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HomeMy WebLinkAbout12- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS , Director Subject: Resolution approving Final Map for Tentative Tract No. 15905—approximately 694 feet east of Dept: Development Services Little League Drive and 294 feet west of Date: OR11"It,�� Magno lia Avenues March 30, 1999 File No: 11.03 �, Synopsis of Previous Council Action: MCC DATE: April 19, 1999 ` None Recommended Motion: That the Mayor and Common Council adopt the Resolution approving the Final Map for Tentative Tract No. 15905. Michael E. days Contact Person: y,,„ u Kim Phone: 5027 Supporting data attached: Staff Report, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source (Acct. NO.) N/A (Acct. Description) N/A Finance: Council Notes: y ! 9 99 Agenda Item No._ CITY OF, SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Final Map for Tentative Tract No. 15905—approximately 694 feet east of Little League Drive and 294 feet west of Magnolia Avenue. Background: The Planning Commission on September 22, 1998 approved tentative Tract No. 15905; this is an 8-lot single- family residential subdivision. The required improvement securities and certificates of insurance will be filed prior to the council meeting of April 19, 1999, and the prescribed fees will be paid. Additionally, the improvement and grading plans have been approved. The Final Map has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, we recommend that the Final Map be approved. Financial Impact: There is no financial impact to the City. Recommendation: Staff recommends that the Mayor and Common Council adopt the Resolution. i 98 tA p�R �. J o♦ v T p — AL --- ti �V v L. YLOOO-0 16 '% ,1001" co 40 �. . QDPW7 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE 3 FINAL MAP FOR SUBDIVISION TRACT NO. 15905, LOCATED APPROXIMATELY 694 FEET EAST OF LITTLE LEAGUE DRIVE AND 294 FEET WEST OF MAGNOLIA 4 AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF 5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME 6 FOR PERFORMANCE SPECIFIED. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract 10 No. 15905, located approximately 694 feet east of Little League Drive and 294 feet west of 11 Maanolia Avenue, together with the provisions for their design and improvements, is 12 consistent with the General Plan of the City of San Bernardino. 13 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of sal*(- 14 15 City to execute the standard form of agreement adopted by Resolution No. 84-8 with Hidden_ 16 Hills of Verdemont, L.L.C., for the improvements in said subdivision tract as are required b,� 17 Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. Thc- 18 time for performance is specified at 24 months. Said improvements are specifically described 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 Cit% 23 of San Bernardino hereby accepts as public property all dedications within the subdivision a, 24 shown on said Final Map for streets, alleys (including access rights), drainage and other publiQ 25 easements. As a condition precedent of approval of the Final Map, the Subdivider shall firs 26 27 execute the agreement referenced in Section 2 hereof for the improvements within saic 28 Subdivision. ' 1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO 2 15905...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZIN( 3 EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOI 4 PERFORMANCE SPECIFIED. 5 6 7 The City Clerk shall certify the approval and acceptance of the Mayor and Common Council 8 set forth in this Resolution. 9 SECTION 4. Recordation of the final map is contingent upon the Subdivider filin. 10 acceptable financial guarantee to insure construction of the required public improvements, al,_ 11 12 insurance certificate. 13 SECTION 5. This Resolution is rescinded if the parties to the agreement fail to execu� 14 it within sixty (60) days of the passage of this Resolution. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15905... 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 3 and Common Council of the City of San Bernardino at a meeting thereof, helc 4 on the day of , 1999, by the following vote, to wit: 5 6 7 Council Members AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 MCGINNIS 11 12 SCHNETZ 13 DEVLIN 14 ANDERSON 15 MILLER 16 17 18 Rachel Clark, City Clerk 19 The foregoing Resolution is hereby approved this day of 20 1999. 21 22 23 Judith Valles, Mayor 24 City of San Bernardino Approved as to form 25 And legal content: 26 JAMES F. PENMAN, 27 City A=ey 28 By:. - 3 - v 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREM 5 6 CERTIFY, that the foregoing Resolution No. is a full, true and correct copy of th 7 now on file in this office. 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Cit,. 9 of San Bernardino this day of , 1999. 10 11 12 Rachel Clark, City Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - 1 AGREEMENT 2 (Subdivision Improvements) 3 THIS AGREEMENT is made and entered into as of this 4 day of APRIL 19 99 by and between the CITY OF Sp 5 BERNARDINO, a Municipal Corporation, hereinafter referred to e 6 "City" , and Hidden Hills of Verdemont, LLC. hereinafte 7 referred to as "Subdivider" . 8 RECITALS 9 A. WHEREAS , Subdivider has presented to City fo 10 approval a final subdivision map (hereinafter called "map" 11 entitled Tract #15905 8 lot Subdivision 12 - 13 : and, 14 B. WHEREAS, the map has been filed with the City fc 15 presentation to the City Council (hereinafter called "Council" 16 of the City for its approval, which map is hereby referred to a.i 17 incorporated herein; and, 18 C. WHEREAS, Subdivider has requested approval of the m: 19 prior to the construction and completion of improvement, 20 Including all streets, highways or public ways and public utili 21 facilities which are a part of , or appurtenant to , t' 22 subdivision (hereinafter called "subdivision" ) designated in t 23 map, all in accordance with, and as required by, the Plans a 24 Specifications for all or any of said improvements i 25 appurtenant to, or outside the limits of subdivision, which Plia 26 nd Specifications are now on file in the Office of the Ci 27 Engineer of the City; and, 28 AS/mgl[Subdivimp.Agr] 1 eptember 20, 1990 1 2 D. WHEREAS, Council has approved said map and accepte 3 the dedications therein offered, or some thereof, on conditio 4 that Subdivider first enter into and execute this Agreement wit 5 the City; and, 6 E. WHEREAS, This Agreement is executed pursuant to tr 7 provisions of the Subdivision Map Act of the State of Californj 8 and Title 19 San Bernardino Municipal Code. 9 NOW THEREFORE, for and in consideration of the approval c 10 the map and of the acceptance of the dedications, or sor 11 thereof, therein offered and in order to insure satisfacto: 12 performance by Subdivider of Subdivider's obligations under saI 13 Subdivision Map Act and said Ordinance, the parties agree 14 follows: 15 1. Performance of Work. Subdivider will do and perfoz- 16 or cause to be done and performed, at Subdivider's own expenss 17 in a good and workmanlike manner, and furnish all requir{ 18 materials, all to the satisfaction of the City Engineer of Cit 19 the work and improvements within (and/or without) the subdivisi 20 to complete the improvements in accordance with the Plans a 21 Specifications on file as hereinbefore specified, or with a 22 changes required or ordered by said Engineer which, in h 23 opinion, are necessary or required to complete the work. 24 2. Work: Places and Grades to be Fixed by Engineer. F 25 of said work is to be done at the places, of the materials, 26 the manner, and at the grades, all as shown upon the Plans 27 Specifications therefor, heretofore approved by City Engineer 28 which are now on file in his office, and to the satisfaction BAS/mgl[Subdivimp.Agr] 2 September 20, 1990 1 2 said City Engineer. 3 3. Work: Time for Commencement and Performance. Ci-t• 4 hereby fixes the time for the completion of said work to b 5 within �'wc.K.f y—�a�r�2`F) /riO�L from the date hereof. 6 4. Time of Essence - Extension. Time is of the essence o 7 this Agreement; provided that, in the event good cause is show 8 therefor, the City Engineer may extend the time for completion o 9 the improvements hereunder. Any such extension may be grante 10 without notice to the Subdivider ' s surety, and extensions is 11 granted shall not relieve the surety's liability on the bond •t 12 secure the faithful performance of this Agreement. The Cit- 13 Engineer shall be the sole and final judge as to whether or nc 14 good cause has been shown to entitle Subdivider to an extension. 15 5. Repairs and Replacements. Subdivider shall replace, c 16 have replaced, or repair, or have repaired, as the case may be 17 all pipes and monuments shown on the map which have beE 18 destroyed or damaged, and Subdivider shall replace, or hav 19 replaced, repair, or have repaired, as the case may be, or pay - 20 the owner the entire cost of replacement or repairs, of any a: 21 all property damaged or destroyed by reason of any work doi 22 hereunder, whether such property be owned by the United State. 23 or any agency thereof, or the State of California, or any agen 24 or political subdivision thereof, or by the City, or by a 25 public or private corporation, or by any person whomsoever, or 26 any combination of such owners. Any such repair or replaced(: 27 shall be to the satisfaction, and subject to the approval, of 't 28 City Engineer. BAS/mgl[Subdivimp.Agr] 3 SpntemhAr 20. 1990 1 2 6. Utility Deposits - Statement. Subdivider shall fj.? 3 with the City Clerk, prior to the commencement of any work to t 4 performed within the area delineated on the map, a writtf 5 statement signed by Subdivider, and each public utilit 6 corporation involved, to the effect that Subdivider has made a- 7 deposits legally required by such public utility corporation !`c 8 the connection of any and all public utilities to be supplied r 9 such public utility corporation within the Subdivision. 10 7. Permits: Compliance with Law. Subdivider shall, c 11 Subdivider' s expense, obtain all necessary permits and licensf 12 for the construction of such improvements, give all necessa- 13 notices and pay all- fees and taxes required by law. Subdivid 14 shall comply with all provisions of the Subdivision Map Act a: 15 Title 19 San Bernardino Municipal Code. 16 8. Superintendence by Subdivider. Subdivider shall g:i 17 personal superintendence to the work on said improvement, or ha 18 a competent foreman or superintendent, satisfactory to the Ci 19 Engineer on the work at all times during progress, with authori 20 to act for Subdivider. 21 9. Inspection by City. Subdivider shall at all tier. 22 maintain proper facilities and provide safe access for inspecti 23 by City to all parts of the work and to the shops wherein t 24 work is in preparation. 25 10. Contract Security. Concurrently with the execut:: 26 hereof, Subdivider shall furnish to City improvement security 27 follows: 28 (a) An amount equal to at least one hundred percent (10C BAS/mgl[Subdivimp.Agr] 4 September 20, 1990 1 2 of the total estimated cost of the improvement ar 3 acts to be performed as security for the faithfL 4 performance of this Agreement; 5 (b) An amount equal to at least fifty percent (50%) of tt 6 total estimated cost of the improvements and acts t 7 be performed as security for the payment of a: 8 persons performing labor and furnishing materials j 9 connection with this Agreement; and, 10 (c) An amount equal to at least twenty-five percent (25'! 11 of the total estimated cost of the improvements ar 12 acts to be performed as security for the guarantee air 13 warranty of the work for a period of one ( 1 ) ye 14 following the completion and acceptance there: 15 against any defective work or labor done, or defect: 16 materials furnished. 17 As a part of the obligation guaranteed by t: 18 security and in addition to the f ace amount of t 19 security, there shall be included costs and reasonat 20 expenses and fees, including reasonable attorney 21 fees, incurred by City in successfully enforcing 22 obligation secured. The type of security furnis'F 23 shall be in the form of bonds, deposits or letters 24 credit as provided in Title 19 San Bernardi 25 Municipal Code, and the type shall be at the option. 26 and subject to the approval of the City Engineer 27 the City Attorney. 28 BAS/mgl[Subdivimp.Agr] 5 September 20, 1994 1 2 11. Subdivider's Insurance. Subdivider shall not commenc 3 work under this Agreement until Subdivider shall have obtainer 4 all insurance required under this paragraph, and such insuranc 5 shall have been approved by City Attorney as to form, amount an 6 carrier , nor shall Subdivider allow any contractor o_ 7 subcontractor to commence work on his contract or subcontrac 8 until all similar insurance required of the contractor o- 9 subcontractor shall have been so obtained and approved. Al_ 10 requirements herein provided shall appear either in the body o 11 the insurance policies or as endorsements and shall specificall 12 bind the insurance carrier. 13 (a) Workers Compensation Insurance/Employer's Liabili-t 14 Insurance. Subdivider shall maintain, during the li:E 15 of this Agreement, Worker's Compensation Insurance an 16 Employer' s Liability Insurance for all Subdivider' 17 employees employed at the site of improvement, and, i 18 case any work is sublet, Subdivider shall require an 19 contractor or subcontractor similarly to provifl 20 Worker ' s Compensation Insurance and Employer ' 21 Liability Insurance for all contractor ' s o 22 subcontractor's employees, unless such employees ar 23 covered by the protection afforded by Subdivider. I 24 case any class of employees engaged in work under thi 25 Agreement at the site of the project is not protecte 26 under any Worker's Compensation Law, Subdivider sha'_ 27 provide , and shall cause each contractor an 28 subcontractor to provide, adequate insurance for tr AS/mgl[Subdivimp.Agr] 6 eptember 20, 1990 1 2 protection of employees not otherwise protected. 3 Subdivider shall indemnify City for any damage 4 resulting to it from failure of either Subdivider o: 5 any contractor or subcontractor to take out oz 6 maintain such insurance. 7 (b) Public Liability and Property Damage Insurance: 8 Subdivider shall take out and maintain, during thif 9 life of this Agreement, such public liability aric 10 property damage insurance as shall insure City, it:E 11 elective and appointive boards, commissions, officers: 12 agents and employees, Subdivider and any contractor or 13 subcontractor performing work covered by thi. 14 Agreement from claims for damages for personal injury 15 ( as defined hereunder) , including death, as well a 16 from claims for property damage or product liabilii: 17 which may arise from Subdivider' s or any contractor' 18 or subcontractor's operations hereunder, whether swc 19 operations be by Subdivider or any contractor c 20 subcontractor, or by anyone , including , witho-u 21 limitation , agents , employees or independen 22 contractors, directly or indirectly employed by eithe 23 Subdivider or any contractor or subcontractor, and tr 24 amounts of such insurance shall be as follows: 25 (1) Public Liability Insurance. In an amount nc 26 less than One Million Dollars ($1,000,000.00) f, 27 injuries, including, but not limited to, dead 28 to any one person, and, subject to the same lira_ AS/mgl[Subdivimp.Agr] 7 eptember 20, 1990 1 2 for each person, in an *amount not less than On 3 Million Dollars ($1,000,000.00) on account of an 4 one occurrence; Product Liability Insuranc 5 coverage should be part of the Public Liabilit 6 Insurance; 7 (2) Property Damage Insurance. In an amount not le: 8 than One Million Dollars ($1,000,000.00) 9 for damage to the property of each person c 10 account of any one occurrence. 11 In the event that any of the aforesaid insuranx 12 policies provided for in this Paragraph 11 insures air 13 entity, person, board or commission other than tho 14 mentioned in this paragraph, such policy shall conta. 15 a standard form of cross-liability endorsemen 16 insuring on such policy City, its elective a, 17 appointive boards, commissions, officers, agents a 18 employees , Subdivider and any contractor t 19 subcontractor performing work covered by th 20 Agreement. 21 (3) Tail Coverage. Insurance coverage, albeit f 22 public liability or property damage, shall 23 written, if possible, on an "occurrence" fc 24 rather than a "claims made" policy. if t 25 insurance policy -is written on a "claims mac 26 policy, then additional coverage, entitled "t: 27 coverage" must be purchased to cover a period 28 one ( 1 ) year from completion of the project. AS/mgl[Subdivimp.Agr] 8 eptember .20, 1990 1 2 subcontractors must and shall comply with th 3 same insurance provisions as the contractor(:s 4 and subdivider(s) . 5 (4) Personal Injury - Defined. As used herein, t!h 6 term "personal injury" shall be defined as a hur 7 or damage to one ' s person including, withou 8 limitation, damage to health, cuts, bruises 9 broken limbs and/or bones , or the like 10 disabilities or impairments , includin 11 aggravation of existing injuries, on invasion c 12 personal rights, including libel or slander 13 criminal conversation, malicious prosecution 14 false imprisonment and mental suffering. 15 12. Evidence of Insurance. Subdivider and contracts 16 shall furnish City, concurrently with the execution hereof, wi* 17 satisfactory evidence of the insurance required, and evidenc 18 that City is named and endorsed on the policy as an additionz 19 insured. Subdivider and contractor shall also provide City wi. 20 evidence that each carrier will be required to give City at leap. 21 ten ( 10 ) days prior written notice of the cancellation c 22 reduction in coverage of any policy during the effective peri.r 23 of this Agreement. 24 13 . Hold Harmless/Indemnification. Subdivider( s 25 Developer(s) hereby agree to and shall protect, defend, indemni 26 and hold the City and its elective and appointive board 27 commissions, officers, agents, employees and servants free a: 28 harmless from any and all liability losses, damages, claim. BAS/mgl[Subdivimp.Agr] 9 eantember 20. 1990 1 2 liens, demands and cause of action of* every kind and charac:t 3 including, but not limited to, the amounts of judgment 4 penalties, interests, court costs, attorney's/legal fees, and 5 other expenses incurred by the City arising in favor on e 6 party, including claims, liens, debts, demands for lost wages 7 compensation, personal injuries, including employees of the Ci- 8 death or damages to property (including property of the City) 9 without limitation by enumeration, all other claims or demands; 10 every character occurring or in any way incident to, 11 connection with or arising directly or indirectly, ( includ_ 12 from the negligent performance by its officers, employee 13 agents ) from the terms of this Agreement , whether su 14 operations/incidents are caused by contractor, Subdivider or . 15 of contractor/Subdivider's subcontractors, contractors or by 16 one or more persons directly or indirectly employed by or act 17 as agent for contractor, Subdivider, or any one of contractor 18 Subdivider's contractors or subcontractors. Subdivider/Develo 19 shall investigate, handle, respond to, provide defense for 20 defend any such claims, demand, or suit at the sole expense 21 the Subdivider/Developer even if the claim or claims alleged 22 groundless, false or fraudulent. Subdivider agrees to, 23 shall, defend City, its appointive boards, commissions, office 24 agents and employees from any suits or actions at law or 25 equity for damages caused, or alleged to have been caused, 26 reason of any of the aforesaid operations, provided as follow, 27 (a) That City does not, and shall not, waive any rig 28 against Subdivider which it may have by reason of BAS/mgl[Subdivimp.Agr] 10 September 20, 1990 1 2 aforesaid hold harmless agreement, because of tlz. 3 acceptance by City, or the deposit with City b 4 Subdivider, or any of the insurance policies describe 5 in Paragraph 11 hereof. 6 (b) That the aforesaid hold harmless agreement b. 7 Subdivider shall apply to all damages and claims for 8 damages of every kind suffered, or alleged to hav* 9 been suffered, by reason of any of the aforesaic 10 operations referred to in this paragraph, regardless 11 of whether or not City has prepared, supplied o. 12 approved of Plans and/or Specifications for th 13 subdivision, or regardless of whether or not suc: 14 insurance policies shall have been determined to la 15 applicable.. to any of such damages or claims fo 16 damages. 17 This provision is not intended to create any cause of action i 18 favor of any third party against Subdivider/Developer or the Cit 19 or to enlarge in any way the Subdivider's/Developer's liabili' 20 but is intended solely to provide for indemnification of the Cit 21 from liability for damage or injuries to third persons c 22 property arising from Subdivider/Developer ' s performanc 23 hereunder. 24 14. Title to Zmpro --ants. Title to, and ownership ot 25 all improvements constructed hereunder by Subdivider shall ves 26 absolutely in City, upon completion and acceptance of suc 27 improvements by City. 28 /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 wor 4 performed under this Agreement, any 'structure or part of ar 5 structure furnished and/or installed or constructed, or caused t 6 be installed or constructed by Subdivider, or any of the wcr 7 done under this Agreement, fails to fulfill any of th 8 requirements of this Agreement or the Specifications referred t 9 herein, Subdivider shall, without delay and without any cost t 10 City, repair or replace or reconstruct any defective or otherwis 11 unsatisfactory part or parts of the work or structure. Shoul 12 Subdivider fail to act promptly or in accordance with th.i 13 requirement, or should the exigencies of the situation a 14 determined by the City in the exercise of its sole discretic 15 require repair, replacement or reconstruction before th 16 Subdivider can be notified, City may, at its option, make th 17 necessary repairs or replacements or perform the necessary work 18 and Subdivider shall pay to the City the actual cost of suc 19 repairs plus fifteen percent (15$) . 20 16. Subdivider Not Agent of City. Neither Subdivider nc 21 any of Subdivider' s agents or contractors are, or shall be 22 considered to be agents of City in connection with th 23 performance of Subdivider's obligations under this Agreement. 24 17. Cost of Engineering and Inspection. Subdivider shal 25 pay to City the costs of all permit fees for all engineeri:7 26 inspections and other services connected with the City in regal:' 27 to the subdivision. Said fees shall be paid prior to commencin:. 28 any construction. AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 1 2 18. Notice of Breach and Default. if Subdivider refus,- 3 or fails to obtain prosecution of the work, or any severable pa_ 4 thereof, with such diligence as will insure its completion wittL 5 the time specified, or any extensions thereof, or fails to obta_ 6 completion of said work within such time, or if the Subdivicif 7 should be adjudged a bankrupt, or Subdivider should make 8 general assignment for the benefit of Subdivider's creditors, c 9 if a receiver should be appointed in the event of Subdivider' 10 insolvency, or if Subdivider, or any of Subdivider's contractor: 11 subcontractors, agents or employees, should violate any of t:l 12 provisions of this Agreement, City Engineer or City Council nnz 13 serve written notice upon Subdivider and Subdivider's surety 14 breach of this Agreement, or of any portion thereof, and defau_ 15 of Subdivider. 16 19. Breach of Agreement; Performance by Surety or Cit- 17 In the event of any such notice, Subdivider's surety shall ha 18 the duty to take over and complete the work and the improveme 19 herein specified; provided, however, that if the surety, with 20 five days after the serving upon of such notice of breach, do 21 not give City written notice of its intention to take over t 22 performance of the contract, and does not commence performar 23 thereof within five days after notice to City of such electic 24 City may take over the work and prosecute the same to completic 25 by contract or by any other method City may deem advisable, i 26 the account and at the expense of Subdivider, and Subdivide: 27 surety shall be liable to City for any excess cost or dama5 28 occasioned City thereby; and, in such event, City, withc BAS/mgl[Subdivimp.Agr] 13 santamher 20. 1990 1 2 liability for so doing, may take possbssion of, and utilize j 3 completing the work, such materials, appliances, plant and othc 4 property belonging to Subdivider as may be on the site of 1:1 5 work and necessary therefor. 6 20. Notices. All notices herein required shall be 1 7 writing, and delivered in person or sent by registered mai.1 8 postage prepaid. 9 (a) Notices required to be given to City shall b 10 addressed as follows: 11 City Administrator City Hall 12 300 North "D" Street 13 San Bernardino, California 92418 14 (b) Notices required to be given to Subdivider shall t 15 addressed as follows: 16 Hidden Hill of Verdemont, L.LC 17 1710 W. Arrow Hwy #1 , Upland, CA 91786 18 (c) Notices required to be given to surety of Subdivide 19 shall be addressed as follows: 20 Inrercargo Insurance Co. c/o Inland Surety 21 4371 Latham St . Sutie 201 Riverside, CA 92501 22 Provided that any party or the surety may change such address t 23 notice in writing to the other party, and, thereafter, notice 24 shall be addressed and transmitted to the new address. 25 21. Successors Bound. This Agreement shall be bindir 26 upon and inure to the benefit of each of the parties and thei 27 respective legal representatives, successors, heirs and assigns. 28 /// BAS/mnl r Subdivimn_Arrr1 I A 1 2 IN WITNESS WHEREOF, the parties hereto have executed t 3 Agreement on the day and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 City Clerk By. _ Judith Valles, Mayor 7 Approved as to form City of San Bernardino and legal content: 8 SUBDIVIDER: JAMES F. PENMAN, Hidden Hill of Verdemont, LLC. 9 City Attorney, By: 10 Wyn C Holmes, Presj_ en — By' o Construction Co 11 Its Managing Member 12 13 INSTRUCTIONS 14 If the Subdivider is a corporation, the Agreement must: 15 executed in the corporate name and signed by the President o. 16 vice-President and the Secretary or Assistant Secretary, and 17 corporate seal affixed., If the Subdivider is a partnership, 18 must be signed by all partners . If the Subdivider is 19 individual doing business under a fictitious name, it must: 20 signed by all persons having an interest in the business, and 21 fictitious name must be signed also. The Agreement must 22 notarized. 23 24 STATE OF CALIFORNIA ) 25 COUNTY OF ss. ) On this day y of 19 befo e, the undersigned, a Notary Public in and for said County a 27 State, personally appeared 28 ersonally known to me ( or proved to me on the basis atisfactory evidence to be the President, and _ AS/mgl[Subdivimp.Acrl 15 1 2 personally known to me ( or proved to . me on the basis t 3 satisfactory evidence) to be the of the corporation that executed — 4 the within instrument, and known to me to be the persons who 5 executed the within instrument on behalf of the corporation 6 therein named, and acknowledged to me that such corporation 7 executed the same, pursuant to its by-laws, or a resolution of 8 its Hoard of Directors. WITNESS my hand and official seal. 9 10 Notary Signature (This area for official seal 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AS/mgl[Subdivimp.Agr] 16 September 20, 1990 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t State of CALIFORNIA County of SAN BERNARDINO On APRIL 5, 1999 before me, THE UNDERSIGNED , Date Name and Title of Ofter(e.g.,'Jane Doe,Notary Public") personally appeared WYN C. HOLMES r Name(s)of Signers) personally known to me–OR–❑proved to me on the basis of satisfactory evidencelo be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), Z NANCY B.SILBERBERG Z or the entity upon behalf of which the person(s) acted, 3 comm.#1123143 S executed the instrument. r NOTARY MALIC- Ct < P w Comm Expkm FeknWy 24-20M S WITN SS my hand and official seal. Signature of Notary Public S NANCY B. SILB OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and cou even fraudulent removal and reattachment of this form to another document. Description of Attached Document t Title or Type of Document: AGREEMENT z Document Date: APRIL 5, 1999 Number of Pages: 15 c Signer(s) Other Than Named Above: ITH VALL.ES, MAYOR f Capacity(ies) Claimed by Signer(s) t Signer's Name: WYN C. HOLMES Signer's Name: * ❑ Individual ❑ Individual X Corporate Officer ❑ Corporate Officer Title(s): PRESIDENT Title(s): ❑ Partner— Limited General Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator f— Other: Top of thumb here ❑ Other: Top of thumb here r Signer Is Representing: Signer Is Representing: HIDDEN HILLS OF VERDEMONT L.L.C. Y SSC C D 1995 National Notary Association-3236 Remmet Ave.,P O.Box 7184•Cancga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1.800-876-68