HomeMy WebLinkAbout24- Public Works _CITY OF SAN BERNARDINO - REQUEST FOR COUNCII, ACTION
L: Michael E. Hays, Director Subject: Approval of Final Map for Tentative Tract No.
13630 - Northeast corner of Belmont Avenue and
Dept: Public Works/Engineering Magnolia Avenue.
Date: April 21, 1998 File No: 11.03 Tract No. 13630 C� Y
MCC Date: May 4, 1998 �J
Synopsis of Previous Council Action:
None APR 2 2 19gA
Recommended Motion:
That the Mayor and Common Council adopt the Resolution which approves the Final map for Tentative
Tract No. 13630.
Michael . Hays
Contact person: Youn H Kim Phone: 384-5027
Supporting data attached: taS ff Report and Resolution Ward(s): 5
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct Description
Finance:
r�
Council Notes: , ,
Agenda Item No. �� `�`
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
FOR SUBDIVISION TRACT NO. 13630, LOCATED ON THE NORTHEAST CORNER
OF BELMONT AVENUE AND MAGNOLIA AVENUE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BACKGROUND:
Tentative Tract No. 13630 was approved by the Planning Commission on March 5, 1990.
Extensions of time were later approved to extend the tentative map to March 5, 1993. An
automatic two-year extension was granted by Section 66452.11 of the Subdivision Map Act,
which extended this tentative map to March 5, 1995. An additional extension of time was
approved by the City to extend the tentative map to March 5, 1996. An automatic one-year
extension was granted by Section 66452.13 of the Subdivision Map Act, which extended this
tentative map to March 5, 1997. An additional extension of time was approved by the City to
extend the tentative map to May 18, 1998.
Tract No. 13630 is a 34-lot single-family residential subdivision. The required improvement
securities and certificates of insurance will be filed prior to the Council meeting of May 4,1998,
and the prescribed fees will be paid prior to recordation of final map. Also, the improvement
and grading plans have been prepared.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends approval of the map which is in substantial compliance with the approved
tentative map.
EXHIBITS
1. Map
2. Resolution
i
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO. 13630, LOCATED ON THE NORTHEAST CORNER
3 OF BELMONT AVENUE AND MAGNOLIA AVENUE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF
4 THE STANDARD FORM OF AGREEMENT FOR THE IWROVEMENTS IN SAID
5 SUBDIVISION, WTTH TIME FOR PERFORMANCE SPECIFIED. �
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
sl
SECTION 1. The Mayor and Common Council find that proposed Subdivision
9 1 Tract No. 13630, located on the northeast corner of Belmont Avenue and Magnolia Avenue,
10 i together with the provisions for their design and improvements, is consistent with the General
11 i Plan of the City of San Bernardino.
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SECTION 2. The 'Mayor of the City of San Bernardino is authorized on behalf
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14� 1 of said City to execute the standard form of agreement with JBSD Development, Inc. for the
improvements in said subdivision tract as are required by Title 19 of the San Bernardino
151
16 1 Municipal Code and the California Subdivision Map Act. The time for performance is specified
1; at 24 months. Said improvements are specifically described and shown on Drawings approved
1s and on file in the office of the City Engineer of the City of San Bernardino.
19 SECTION 3. The Final Map of said subdivision tract is hereby approved and the
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21 City of San Bernardino hereby accepts as public property all dedications within the subdivision
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I as shown on said Final Map for streets, alleys (including access rights), drainage and other
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public easements. As a condition precedent to approval of the Final Map, Subdivider shail
2311 : P P PP P�
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24' 1 first execute the agreement referenced in Section 2 hereof for the improvements within said
25 I subdivision. The City Clerk shall certify the approval and acceptance of the Mayor and
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Common Council as set forth in this resolution.
27 l
2s
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2 RESOLUTION. . .APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 13630
LOCATED ON THE NORTHEAST CORNER OF BELMONT AVENUE AND MAGNOLIA
3 AVENUE.
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SECTION 4. Recordation of the final map is contingent upon the subdivider filing
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6 acceptable financial guarantee to insure construction of the required public improvements, and
7 insurance certificate.
8 SECTION 5. This resolution is rescinded if the parties to the agreement fail to
9 execute it within sixty (60) days of the passage of this resolution.
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2 RESOLUTION. . .APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 13630
LOCATED ON THE NORTHEAST CORNER OF BELMONT AVENUE AND MAGNOLIA
3 AVENUE.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of 1998, by the following vote, to wit:
7
8 COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN
9 ESTRADA
10 LIEN
11
12 ARIAS
13 SCHNETZ
14 DEVLIN
15 ANDERSON
16 MILLER
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18 City Clerk
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20 The foregoing resolution is hereby approved this day of , 1998.
21
JUDITH VALLES, Mayor
22 City of San Bernardino
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City Attorney
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2 RESOLUTION. . .APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 13630
LOCATED ON THE NORTHEAST CORNER OF BELMONT AVENUE AND MAGNOLIA
3 AVENUE.
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STATE OF CALIFORNIA )
5 COUNTY OF SAN BERNARDINO ) SS
6 CITY OF SAN BERNARDINO )
7 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY i
8 CERTIFY, that the foregoing resolution No. is a full, true and correct copy of that now
9 on file in this office.
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IN WI'T'NESS WHEREOF, I have hereunto set my hand and affixed the seal of the City
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12 of San Bernardino this day of 1998.
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16 City Clerk
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1s
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4
I AGREEMENT
2 (Subdivision Improvements)
3 THIS AGREEMENT is made and entered into as of this
4 day of 19 , by and between the CITY OF SAN
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
6 "City", and �R S D V'z�D [.Aj v� _ , 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 13630
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 prior to the construction and completion of improvements ,
Including all streets, highways or public ways and public utility
20
21 facilities which are a part of, or appurtenant to, the
22 subdivision (hereinafter called "subdivision" ) designated in the
23 ap, all in accordance with, and as required by, the Plans and
24 Specifications for all or any of said improvements in,
25 ppurtenant to, or outside the limits of subdivision, which Plans
and Specifications are now on file in the Office of the City
26
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,
61 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 office, and to the satisfaction of
BAS/mgl[Subdivimp.Agr] 2
September 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 mont'ns 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.
HAS/mgl[Subdivimp.Agr] 3
September 20, 1990
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 g 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] C
September 20, 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$) of the
6 total estimated cost of the improvements and acts to
7 be performed as security for the payment of all
8 persons performing labor and furnishing materials in
9 connection with this Agreement; and,
10 (c) An amount equal to at least twenty-five percent (25$)
1.1 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
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.
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HAS/mgl[Subdivimp.Agr] 5
September 20, 1990
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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 subcortractcr to commerce 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
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 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 cont_actor'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
eptember 20, 1990
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
eptember .20, 1990
1
2 subcontractors must and shall comply with the
3 same insurance provisions as the contractors )
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 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
September 20, 1990
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 an
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
13 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,
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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 thel
BAS/mgl[Subdivimp.Agr] 10
September 20, 1990
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 ' 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
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27 rovements by City.
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eptember 20, 1990
1
2 15. Repair or Reconstruction of Defective Tilork. 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 Accent 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 Engineerinq 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
eptember 20, 1990
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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
September 20, 1990
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:
Orange National Bank, as Custodian F.B.O.
16 JBSD Development, Inc. , a California Corooration
17 21515 Hawthorne, Suite 840, Torrance, CA 90503
18 (c) Notices required to be givgn to surety of Subdivide:
19 shall be addressed as follows:
20 The INSCO/DICO Group
21 600 N. 'Mountain Avenue, Suite 3-204, Upland, CA 91786
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
/mgl[Subdivimp.Agr] 14
September 20, 1990
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:
8 SUBDIVIDER:
JAMES F. PENMAN,
g City Attorney, By:
10 /
By: h �
By:
11 �
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 )
ss.
5 COUNTY OF A,;� c� )
26 e, the undersigned,� a allot of �� 19 before
Notary Pt�iblic in and for said County and
27 tate, personally appeared
28 ersonally known to me
to be the President, and
AS/mgl[Subdivimp.Agr] 15
eptember 20, 1990
.. 1
2 S� '
personally kn wn to me ( d f
3 iNktIsfactory 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
? executed the same, pursuant to
its by-laws, or a resolution of
8 its Hoard of Directors.
WITNESS my hand and official seal.
9
=mot
10 �
Not , ighatu re (This area for official seal. )
11 `�
12
TAWAA J.`
13
c«n*sbn•1127899
Notary PUWC—calbrAG
14 UMv Comm. Feb 26,M01
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AS/mgl[Subdivimp.Agr] 16
September 20, 1990