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HomeMy WebLinkAbout2002-068 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . RESOLUTION NO. 2002-68 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16225, LOCATED AT THE SOUTHEAST CORNER OF HILL DRIVE AND THIRD 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract No. 16225, located at the Southeast corner of Hill Drive and Third A venue, together with the provisions for their design and improvements, is consistent with the General Plan of the City of San Bernardino. SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard form of agreement adopted by Resolution No. 84-8 with Carrillo Construction for improvements in said subdivision tract as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawings approved and on file in the office of Development Services of the City of San Bernardino. SECTION 3. The Final Map of said subdivision tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Final Map for streets, alleys (including access rights), drainage and other public easements. As a condition precedent of approval of the Final Map, the 2002-68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 16225...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR PERFORMANCE SPECIFIED. Subdivider shall first execute the agreement referenced In Section 2 hereof for the improvements within said Subdivision. The City Clerk shall certify the approval and acceptance of the Mayor and Conunon Council as set forth in this Resolution. SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-68 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 16225... I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor jt. and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the 4th day of March ,2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MC GINNIS x DERRY x SUAREZ x ANDERSON x MC CAMMACK x ~h,~ 2002. The foregoing resolution is hereby approved this1 5 TI1 day of /, ..' I V!d.({C~ f-' lJidithjValles, Mayor . I /City Of San Bernardino I . ,,- . March Approved as to Form and legal content: JAMES F. PENMAN, City Attorney f rt. ~, By: 2002-68 1 2 3 AGREEMENT (Subd1.vildon x..,rovemants) 'l'RXS Am-K-BDft' is made and entered into as of th:Ls 1 2 4 day of February , 2002 , by and between the CITY OF SAN BERNARDINO, a Mun:Lcipal Corporation, hereinafter referred to as 5 6 "City", and Carrillo Construction , hereinafter 7 referred to as "Subdivider". 8 9 RECZTALS A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") 11 entitled Tr. 16225 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ; and, B. WHEREAS, the map has been filed with the City for resentation to the City Council (hereinafter called "COuncil") f the City for i ts approv~, wh:Lch map is hereby referred to and C. 1IIIEREAS. Subd1.vider has requested approval of the map the construction and completion of improvements, all streets, h:Lghways or pubU.c ways and public utility acilities which are a part of, or appurtenant to, the ubdivision (hereinafter called "subdivision") designated in the ap, all in accordance with, and as required by, the Plans and pecifications for all or any of said improvements in, ppurtenant to, or outside the lilll:Lts of subdivision, wh:Lch Plans nd Specifications are now on file in the Office of the City gineer of the City: and, 28 AS/mgl[Subdivimp.Agr] 1 eptember 20, 1990 2002-68 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 improv_ents 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 1:0 be F1zed 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 2002-68 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 wi thin 24 months 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 I 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 September 20, 1990 6 7 8 9 10 11 12 13 14 2002-68 1 2 6. Ut~1~ty Depos~ts - 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 publ~c utility corporation ~nvolved, to the effect that Subd~v~der has made all deposits legally required by such public utility corporation for the conn~ction of any and all public util~ties to be supplied by such public utility corporat~on within the Subdivision. 7. Compl~ance w~th Law. Perm~ts: Subdiv~der shall, at Subdivider's expense, obta~n all necessary permits and licenses for the construction of such improvements, give a11 necessary notices and pay all fees and taxes required by law. Subdivider shall comply w~th all provisions of the Subdivision Map Act and 15 Title 19 San Bernardino Munic~pal Code. 16 8. Superintendence by Subdiv~der. 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 t~mes dur~ng progress, with authority 20 to act for Subdiv~der. 21 9. rnspect~on by C~ty. Subdiv~der shall at all times 22 maintain proper fac~lities and provide safe access for inspection 23 by City to all parts of the work and to the shops wherein the 24 work ~s ~n preparation. 25 10. Contract Secur~ty. Concurrently w~th the execution 26 hereof, Subdivider shall furn~sh to City ~mprovement security as 27 follows: 28 (a) An amount equal to at least one hundred percent (100%) BAS/mgl[Subdivimp.Agr] 4 September 20, 1990 2002-68 1 2 3 4 5 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 III of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. BAS/mgl[Subdivimp.Agr] 5 September 20, 1990 2002-68 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 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 (a) Workers Compensation Insurance/Employer's Liability Insurance. Subdivider shall maintain, during the life of this Agreement, Worker's Compensation Insurance and Employer's Liability Insurance for all Subdivider's employees employed at the site of improvement, and, in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the BAS/mgl[Subdivimp.Agr) 6 September 20, 1990 2002-68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 protection of employees nbt otherwise protected. Subdivider shall indemnify City for any damage resul ting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Subdivider shall take out and maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit AS/mgl[Subdivimp.Agr] 7 eptember 20, 1990 2002-68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for each person, in an'amount not less than One Million Dollars (Sl,OOO,OOO.OD) on account of any one occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Property Damage Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for damage to the property of each person on account of anyone occurrence. In the event that any of the aforesaid insurance pOlicies provided for in this Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such pOlicy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. (3) '1'8i1 Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance policy .is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (1) year from completion of the project. All ASjmgl[Subdivimp.Agr] 8 eptember.20, 1990 2002-68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Injury - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, on invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor 16 shall furnish City, concurrently with the execution hereof, with 17 satisfactory evidence of the insurance required, and evidence 18 that City is named and endorsed on the pOlicy as an additional 19 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 2002-68 1 2 liens, demands and cause of action of. every kind and characte 3 including, but not limited to, the amounts of judgments, 4 penalties, interests, court costs, attorney's/legal fees, and all 5 other expenses incurred by the City arising in favor on any 6 party, including claims, liens, debts, demands for lost wages or 7 compensation, personal injuries, including employees of the City, 8 death or damages to property (including property of the City) and 9 without limitation by enumeration, all other claims or demands of 10 every character occurring or in any way incident to, in 11 connection with or arising directly or indirectly, (including 12 from the negligent performance by its officers, employees, 13 agents) from the terms of this Agreement, whether such 14 operations/incidents are caused by contractor, Subdivider or any 15 of contractor/Subdivider's subcontractors, contractors or by any 16 one or more persons directly or indirectly employed by or acting 17 as agent for contractor, Subdivider, or anyone of contractor or 18 Subdivider's contractors or subcontractors. Subdivider/Developer 19 shall investigate, handle, respond to, provide defense for and 20 defend any such claims, demand, or suit at the sole expense of 21 the Subdivider/Developer even if the claim or claims alleged are 22 groundless, false or fraudulent. Subdivider agrees to, and 23 shall, defend City, its appointive boards, commissions, officers, 24 agents and employees from any suits or actions at law or in 25 equity for damages caused, or alleged to have been caused, by 26 reason of any of the aforesaid operations, provided as follows: 27 28 (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the BAS/mgl[Subdivimp.Agr] 10 September 20, 1990 2002-68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, or any of the insurance pOlicies described in Paragraph 11 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of Plans and/or Specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be 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 ereunder. 24 14. '!'itle 1:0 L.a....ovements. 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 provements by City. 28 AS/mgl [Subdivimp.Agr] 11 eptember 20, 1990 2002-68 1 2 3 15. Repair or Reconstruction of Defective Work. If, 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, ~ considered to be agents of City in connection with the 23 24 25 26 27 performance of Subdivider's obligations under this Agreement. 17. Cost of Enclineertng and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing 28 any construction. AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 2002-68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. Notice of Breach and Defauit. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Ag:reeIIIen1:: Performance by Surety or City. In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement herein specified: provided, however, that if the surety, within five days after the serving upon of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby: and, in such event, City, without BAS/mgl[Subdivimp.Agr] 13 September 20, 1990 2002-68 1 2 liability for so doing, may take poss&ssion of, and utilize in 3 comp~eting 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. .Al1 notices herein required shall be in 7 writing, and delivered in person or sent by registered mail, 8 postage p~epaid. 9 (a) Notices required to be given to City shall be 10 addressed as follows: 11 12 13 City Administrator City Hall 300 North -D- Street San Bernardino, California 92418 14 (b) Notices required to be given to Subdivider shall be 15 16 17 addressed as follows: Carrillo Construction PO 130; '1127 ~.an A';)HI~~rdl,\n. rJi 92427 18 (c) Notices required 1:0 be given to surety of Subdivider 19 shall be addressed as follows: t ~ \'-. 20 ~'l, 11'1.. Pl.,.,.'"!..", PmI-lT<>. J),- Sa,7f. IbS 21 /...I>rf,-,~q AI,w-s, c..q en' 53 ~ Provided that any party or the surety may change such address by 23 notice in writing 1:0 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 III BAS/malrSubdivimD.Aarl 14 8 9 10 11 12 13 14 15 16 17 18 19 2002-68 1 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 5 6 ATTEST: ~ !J. CLuJc SAN BERNARDINO 7 Approved as to form and legal content: JAMES F. PENMAN, City Attorney, By: \\,..L...Y~ By: L ?,p~ C ' By: INS'l'RUCTIONS If the Subdivider is a corporation, the Agreement must be executed in the corpo~ate name and signed-by the President or a Vice-President and the Secretary or Assistant Secretary, and, the corporate seal affixed., If the Subdivider is a partnership, it must be signed by all partners. If the Subdivider is an 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 26 27 28 ) ) ss. ) COUNTY OF On this day of e, the undersigned, a Notary tate, persOnally appeared ersonally known to me (or proved to me on the basis of atisfactory evidence to be the President, and ,19 ,before Public in and for said County and AS/mgl[Subdivimp.Agr] 15 eptember 20, 1990 ./ r r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2002-68 personally known to me (or proved to me on the basis of satisfactory evidence) to be the of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the Same, pursuant to its by-laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. SEe:. A4/>-Q.l.",(z,J ~~(((.\\11.JLE-dcJi',.!evt Notary Signature (This area for official seal.) AS/mgl [Subdivimp.Agr] 16 eptember 20, 1990 J . 2002-68 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~,c<'..c<'-e<'.c<'-<S<'-e<'-C<'..c<',C(',c('.c<',c('.c<'.c<'.c<'.c<'.c<'<<~if.....Q'<<if~<<<<~<<~<<0"~~<<~<<4 ~ State of California } ss I. ~ County of S '" '" R CJl.JJ u J lil a ~ .~ ~ On ~c&tLlhO t Del l.i I] , ,l.OOlbefore me, L bn:-t personally appeared Name(s) ofSigner(s) personally known to me 'X proved to me on the basis of satisfactory evidence 1@'-IIICHARDIl.RIVERA t ... COMM.1t211582 2 z NOTARY PUIlUC - CAUFORNIA 3: - SAN BERNARDINO COUNTY ... 1 My Commlulon ExpIru M..... 4. 2004 J to be the person(%) whose name(ll'l is/ape subscribed to the within instrument and acknowledged to me that he/s)'ffi/theY executed the same in his/t).l!r/th€ir authorized capacity(i~), and that by his/lle'i/th6r signature(sj on the instrument the person(gJ, or the entity upon behalf of which the person(s1 acted, executed the instrument. WITNESS my hand and official seal Place Notary Seal Above J uL._~4oJ, "Q.', Signature of tary Public 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 ~ ~ 2, Description of Attached Document Title or Type of Document: J ~A..~" t->,"t- ( ~ I. ~ J,.;" 10 ,) 1=""Pll',,1 F:'1'\!\:r;f-') Document Date: Fc:h u oy" J1-. LOOl Number of Pages: <; I d-~) 7 ' Signer(s) Other Than Named Above: k, I It Capacity(i~) Clai1:d by Signllr . Signer's Name: . ilcl (' I<UllL. iL Individual Corporate Officer - Title(s): ,_I Partner - L Limited In General .n Attorney in Fact Trustee _ Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ~ ~ a<<~.'C,(.::;c~'C.(,'C{:'C(..'C(;;6(.'6<..:.'C(.'<X~'G(;;C,(}6:::'~<<~'~,:,;'::x.:..-.c,z,~'(',<:>c.<;,~~ Signer Is Representing: '.F If ((l 1999 Nahonal Notary AssocIation. 9350 De Solo Ave, PO Box 2402' Chalsworth, CA 91313-2402' www,nationalnotary,org Prod,No5907 Reorderc Call Toll-Free 1-800-876-6827 ;g ~ g ,g g g '"