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HomeMy WebLinkAbout1998-022 TERM/EXPIRATION: 24 months: 1/28/98 - 1/28/2000 1 RESOLUTION NO. 98-22 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14885, LOCATED ON THE NORTH SIDE OF 3 BELMONT AVENUE APPROXIMATELY 660 FEET EAST OF CHESTNUT AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; 4 AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE 5 SPECIFIED. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract No. 14885, located on the north side of Belmont 9 10 11 Avenue approximately 660 feet east of Chestnut Avenue, together with the provisions for their design and improvements, is consistent with the General Plan of the city of San Bernardino. 12 SECTION 2 . The Mayor of the City of San Bernardino is 13 authorized on behalf of said city to execute the standard form of 14 agreement adopted by Resolution No. 84-8 with Belmont Heights, 15 L.L.C. , 16 17 for the improvements in said .subdivision tract as are required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. 18 The time for performance is specified at 24 months. 19 Said improvements are specifically described and shown on Drawings approved and on file in the office 20 21 of the City Engineer of the city of San Bernardino. 22 SECTION 3. The Final Map of said subdivision tract is hereby 23 approved and the city of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said 24 25 26 Final Map for streets, alleys (including access rights), drainage and other public easements. As a condition precedent to approval 27 of the Final Map, the Subdivider shall first execute the agreement referenced in section 2 hereof for the improvements within said 28 1 . 9R-2 . '18- 1 subdivision. The city Clerk shall certify the approval and 2 acceptance of the Mayor and Common Council as set forth in this 3 resolution. 4 SECTION 4. This resolution is rescinded if the parties to the 5 agreement fail to execute it within sixty (60) days of the passage 6 of this resolution. 7 IIII 8 IIII 9 IIII 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ;J8-2 1 RESOLUTION. . .APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 14885 2 LOCATED ON THE NORTH SIDE OF BELMONT AVENUE APPROXIMATELY 660 FEET EAST OF CHESTNUT AVENUE. 3 4 adopted by the Mayor 5 I HEREBY CERTIFY that the foregoing resolution was duly and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 7 to wit: 8 26th day of January , 1998, by the following vote, Council Members AYES NAYS x x x x x x x ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 15 MILLER 16 17 18 19 20 -iLdcL e-1...--tcA-4c cit Clerk The foregoing resolution is hereby approved this ;?glL day of January , 1998. ~ Norine Miller, Mayor Pro Tem City of San Bernard~no )j}d luJ 21 22 Approved as to form 23 and legal content: 24 25 26 27 28 F. PENMAN, ttorney 3 98~22 ", : 1 2 3 AGREEMEN'l' '. 4 day of 0~~ ' 19 7 g , by and between the CITY OF SAN 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as (Subdivi.sion Improv_ents) 'l'IUS AGRBBMBN'1' is made and entered into as of this d's!1 6 "City", and Belmont Heights, LLC. , hereinafter 7 referred to as "Subdivider". 8 RECJ:'1'ALS 9 A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") Tract No. 14885, 11 entitled 12 13 14 B. ; and, 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, 20 including all streets, highways or public ways and public utility 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 appurtenant to, or outside the limits of subdivision, which Plans 26 and Specifications are now on file in the Office of the City 27 gineer of the City; and, 28 AS/mgl[Subdivimp.Agr] eptember 20, 1990 1 ...98-':22, 1 2 I). WHEREAS, Councj,l has approved saj,d map and accepted 3 the dedi.catj,ons therej,n offered, or some thereof, on condj, tion 4 that Subdi.vj,der fj,rst enter j,nto and execute th;Ls Agreement with 5 the City: and, 6 E. WHEREAS, This Agreement is executed pursuant to the 7 provisions of the Subdi.vision Map Act of the State of CalifOrnia 8 and Title 19 San Bernardj,no Municj,pal Code. 9 NOW THEREFORE, for and j,n consj,deratj,on of the approval of 10 the map and of the acceptance of the dedj,catj,ons, or some 11 thereof, therej,n offered and in order to j,nsure satisfactory 12 performance by Subdi.vj,der of Subdi.vj,der's oblj,gatj,ons under said 13 Subdj,vj,sj,on Map Act and saj,d Ordinance, the parties agree as 14 follows: 15 1. Performance of Work. Subdi.vj,der wj,ll do and perform, 16 or cause to be done and performed, at Subdi.vj,der's own expense, 17 j,n e good and workmanlj,ke manner, and furnj,sh all required 18 materials, all to the satj,sfactj,on of the City Engineer of City, 19 the work and j,mprovements wj,th;Ln (and/or wj,thout) the subdi.vision 20 to complete the j,mprovements j,n accordance wj,th the Plans and 21 Specj,fj,catj,ons on fj,le as herej,nbefore specj,fj,ed, or wj,th any 22 changes requj,red or ordered by said Engj,neer whj,ch, j,n his 23 opj,nj,on, are necessary or requj,red to complete the work. 24 2. Work: Places and Grades 1:0 be F:1.zed by Engineer. All 25 of said work j,s to be done at the places, of the materj,als, 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 whi.ch are now on file j,n hi.s office, and to the satisfaction of BAS/mgl[Subdivimp.Agr] 2 september 20, 1990 I 98-22 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 :<-9 m (M. -u.. r 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 eny 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 98-22 6 7 8 9 10 11 12 1 2 6. UtiU.ty Deposits - Stat_ent:. Subctivider 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 corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the conn~ction of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at Subctivider's expense, obtain all necessary permits and licenses 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 Subctivider. 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, Subctivider 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 September 20, 1990 9?-22 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 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 egainst 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 98-,22 . 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/Empl.oyer's Liability 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 98~22 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Property D8IIIage 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 Liabili tv 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 . . 98-.22 . 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 ($1,000,000.00) 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'a:11. 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 AS/mgl[Subdivimp.Agr] 8 eptember.20, 1990 98-22' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 shall furnish City, concurrently with the execution hereof,with 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 23 24 reduction in coverage of any policy during the effective period of this Agreement. 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 98-22 1 2 l~ens, demands and cause of act~on of' every k~nd and characte 3 ~nclud~ng, but not l~m~ted to, the amounts of judgments, 4 penalt~es, ~nterests, court costs, attorney's/legal fees, and all 5 other expenses ~ncurred by the C~ty ar~s~ng ~n favor on an 6 party, ~nclud~ng 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 15 16 17 18 19 20 21 22 ~ 24 ~ 26 27 28 operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the BAS/mgl[Subdivimp.Agr] 10 September 20, 1990 98-22. 1 2 3 aforesa~d hold harmless agreement, because of the acceptance by C~ty, or the depos~t w~th C~ty by 4 Subdi v~der, or any of the ~nsurance pol~c~es descr~bed 5 ~n Paragraph 11 hereof. 6 (b) That the aforesa~d hold harmless agreement by 7 8 9 10 11 12 13 14 15 16 Subdiv~der shall apply to ell damages and claims for damages of every k~nd 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 Specificat~ons for the subd~vis~on, or regardless of whether or not such insurance pol~c~es shall have been determined to be applicable.. to any of such damages or claims for 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 ~n any way the Subdivider's/Developer's liability 20 but ~s intended solely to prov~de for indemnificat~on of the City 21 from liabil~ty for damage or ~njuries to third persons or 22 property arising from Subdiv~der/Developer's performance 23 ereunder. 24 14. '1'itle 1:0 b1pJ:uvements. T~tle to, and ownership of, 25 all improvements constructed hereunder by Subd~vider shall vest 26 absolutely in City, upon completion and acceptance of such 27 28 // by City. AS/mgl[Subdivimp.Agr] 11 eptember 20, 1990 98-22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 15. ReDa~r or Reconstruct~on of Defect~ve Work. If, within a period of one year after final acceptance of the work performed under this Agreement, any 'structure or Part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither SUbdivider nor 21 any of Subdivider's egents 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 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. 28 any construction. 17. Cost of Eng:lneeri.ng and Znspect1.on. Subdivider shall Said fees shall be paid prior to commencing AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 98-22' 1 2 18. Notice of Breach and Defauit. If Subdj,vj,der refuses 3 or faj,ls to obtaj,n prosecutj,on of the work, or any severable part 4 thereof, wj, th such dilj,gence as wj,11 j,nsure its completj,on within 5 the time specified, or any extensions thereof, or fails to obtain 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 credj,tors, 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 Agraeaent: 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 9!l-22. 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 10 11 12 13 14 15 16 17 18 19 20 21 (a) Notices required to be given to City shall be addressed as follows: City Administrator Ci ty Hall 300 North "D" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Belmont Heights, TJLC 1710 W. Arrow Hwy. #1 Upland, CA 91786 (c) Notices required to be given to surety of Subdivider shall be eddressed as follows: Intercargo Insurance Co. 1450 East American Lane, 20th Floor Schaumburg, Illinois 60173-5458 22 rovided that any party or the surety may change such address by 23 otice in writing to the other party, end, thereafter, notices 24 be addressed and transmitted to the new address. 25 21. Successors Bound. This Agreement shall be binding 26 and inure to the benefit of each of the parties and their 27 espective legal representatives, successors, heirs and assigns. 28 II AS/mgl[Subdivimp.Agr] 14 eptember 20, 1990 98-22 1 2 :IN W:ITNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 /0 , C" L '~LUU)lJ../t{k4C City Cl rk By: ~ ....~, 1JA..<.J!1,,,<.- Norine Mill~r,. ~~~ Pro Tern City of San Bernardino 6 7 8 Approved as to form and legal content: SUBDIVIDER: Belmont Heights, L.C.C. Northwaods Canst. Co. Inc. Its: Mana ing erating Partn r JAMES F. PENMAN, 9 City Attorney, 10 11 12 13 14 ~ .!~ By: By: mes :INSTRUCT:IONS 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. 22 notarized. The Agreement must be 23 24 STATE OF CALIFORNIA 25 COUNTY OF On this day of 26 me, the undersigned, a Notary 27 State, personally appeared 28 personally known to me (or proved to me on the basis of satisfactory evidence to be the President, and ) ) ss. ) ,19 ,before Public in and for said County and BAS/mgl[Subdivimp.Agr] 15 September 20, 1990 98-22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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. Notary Signature 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAS/mg1[Subdivimp.Agr] 16 September 20, 1990 (This area for official seal.) 98-22 On Q 0.. \c~/\}.A0d Title or type of Do1tent . 0 Number of Pages (> Date of Document I;:) - I ~ -'1 I , Sign~Other thaI) named be~ lA Cl. )CD \ I,;\J) ""^ ^ 1M j v\ C1 [L " () \M:E' '::> 1-, H?'" \k.C\ \/1 ~ (',f\t-"m. ~ flu '0\ l\. before me '\ " "-personally appeared STATE OF CALIFORNIA County o~. '" \~ ------ personally kn wn to me (or proved to me on the basis of satisfactory evidence) to be the person s whose name(s tS are subs ed to the within instrument and acknowledged to me t~/they executed the same 'n his er/their authorized cap city(ies), and that bv"thi'siher/their signature(s) on the ins'!tmnintthe person(s), or the entt upon behalf of which the erson(s) acted, exe~the instrument. "~"1 , , .1 \) ~-c;o, - UDOI (Rev. 4/94) .~~ , said County and State ~~ ~--.~- "~"j~ ------ Od~:i~'\; Mary Louise Mo-or~ r 0..,." ,C" Comm. #1122456 ~ ~.~:~:~,~.._~.).j'/I\'OTA.RY PUBLIC CAlIFO~"" 1\ ,,~~".;." RIVERSI ""~ 1- -",.,,;0/ Comm E DE COUNrv 0 ....... ~..... _ ;cp. Feb. 7, 2001 .. - - - , .....( - - r _ STATE OF CALIFORNIA Title or type of Document Number of Pages Date of Document Signer(s) Other than named below County of On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to 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 this/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Notary Public in and for said County and State (Seal) UDOI (Rev. 4/94)