HomeMy WebLinkAbout1996-357
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96-357
RESOLUTION NO.
RESOLUTIOU OF THE CITY OF SAN BERNARDIUO APPROVIllG THE
FIllA:::" MAP FOR SUBDIVISION Tfu".CT NO. 15652, LOCATED ON TIlE SOUTH
SIDE OF MILL STREET AT TIll:; NORTHEAST CORNER OF ESPERANZA STREET
AND DALLAS AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AnD AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMEUT FOR THE IMPROVEMENTS HI SAID SUBDIVISIOlJ, HITH THIE FOR
PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COK1I10N COUNCIL OF THE
CITY OF SAN BERNARDIUO AS FOLLOWS:
SECTION 1,
The Mayor and Co~on Council find that
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i~provements, 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 forn of
Bernardino rlunicipal Code and the California Subdivision Map Act.
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The time for performance lS specified at 24 nonths.
Said
improvements are specifically described and shown on Drawings
approved and on file in the office of the City Engineer 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 to
10--31-96
RESO: APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15652,
(SOUTH SIDE OF HILL STREET AT ,THE NORTHEAST CORNER OF
ESPERANZA STREET AND DALLAS AVENUE)
1 approval of the Final ~1ap, the Subdivider shall first execute the
2 agreement referenced in Section 2 hereof for the improvements
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within said subdivision. The City Clerk shall certify the
approval and acceptance of the Mayor and Common 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 This resolution is rescinded if the parties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.
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RESO: . APPROVING FINAL HAP FOR SUBDIVISIOll TRACT NO. 15652
(SOUTH SIDE OF fULL STREET AT THE NORTHEAST CORNER OF
ESPERANZA STREET AND DALLAS AVENUE)
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Comnon Council of the City of San
Bernardino at ajoint regular
neeting thereof, held on the
4 18th day of
5 wit:
November
, 1996, by the following vote, to-
6 Council Members:
ABSTAIN
ABSENT
AYES
NAYS
7 NEGRETE
8 CURLIN
x
x
9 ARIAS
10 OBERHEU1AN
11 DEVLIN
12 ANDERSON
13 HILLER
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x
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x
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The foregoing resolution is
~~~L
Rac el Clark, City Clerk
hereby approved t:his dOfl.-.
November
, 1996.
day of
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~/ ----.
. /en/lM~
/ Ton Minor, Mayor
Ci ty of San Bern,}rdi:no
21 Approved as to form
and legal content:
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James F. Penman
23 City Attorney
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By
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AGREEMENT
(Subdivision Improvements)
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made and entered into as of this
THIS AGREEMENT is
j Uw,;d Q/1/
, 19_Qh_, by and between the CITY OF SAN
day of
BERNARDINO, a Municipal Corporation, hereinafter referred to as
"City", and YOUNG HOMES, a California General Partnership
hereinafter referred to as "Subdivider".
RECITALS
A. WHEREAS, Subdivider has presented to city for approval a
final subdivision map (hereinafter called "map" entitled
TRACT NO. 15652
and,
B.
WHEREAS, the map has been filed with the city for
15 presentation to the City council (hereinafter called "Council") of
16 the city for its approval, which map is hereby referred to and
17 incorporated herein; and,
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c.
WHEREAS, Subdivider has requested approval of the map
prior to the construction and completion of improvements, including
all streets, highways or public ways and public utility facilities.
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which are a part of, or appurtenant to, the subdlvlslon
(hereinafter called "subdivision") designated in the map, all in
accordance with, and as required by, the Plans and Specifications
for all or any of said improvements in, appurtenant to, or outside
the limits of subdivision, which Plans and Specifications are now
on file in the Office of the city Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the
dedications therein offered, or some thereof, on condition that
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Subdivider first enter into and execute this Agreement with the
city; and,
E. WHEREAS, This Agreement is executed pursuant to the
provisions of the Subdivision Map Act of the State of California
and Title 19 San Bernardino Municipal Code.
NOW THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications, or some thereof,
therein offered and in order to insure satisfactory performance by
Subdivider of Subdivider's obligations under said Subdivision Map
Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or
cause to be done and performed, at Subdivider's own expense, in a
good and workmanlike manner, and furnish all required materials,
all to the satisfaction of the city Engineer of City, the work and
improvements within (and/or without) the subdivision to complete
the improvements in accordance with the Plans and Specifications on
file as hereinbefore specified, or with any changes required or
ordered by said Engineer which, in his opinion, are necessary or
required to complete the work.
2. Work: Places and Grades to be Fixed bv Enqineer. All of
said work is to be done at the places, of the materials, in the
manner, and at the grades, all as shown upon the Plans and
Specifications therefor, heretofore approved by city Engineer and
which are now on file in his office, and to the satisfaction of
said City Engineer.
3. Work: Time for Commencement and Performance. city
hereby fixes the time for the completion of said work to be within
24 MONTHS from the date hereof.
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1 4. Time of Essence - Extension. Time is of the essence in
2 this Agreement; provided that, in the event good cause is shown
3 therefor, the city Engineer may extend the time for completion of
4 the improvements hereunder. Any such extension may be granted
5 without notice to the Subdivider's surety, and extensions so
6 granted shall not relieve the surety's liability on the bond to
7 secure the faithful performance of this Agreement. The City
8 Engineer shall be the sole and final judge as to whether or not
9 good cause has been shown to entitle Subdivider to an extension.
10 5. Repairs and Replacement. Subdivider shall replace, or
11 have replaced, or repair, or have repaired, as the case may be, all
12 pipes and monuments shown on the map which have been destroyed or
13 damaged, and Subdivider shall replace, or have replaced, repair, or
14 have repaired, as the case may be, or pay to the owner the entire
15 cost of replacement or repairs, of any and all property damaged or
16 destroyed by reason of any work done hereunder, whether such
17 property be owned by the united States, or any agency thereof, or
18 the state of California, or any agency or political subdivision
19 thereof, or by the City, or by any public or private corporation,
20 or by any person whomsoever, or by any combination of such owners.
21 Any such repair or replacement shall be to the satisfaction, and
22 subject to the approval, of the city Engineer.
23 6. utility Deposits - statement. Subdivider shall file with
24 the City Clerk, prior to the commencement of any work to be
25 performed within the area delineated on the map, a written
26 statement signed by Subdivider, and each public utility corporation
27 involved, to the effect that Subdivider has made all deposits
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egally required by such public utilities to be supplied by such
ublic utility corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at
ubdivider's expense, obtain all necessary permits and licenses for
he construction of such improvements, give all necessary notices
pay all fees and taxes required by law. Subdivider shall
omply with all provisions of the Subdivision Map Act and Title 19
Bernardino Munici al Code.
8. Superintendence bY Subdivider . Subdivider shall give
superintendence to the work on said improvement, or have
a competent foreman or superintendent, satisfactory to the City
ngineer on the work at all times during progress, with authority
o act for Subdivider.
9. Inspection bY city. Subdivider shall at all times
aintain proper facilities and provide safe access for inspection
y City to all parts of the work and to the shops wherein the work
is in preparation.
10. Contract Security. Concurrently with the execution
ereof, Subdivider shall furnish to City improvement security a~
follows:
a. An amount equal to at lease one hundred percent (100%) 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
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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.
11. Subdivider's Insurance. Subdivider shall not commence
under this Agreement until Subdivider shall have obtained all
21 insurance required under this paragraph, and such insurance shall
22 have been approved by city Attorney as to form amount and carrier,
23 nor shall Subdivider allow any contractor or subcontractor to
24 commence work on his contract or subcontract until all similar
25 insurance required of the contractor or subcontractor shall have
26 been so obtained and approved. All requirements herein provided
27 shall appear either in the body of the insurance policies or as
28 endorsements and shall specifically bind the insurance carrier.
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a.
Worker's Compensation Insurance/Emplover's Liabilitv
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
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.
Public Liabilitv and Property Damaqe 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 wok covered by this Agreement from claims for
damages for personal inj ury , (as defined hereunder),
including death, as well as from claims for property
b.
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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 Liabi1itv Insurance. In an amount no 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 for
each person, in an amount not less than One Million
Dollars ($1,000,000.00) on account of anyone
occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Procertv Damaae 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 any
one 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
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contractor or subcontractor performing work covered by
this Agreement.
(3) Tail Coveraqe. Insurance coverage, albei t 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 subcontractors must
and shall comply with the same insurance provisions
as the contractor(s) and subdivider(s).
(4) Personal In;urv - 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 that
City is named and endorsed on the policy as an additional insured.
Subdivider and contactor shall also provide city with evidence that
each carrier will be required to give city at least ten (10) days
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1 prior written notice of the cancellation or reduction in coverage
2 of any policy during the effective period of this Agreement.
3 13. H 0 1 d H arm 1 e s s I I n d em n i fie at ion.
4 Subdivider(s)/Developer(s) hereby agree to and shall protect,
5 defend, indemnify and hold the city and its elective and appointive
6 boards, commissions, officers, agents, employees and servants free
7 and harmless from any and all liability losses, damages, claims,
8 liens, demands and cause of action of every kind and character
9 including, but not limited to, the amounts of judgments, penalties,
10 interests, court costs, attorney's/legal fees, and all other
11 expenses incurred by the City arising in favor on any party,
12 including claims, liens, debts, demands for lost wages or
13 compensation, personal injuries, including employees of the city,
14 death or damages to property (including property of the City) and
15 without limitation by enumeration, all other claims or demands of
16 every character occurring or in any way incident to, in connection
17 with or arising directly or indirectly, (including from the
18 negligent performance by its officers, employees, agents) from the
19 terms of this Agreement, whether such operations/ incidents are
20 caused by contractor, Subdivider or any of contractor/ Subdivider's
21 subcontractors, contractors or by anyone or more persons directly
22 or indirectly employed by or acting as agent for contractor,
23 Subdivider, or anyone of contractor or Subdivider's contractors or
24 subcontractors. Subdivider/Developer shall investigate, handle,
25 respond to, provide defense for and defend any such claims, demand,
26 or suit at the sole expense of the Subdivider/Developer even if the
27 claim or claims alleged are groundless, false or fraudulent.
28 Subdivider agrees to, and shall, defend City, its appointive
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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
aforesaid 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 applicable to any of such damages or
claims for damages.
This provision is not intended to create any cause of action in
favor of any third party against SUbdivider/Developer or the city
or to enlarge in any way the Subdivider's/Developer's liability,
but is intended solely to provide for indemnification of the City
from liability for damage or injuries to third persons or property
arising from Subdivider's/Developer's performance hereunder.
14. Title to Improvements. Title to, and ownership of, all
improvements constructed hereunder by Subdivider shall vest
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1 absolutely in City, upon completion and acceptance of
2 improvements by city.
3 15. Repair or Reconstruction of Defective Work. If, withi
4 a period of one year after final acceptance of the work
5 under this Agreement, any structure or part of any structur
6 furnished and/or installed or constructed, or
7 installed or constructed by Subdivider, or any of the work don
8 under this Agreement, fails to fulfill any of the requirements 0
9 this Agreement or the Specifications referred to herein, Subdivide
10 shall, without delay and without any cost to City,
11 replace or reconstruct any defective or otherwise unsatisfactor
12 part or parts of the work or structure. Should Subdivider fail t
13 act promptly or in accordance with this requirement, or should
14 exigencies of the situation as determined by the City in
15 exercise of its sole discretion require repair, replacement 0
16 reconstruction before the Subdivider can be notified, City may, a
17 its option, make the necessary repairs or replacements or perfo
18 the necessary work, and Subdivider shall pay to the City the actua
19 cost of such repairs plus fifteen percent (15%).
20 16. Subdivider Not Aqent of city. Neither Subdivider
21 of Subdivider's agents or contractors are, or shall be, considere
22 to be agents of city in connection with the performance
23 Subdivider's obligations under this Agreement.
24 17. Cost of Enqineerinq and Inspection. Subdivider
25 to city the costs of all permit fees for all engineer in
26 inspections and other services connected with the city in regard t
27 the subdivision. Said fees shall be paid prior to commencing an
28 construction.
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1 18. Notice of Breach and Default. If Subdivider refuses or
2 fails to obtain prosecution of the work, or any severable part
3 thereof, with such diligence as will insure its completion within
4 the time specified, or any extensions thereof, or fails to obtain
5 completion of said work within such time, or if the Subdivider
6 should be adjudged a bankrupt, or Subdivider should make a general
7 assignment for the benefit of Subdivider's contractors,
8 subcontractors, agents or employees, should violate any of the
9 provisions of this Agreement, City Engineer or City Council may
10 serve written notice upon Subdivider and Subdivider's surety of
11 breach of this Agreement, or of any portion thereof, and default of
12 Subdivider.
13 19. Breach of Aqreement: Performance bY Surety or City. In
14 the event of any such notice, Subdivider's surety shall have the
15 duty to take over and complete the work and the improvement herein
16 specified; provided, however, that if the surety, within five days
17 after the serving upon of such notice of breach, does not give city
18 written notice of its intention to take over the performance of the
19 contract, and does not commence performance thereof within five
20 days after notice to City of such election, City may take over the
21 work and prosecute the same to completion, by contract or by any
22 other method City may deem advisable, for the account and at the
23 expense of Subdivider, and Subdivider's surety shall be liable to
24 City for any excess cost of damages occasioned city thereby; and,
25 in such event, city, without liability for so doing, may take
26 possession of, and utilize in completing the work, such materials,
27 appliances, plant and other property belonging to Subdivider as may
28 be on the site of the work and necessary therefor.
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20. Notices. All notices herein shall be in writing, ane
delivered in person or sent by registered mail, postage prepaid.
a.
Notices required to be given to City shall be addressee
as follows:
City Administrator
City Hall
300 North 'D' street
San Bernardino, California 92418
b.
Notices required to be given to Subdivider shall b
addressed as follows:
10370 COMMERCE CENTER DR. #210
RANCHO CUCAMONGA, CA 91730
c.
Notices required to be given to Subdivider shall bE
addressed as follows:
INSCOIDICO - 17780 FITCH
IRVINE, CA 92714
Provided that any party or the surety may change such address b~
notice in writing to the other party, and, thereafter, notice!
shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upor
and inure to the benefit of each of the parties and thei>
respective legal representatives, successors, heirs and assigns.
IIII
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 greement on the day and year first above written.
3 TTEST:
CITY OF SAN BERNARDINO
~-;:)L "
By: / tm{ lJuUJ"-.-
T6m Minor, Mayor
City of San Bernardino
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/;, ;, L,
/ ~C-/
Approved as to form
7 and legal content:
8 JAMES F. PENMAN,
city Attorney
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II .. jJ
10 By: tel '}?VI"" J- - J ~~
11 ()
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By:
By:
INSTRUCTIONS
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If the Subdivider is a corporation, the Agreement must be
executed in the corporate name and signed by the President or a
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Vice-President and the Secretary of Assistant Secretary, and the
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corporate seal affixed.
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If the Subdivider is a partnership, it
must be signed by all partners.
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If the Subdivider is an individual
doing business under a fictitious name, it must be signed by all
persons having an interest in the business, and the fictitious name
must be signed also.
The Agreement must be notarized.
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No, 5907
State of ['j)),;,FIJIl/V/;e}
County ofS-1A1 gL'./?JV~1? j)/I}/(J
On IIJIJ//l/JJAc/'f d5 before me,
DATE
, , - '... 'jC r'
y/,;ftF/h~# 0~E /f,;!-//V6'
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared VO#1l/ fi. YtJ{J/2/G d. /'AfYWEJ, /tI. 'tt!tJIYC
NAME(S) OF 81 ER(S)
Gd1>ersonally known to me - OR - D 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 ac-
knowledged 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),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
1- . .. - ~u~~ - ~ I
1- ~ :;:i~~~
.. bl~~~Cou"IIy t-
_ _ _ _Mt~4~~~'~_
WITNESS my hand and official seal.
~~ ~k~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASQN(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONAl NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184