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HomeMy WebLinkAbout1995-163 1 2 3 4 5 6 7 RESOLUTION NO. 95-163 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15573, LOCATED ON THE NORTH SIDE OF COULSTON, BETWEEN CURTIS AND ROSENA AVENUES, 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 COBMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council find that 8 proposed Subdivision Tract No. 15573, located on the north side 9 10 11 12 13 of Coulston, between Curtis and Rosena Avenues, 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 14 agreement adopted by Resolution No. 84-8 with DWIGHT YEOMAN, 15 16 17 18 19 20 21 for the improvements in said subdivision tracts 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 the City Engineer of the City of San Bernardino. SECTION 3: The Final Map of said subdivision tract is 22 hereby approved and the City of San Bernardino hereby accepts as 23 public property all dedications within the subdivision as shown 24 on said Final Map for streets, alleys, (including access rights), 25 drainage and other public easements. As a condition precedent to 26 approval of the Final Map, the Subdivider shall first execute the 27 agreement referenced in Section 2 hereof for the improvements 28 within said subdivision. The City Clerk shall certify the 5-10-95 .....1 95-163 RESO: AP~ROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15573 (NORTH SIDE OF COULSTON, BETWEEN CURTIS AND ROSENA) 1 approval and acceptance of the Mayor and Common Council as set 2 forth in this resolution. 3 SECTION 4. Recordation of the final map is contingent 4 upon the subdivider filing acceptable financial guarantee to 5 insure construction of the required public improvements, and 6 insurance certificate. 7 SECTION 5. This resolution is rescinded if the parties 8 to the agreement fail to execute it within sixty (60) days of the 9 passage of this resolution. 10 I I I I 11 IIII 12 I I I I 13 I I I I 14 IIII 15 I I I I 16 I I I I 17 I I I I 18 I I I I 19 I I I I 20 I I I I 21 I I I I 22 IIII 23 I I I I 24 I I I I 25 I I I I 26 I I I I 27 I I I I 28 I I I I - 2 - 95-163 RESO: APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15573 (NORTH SIDE OF COULSTON, BETWEEN CURTIS AND ROSENA) 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a 4 15th day of May 5 wit: 6 Council Members: 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM reqular meeting thereof, held on the , 1995, by the following vote, to- AYES NAYS ABSTAIN ABSENT x x x x x x 13 IHLLER x 14 15 16 17 18 19 20 21 22 ~ ~~r~lerk The foregoing resolution is hereby approved this /~ day of May , 1995. --;;;;~ )1~/ fwl I Tom Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman 23 City Attorney 24 25 26 27 28 - 3 - ..' ~ r 'i 95-163 .~ .' 1 2 3 AGREEMENT .. ( SubdL vision Xmprovements) 'l'IUS AGREBMBN'r is made and entered into as of th:1s 17th 4 day of May , 19-22-, by and between the CITY OF SAN 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as 6 "City", and f)lAij f"111t Y~:nFI,':1n , hereinafter 7 referred to as "Subdivider". 8 9 RECJ:'1'ALS A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") 11 entitled ~PTact j~! 15573 12 13 14 ; and, B. WHEREAS, the map has been filed with the City for 15 resentation to the City Council (hereinafter callelS "Council") 16 f the City for its approval, wh:1ch map is hereby referrelS to anci 17 corporatelS herein: anci, 18 c. 1IREREAS. SubdivilSer has requestelS approval of the map 19 rior to the construction anlS completion of improvements, 20 nClucing alJ. streets, h:1ghways or public ways and public utility 21 acilities which are a part of, or appurtenant to, the 22 ubdivision (hereinafter callelS .subdivision.) ISesignatelS in the 23 ap, all in accorlSance with, anlS as required by, the Plans anlS 24 pecifications for all or any of sailS improvements in, 25 ppurtenant to, or outside the limits of subdivision, wh:1ch Plans 26 nlS Specifications are now on file in the Office of the City gineer of the City: and, 27 28 AS/mgl [Subdivimp.Agr] 1 eptember 20, 1990 95-163 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 18 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 "rithin (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 Fued 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 I .95-163 ' 1 2 said City Engineer. 3 3. Work: ~i.e 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'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 wheT:ler or not 14 good cause has been shown to entitle Subdivider to &. 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 Chner 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 , "'1" 95-163 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 conn~ction of any and all public utilities to be supplied by 9 such public utility corporation within the Subdivision. 10 11 12 13 7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary 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 18 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 Subdivider. 21 9. Inspect'on 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%) I~AS/mgl[Subdivimp.Agr] 4 September 20, 1990 ~ 95-163 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 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 18 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 I , 95-163 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 22 23 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 95-163 1 2 3 4 5 6 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. 7 (b) Publ.ic Liabil.ity and Property Damage Insurance. 8 Subdivider shall take out and maintain, during. the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 cl.aims 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 foll.ows: (l.) Publ.ic Liabil.ity Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, incl.uding, but not limited to, death, to anyone person, and, subject to the same limit AS/mgl[Subdivimp.Agr] 7 eptember 20, 1990 95-163 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'&i1 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 proj ect. All AS/mgl[Subdivimp.Agr] B eptember.20, 1990 95-163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 subcontractors must and sha11 comp1y with the same insurance provisions as the contractor(s) and sUbdivider(s). (4) Persona1 Injury - Defined. As used herein, the term "persona1 injury" sha11 be defined as a hurt or damage to one's person inc1uding, without 1imitation, damage to hea1th, cuts, bruises, broken 1imbs and/or bones, or the 1ike, disabi1ities or impairments, inc1uding aggravation of existing injuries, on invasion of persona1 rights, inc1uding 1ibe1 or s1ander crimina1 conversation, ma1icious prosecution, fa1se imprisonment and menta1 suffering. 12. Evidence of Insurance. Subdivider and contractor 16 sha11 furnish City, concurrently with the execution hereof,with 17 satisfactory evidence of the insurance required, and evidence 18 hat City is named and endorsed on the p01icy as an additiona1 19 nsured. Subdivider and contractor sha11 a1so provide City with 20 vidence that each carrier wi11 be required to give City at 1east 21 en (10) days prior written notice of the cance11ation or 22 eduction in coverage of any po1icy during the effective periOd 23 this Agreement. 24 13. Hold Harm1ess/Indemnification. Subdivider(s)/ 25 eveloper(s) hereby agree to and sha11 protect, defend, indemnify 26 nd hold the City and its elective and appointive boards, 27 ommissions, officers, agents, employees and servants free and 28 arm1ess from any and all liability 10sses, damages, claims, AS/mg1[Subdivimp.Agr] 9 eptember 20, 1990 95-163 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 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 95-163 1 2 3 4 5 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. 6 (b) That the aforesaid hold harmless agreement by 7 8 9 10 11 12 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 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 his prevision is not intended to create any cause of action in 18 aver of any third party against Subdivider/Developer or the City 19 r to enlarge 1n any way the Subdiv1der's/Developer's liability 20 ut is intended solely to provide for indemnification of the City 21 rom liability for damage or injuries to third persons or 22 roperty arising from Subdivider/Developer's performance 23 ereunder. 24 14. '1'1tle to b1p%ovements. Title to, and ownership of, 25 11 improvements constructed hereunder by Subdivider shall vest I 26 bsolutely in City, upon completion and acceptance of such 27 revements by City. 28 // AS/mgl[Subd1v1mp.Agr] 11 eptember 20, 1990 95-163 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 11 City, repair or replace or reconstruct any defective or otherwise 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 determined by the City in the exercise of its sole discretion 14 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 repairs plus fifteen percent (15%). 19 20 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, 21 considered to be agents of City in connection with the 22 23 performance of Subdivider's obligations under this Agreement. 24 25 17. COst of Engineering and Inspection. Subdivider shall ay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard 26 27 28 o the subdivision. Said fees shall be paid prior to commencing ny construction. AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 95-163 1 2 3 or fails to obtain prosecution of the work, or any severable part 18. Notice of Breach and Defauit. If Subdivider refuses 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 AgreeIIIent: 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; prev1ded, however, that if the surety, wi thin 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[Subd1v1mp.Agr] 13 September 20, 1990 95-163 1 2 liability for so doing, may take possession of, and utilize in 3 completing the work, such materials, appliances, plant and other 4 5 6 roperty belonging to Subdivider as may be on the site of the and necessary therefor. 20. Notices. All notices herein required shall be in 7 riting, 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 11 12 13 addressed as follows: City Administrator Ci ty 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: 10444 Corporate Dr. Suite F Redlands, Ca 92374 18 (c) Notices required to be given to surety of Subdivider 19 shall be addressed as follows: 20 21 EDA Development Dept., City of San Bernardino 201 N. "E" St., Third Floor, San Bernardino, Ca 92401-15 7 22 revided that any party or the surety may change such address by 23 ot1ce in writing to the other party, and, thereafter, notices 24 hall be addressed and transmitted to the new address. 25 21. Successors Bound. This Agreement shall be binding 26 pon and inure to the benefit of each of the parties and their 27 espect1ve legal representatives, successors, heirs and assigns. 28 // AS/mgl[Subdiv1mp.Agr] 14 eptember 20, 1990 95-163 1 2 ZN WITNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO By: ~mfiIL~~.,,- TOM'MINOR, Mayor tity of San Bernardino : Ci~~J. 7 ~ Approved as to form and legal content: sUBDIyIrilR: , 8 JAMES F. PENMAN, 9 City Attorney, 10 By: 11 12 13 14 By: By: INSTRUCTIONS If the Subdivider is a corporation, the Agreement must be 15 16 17 18 19 executed in the corporate name and signed-by the President or a ice-President and the Secretary or Assistant Secretary, and the orporate seal affixed., If the Subdivider is a partnership, it ust be signed by all partners. If the Subdivider is an ndiv1dual doing business under a fictitious name, it must be igned by all persons having an interest in the business, and the 20 21 22 23 1ct1tious name must be signed also. otar1zed. The Agreement must be TATE OF CALIFORNIA ) ) SSe ) 24 25 On this day of 26 e, the undersigned, a Notary tate, personally appeared 27 UNTY OF ,19 ,before Public in and for said-c50unty and ersonally known to me (or proved to me on the basis of 28 atisfactory evidence to be the President, and AS/mgl[Subdiv1mp.Agr] 15 eptember 20, 1990 , 95-163 '. 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 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 AS/mgl[Subdiv1mp.Agr] eptember 20, 1990 16 (This area for official seal.) 95-163 STATE OF CALIFORNIA, COUNTY OF San Bernardino } S,S, On May 9. 1995 before me D. Mackey *********************** ***************************************' N t p' bl" d f 'd C ty d St t II ,a 0 ary u IC In an or sal oun an a e, persona y appeared Dwight yeoman-------------------------------------------------------------- -------------------------------------------------------------------------------------- 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/lhey executed the same in his/her/lheir authorized capacity(ies), and that by his/her/lheir 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 '" << (' ~/, / / STATE OF CALIFORNIA, COUNTY OF On 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/lhey executed the same in his/her/lheir authorized capacity(ies), and that by his/her/lheir 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 TE 160 Legal (2-94) FOR NOTARY SEAL OR STAMP } S,S, , before me, , a Notary Public in and for said County and State, personally FOR NOTARY SEAL OR STAMP This form is furnished by Chicago Title Company 1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS 2 CITY OF SAN BERNARDINO 3 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY, that the foregoing Resolution No. q5 -(Ic '3 is a full, true and correct copy of that now on file in this office. 4 5 IN WITNESS WHEREOF, th~ of the City , 1995. 6 affixed day of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .:PC\ I have hereunto set my hand and of San Bernardino this If Ii Q ~ UVi-l<!.- Rac~el Clark, City Clerk I )'; " e- ~ 1-. ,~