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HomeMy WebLinkAbout1995-358 1 RESOLUTION no. 95-358 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15642, LOCATED ON THE NORTH 3 SIDE OF KENDALL DRIVE AT NEW PINE AVENUE, ACCEPTING THE PUBLIC DEDICATIons AS SET FORTH ON SAID HAP; AND AUTHORIZING EXECUTION 4 OF THE STANDARD FORH OF AGREEHENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 5 6 7 8 9 10 11 12 BE IT RESOLVED BY THE MAYOR AND CmmON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Conmon Council find that proposed Subdivision Tract No. 15642, located on the north side of Kendall Drive, at New pine Avenue, together with the provisions for their design and inprovenents, is consistent with the General Plan of the City of San Bernardino. SECTIml 2. The Mayor of the City of San Bernardino is 13 authorized on behalf of said City to execute the standard forn of 14 agreement adopted by Resolution No. 84-8 with C.F.B. 15 INVESTl-lENTS, for the improvenents in said subdivision tracts as 16 are required by Title 19 of the San Bernardino Municipal Code and 17 the California Subdivision Map Act. The tine for performance is 18 specified at 24 months. Said improvements are specifically 19 described and shown on Drawings approved and on file in the 20 office of the City Engineer of the City of San Bernardino. 21 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 wi thin 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 improvenents 28 within said subdivision. The City Clerk shall certify the 9-27-95 , ~ I .... ..., " .~. ....,.r.. ", RESO: APPROVING FINAL }1AP FOR SUBDIVISIOn TRACT NO. 15642 (NORTH SIDE OF KENDALL DRIVE, AT NEW PINE AVENUE) 1 approval and acceptance of the Hayor and Connon 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 This resolution is rescinded if the parties 8 to the agreement fail to execute it within sixty (60) days of the 9 passage of this resolution. 10 I I I I 11 IIII 12 I I I I 13 I I I I 14 I I I I 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 IIII 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 - ~, RESO: APPROVING FINAL MAP FOR SUBDIVISION TP.ACT NO. 15642 (NORTH SIDE OF KENDALL DRIVE, AT NEW PINE AVENUE) 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor 2nd Counon Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 16th day of 5 wit: October , 1995, by the following vote, to- 6 Council Members: ABSTAIN ABSENT AYES NAYS 7 NEGRETE x 8 CURLIN x 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 !>iILLER 14 15 x x x x x 16 17 18 19 20 ~-/~'cl~cierk The foregoing resolution is hereby approved this !t1ii October , 1995. day of ~& ~' , -.; ~1. a-c. &"\.. I To~ Minor, Mayor Ci ty of San Bernardino 21 Approved as to form and legal content: 22 23 24 25 26 27 28 James F. Penman City Attorney BY~ (t. / - 3 - Si5--3se ' 1 2 3 AGREEMENT '. ( SubdL vision :Improvements) THIS AGREBMBNT is made and entered into as of th:1s 1 fit'J 4 day of rrrobPr , 19~, by and between the CITY OF SAN 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as 6 "City", and 7 referred to as "Subdivider". 1?ine & Conni~er, !J.!? , hereinafter 8 9 RECITALS A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") 11 entitled 7R-15642 12 13 . and, , 14 B. 1IIIEREAS , the map has been filed with the City for 15 resentation to the City Council (hereinafter called "Council") 16 f the C:1 ty for its approval, wh:1ch map is hereby referred to and 17 ncorporated herein: and, 18 c. IIIIEREAS, Subdivider has requested approval of the map 19 rior to the construction and completion of improvements, 20' luding all streets, h:1ghways or public ways and public utility 21 acilities which are a part of, or appurtenant to, the 22 bdivision (hereinafter called "subdivision") designated in the 23 ap, all in accordance with, and as required by, the Plans and 24 pecifications for all or any of said improvements in, 25 ppurtenant to, or outside the limits of subdivision, wh:1ch Plans 26 nd Specifications are now on file in the Office of the City gineer of the City; and, 27 28 jmgl[Subdivimp.Agr] eptember 20, 1990 1 -",;T. . { 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 19 20 21 22 23 24 25 26 27 28 all to tt,9 satisfaction of the City Engineer of City, improvements within (and/or without) the subdivision o complete the improvemen"ts in accordance with the Plans and pecifications on file as hereinbefore specified, or with any required or ordered by said Engineer which, in his are necessary or required to complete the work. 2. Work: Places and Oralies 1:0 be F.ized by Engineer. All said work is to be done at the places, of the materials, in he manner, and at the grades, all as shown upon the Plans and pecifications therefor, heretofore approved by City Engineer and in his office, and to the satisfaction of AS/mgl [Subdivimp.Agr] 2 eptember 20, 1990 ..r: 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 MJntl}s 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 al. extension. 15 5. Repairs and Repl.acements. Subdivider shall replace, or 16 have repl.aced, or repair, or have repaired, as the case may be, 17 al.1 pipes and monuments shown on the map which have been 18 destroyed or damaged, and Subdivider shal.l. repl.ace, or have 19 repl.aced, 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 al.l. 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 Cal.ifornia, or any agency pol.itica1 subdivision thereof, or by the City, or by any 24 25 26 27 28 ublic or private corporation, or by any person whomsoever, or by of such owners. Any such repair or replacement hal.l. be to the satisfaction, and subject to the approval, of the ity Engineer. AS/mgl[Subdivimp.Agr] 3 eptember 20, 1990 :;"',,~~ t: ;.'>~) 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 7. Permits: Compliance with Law. Subdivider shall, at '11 Subdivider's expense, obtain all necessary permits and licenses 12 for the construction of such improvements, give all necessary 13 notices and pay all fees and taxes required by law. Subdivider 14 shall comply with all provisions of the Subdivision Map Act and 15 Title 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. Subdivider shall at all times Inspection by City. 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%) AS/mgl[Subdivimp.Agr] 4 September 20, 1990 n- . ~ t 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 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 a~ts 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 c,-edit 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. II AS/mgl[Subdivimp.Agr] 5 eptember 20, 1990 fJ, < 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 arrier, nor shall Subdivider allow any contractor or ubcontractor to commence work on his contract or subcontract ntil all similar insurance required of the contractor or ubcontractor shall have been so obtained and approved. All equirements herein provided shall appear either in the body of he insurance pOlicies or as endorsements and shall specifically ind the insurance carrier. (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, ~~ case any work is sublet, Subdivider shall require ar", contractor or subcontractor similarly to provi:" 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 ASjmgl[Subdivimp.Agr] 6 eptember 20, 1990 / (l ,- . 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 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 ASjmgl[Subdivimp.Agr] 7 eptember 20, 1990 ,....\" 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 1ess than One Mi11ion Do11ars ($1,000,000.00) on account of any one occurrence; Product Liabi1ity Insurance coverage shou1d be part of the Public Liability Insurance; (2) Property Damage Insurance. In an amount not less than One Mi11ion Do11ars ($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 po1icies provided for in this Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy sha1l contain a standard form of cross-1iabi1ity 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, a1beit for pub1ic 1iabi1ity or property damage, sha11 be written, if possib1e, on an "occurrence" form rather than a "c1aims made" po1icy. If the insurance po1icy .is written on a "c1aims made" po1icy, then additional coverage, entit1ed "tail coverage" must be purchased to cover a period of one (1) year from completion of the project. All AS/mg1[Subdivimp.Agr] 8 eptember.20, 1990 ~. -. . . 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. Ev~dence 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 ~eduction in coverage of any policy during the effective period 23 pf this Agreement. 24 13. Hold Harmless/Indemn~f~cation. SUbdivider(s)/ 25 Developer(s) hereby agree to and shall protect, defend, indemnify 26 Bnd hold the City and its elective and appointive boards, 27 commissions, officers, agents, employees and servants free and 28 narmless from any and all liability losses, damages, claims, aAS/mgl[Subdivimp.Agr] 9 ~eptember 20, 1990 " 1 2 liens, demands and cause of action of' every kind and character 3 including, but not limited to, the amounts of judgments, 4 penalties, interests, court costs, attorney's/legal fees, and all 5 other expenses incurred by the City arising in favor on 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 20 21 22 23 24 25 26 27 28 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 "? r- >.'" ".~ 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 Subdivider shall apply to all damages and claims for 8 9 10 11 12 13 14 15 16 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 andlor 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. 17 s provision is not intendecS to create any cause of action in 18 avor of any third party against Subdivider/Developer or the City 19 r to enlarge in any way the Subdivider'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'it:le t:o lJDpJ;ovtilant:s. Title t:o, and ownership of, 25. 11 improvements constructed hereunder by Subdivider shall vest 26 bsolutely in City, upon completion and acceptance of such 27 mprovements by City. 28 // AS/mgl[Subdivimp.Agr] 11 eptember 20, 1990 -. 1 2 3 4 5 15. Repa~r or Reconstruct~on of Defect~ve Work. If, w~th~n a per~od 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 6 be installed or constructed by Subdivider, or any of the work 7 8 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 9 10 11 12 13 City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fa~l to act promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exerc~se of its sole discretion 14 require repa~r, replacement or reconstruction before the 15 Subdivider can be not~fied, City may, at ~ts opt~on, make the 16 necessary repairs or replacements or perform the necessary work, 17 and Subdivider shall pay to the City the actual cost of such 18 repa~rs plus f~fteen percent (15%). 19 20 16. Subdi.v~der Not Agent of C~ty. Neither Subdiv~der nor any of Subdivider's agents or contractors are, or shall be, 21 considered to be agents of C~ty ~n connection with the 22 performance of Subdivider's obligations under this Agreement. 23 17. Cost of Engmeermg and Inspect~on. Subdivider shall 24 pay to C~ty the costs of all perm~t fees for all engineering 25 ~nspections and other services connected with the City in regard 26 27 28 o the subdivision. Sa~d fees shall be paid prior to commencing ny construction. AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 (j,/, ~,_.") < -. #' 1 2 18. Notice of Breach and Defauit. If Subdivider refuses 3 or fails to obtain prosecution of the work, or any severable part 4 thereof, with such diligence as will insure its completion within 5 the time specified, or any extensions thereof, or fails to obtain 6 completion of said work within such time, or if the Subdivider 7 should be adjudged a bankrupt, or Subdivider should make a 8 general assignment for the benefit of Subdivider's creditors, or 9 if a receiver should be appointed in the event of Subdivider's 10 insolvency, or if Subdivider, or any of Subdivider's contractors, 11 subcontractors, agents or employees, should violate any of the 12 provisions of this Agreement, City Engineer or City Council may 13 serve written notice upon Subdivider and Subdivider's surety of 14 breach of this Agreement, or of any portion thereof, and default 15 of Subdivider. 16 19. Breach of Agreement: Performance by Surety or City. 17 In the event of any such notice, Subdivider's surety shall have 18 the duty to take over and complete the work and the improvement 19 herein specified: provided, however, that if the surety, within 20 five days after the serving upon of such notice of breach, does 21 not give City written notice of its intention to take over the 22 performance of the contract, and does not commence performance 23 thereof within five days after notice to City of such election, 24 City may take over the work and prosecute the same to completion, 25 by contract or by any other method City may deem advisable, for 26 the account and at the expense of Subdivider, and Subdivider's 27 surety shall be liable to City for any excess cost or damages 28 occasioned City thereby: and, in such event, City, without BAS/mgl[Subdivimp.Agr] 13 September 20, 1990 1 2 liability for so doing, may take possession of, and utilize in 3 completing the work, such materials, appliances, plant and other roperty belonging to Subdivider as may be on the site of the 4 5 6 7 8 and necessary therefor. 20. Notices. All notices herein required shall be in riting, and delivered in person or sent by registered mail, ostage prepaid. 9 (a) Notices required to be given to City shall be 10 addressed as follows: 11 12 13 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: Pine & Conni::er, :rJ.P. 12265 Ebrld Trade Drive, Suite !I, San Dieqo, CA 92128 18 (c) Notices required to be given to surety of Subdivider 19 20 21 shall be addressed as follows: Insco-Dico 2210 /:1eyers Ave., Ste. 3l, Esconc'liC!o, CA 92029 22 rovided that any party or the surety may change such address by 23 otice in writing to the other party, and, thereafter, notices 24 hall be addressed and transmitted to the new address. 25 26 21. Successors Bound. This Agreement shall be binding pen and inure to the benefit of each of the parties and their 27 espective legal representatives, successors, heirs and assigns. 28 /1 AS/mgl[Subdivimp.Agr] 14 eptember 20, 1990 :1/ .-^P: -. ~-::' 1 2 IN WITNESS WHEREOF, the parties hereto have executed this 4 ATTEST: 5 6Ci~ ~ . '" ,-/ BYY--;~~ I u.'kJ~ TOM INOR, Mayor City of San Bernardino Approved as to form 7 and legal content: 8 JAMES F. PENMAN, 9 City Attorney, SUBDIVIDER: Eine & Con.nifer, !...r ~ P ~ By: By: 10 By: 11 12 13 14 15 16 17 18 19 INSTRUCTIONS If the Subdivider is a corporation, the Agreement must be 21 The Agreement must be 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 ndividual doing business under a fictitious name, it must be 20 igned by all persons having an interest in the business, and the ictitious name must be signed also. otarized. 22 23 24 25 26 27 TATE OF CALIFORNIA ) ) ss. ) OUNTY OF ~n ni j::I('T() On this 1 &;+-11 day of e, the undersigned, a Notary tate, personally appeared n-,!-()hPr , 19~, before Public in and for said County and nr.lV;rJ R t\l;ll;~ ersonally known to me (or proved to me on the basis of 28 atisfactory evidence to be the President, and AS/mgl[Subdivimp.Agr] 15 eptember 20, 1990 "'.>,.... ,~. , 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 personally known to me (or proved to me on the basis of satisfactory evidence) to be the President 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. WIT my and a 0 AS/mgl[Subdivimp.Agr] 16 eptember 20, 1990 . k,?"::-""::.'>'. SU::''.~~G..THOMPs,O~JI. ( (. \ ,\\ I ",~., # 1~<'587 :< '';; : ...-.,l'("-\:\ ,__'..!.".... 'J~ ~ Z ~"-'lJ::' .-lh~.~;'-, :..:_-;~'::~i: i\:t"i!C - Cal:fornla _~ ;;~ \~'~':/'li'/ ~.~,t'~ Dlt;r;O COUNTY ' L~~~ MV r".:OfT.ri1. ,-.x.,Piras OCT 11. 1~7 (This area for official seal.)