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HomeMy WebLinkAbout1995-429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-429 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14565 LOCATED OU THE VlEST SIDE OF BOULDER AVENUE, APPROXIIiJATELY 290 FEET SOUTH OF THE CENTER LINE OF ATLANTIC AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORr-l OF AGREEMEUT FOR THE U1PROVEMENTS IN SAID SUBDIVISION, ~lITH TIME FOR PERFORl'lANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Hayor and Common Council find that proposed Subdivision Tract No. 14565, located on the west side of Boulder Avenue, approximately 290 feet south of the center line of Atlantic Avenue, together with the provisions for their design and i@provements, is consistent with the General Pla~ 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 Resolution No. 84-8 with PACIFICA adopted by agreement VICTORIA GROVE VENTURE, L.L.C., a California Limited Liability Company, for the improvements in said subdivision tracts as are required bv 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 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 11-16-95 /1- iI I /"- . ..j "., ___ i RESO, APPROVIHG FINAL MAP FOR SUBDIVISION TRACT NO. 14565 {WEST SIDE OF BOULDER AVENUE, SOUTH OF ATLANTIC AVEHUE) 1 approval of the Final Map, the Subdivider shall ~irst execute the 2 agreement referenced in Section 2 hereof for the improvements 3 within said subdivision. The City Clerk shall certify the 4 approval and acceptance of the Mayor and COl'lIllon Council as set 5 forth in this resolution. 6 SECTION 4. Recordation of the final map is contingent 7 upon the subdivider filing acceptable ~inancial guarantee to 8 insure construction of the required public improvements, and 9 insurance certificate. 10 SECTION 5. This resolution is rescinded if the parties 11 to the agreenent fail to execute it within sixty (60) days of the 12 passage of this resolution. 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 I I I I 23 I I I I 24 I I I I 25 IIII 26 I I I I 27 I I I I 28 I I I I - 2 - n._ ',/ /' l~,' 1../ .,~ RESO:, APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 14565 .(WEST SIDE OF BOULDER AVENUE, SOUTH -OF ATLANTIC AVENUE) 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and COITMon Council of the City of San 3 Bernardino at a regular .nepting then,of, held on the 4 20th day of December , 1995, by the following vote, to- 5 wit: 6 Council MeMbers: -- 7 NEGRETE 8 CURLIn AYES ABSTAIN ABSENT NAYS x x 9 HERNANDEZ 10 OBERHELHAN x x 11 DEVLIN x 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x x ~~,~~ The foregoing resolution is herpby approved this ;70~ day of _ , 1995. December -;~~14~ / T m Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney I-.~ - 3 - ?- - , -:. 95-429 1 AGREEMENT '. 2 ( Subtti. vision :Improvements) 3 THIS ~ is made and entered into as of this ~lst 4 day of , 19..22....-, by and between the CITY OF SAN December , . 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as PACIFICA VICTORIA GROVE VENTURE, LLC, 6 .Cit:y", and R r.::.liforniR lirnirp.n liRhilirv r:.OIDnanv , hereinafter 7 referred to as "Subdivider". 8 RECITALS 9 A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") 11 entitled VICTORIA GROVE, TRACT 14565 12 13 14 : and, B. 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. IIBEREAS, 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 map, 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 Engineer of the City: and, 28 BAS/mgl[Subdivimp.Agr] 1 September 20, 1990 ? '''':;-1' ? ~ 1 2 D. WHEREAS, Counci1 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 improvements "ithin (and/or without) the subdivision 20 to complete the improvements in eccordance 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 'to be Fized 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 q /.,': Lh ./i . '1'"". 1 2 said City Engineer. 3 3. Work: '1'ime for CODIIDencement and Performance. City 4 hereby fixes the time for the completion of said work to be 5 wi thin Twenty Four (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 entit1e Subdivider to m. 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 rep1acement 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 r: it "..} -' t 10'"('/ 1 2 6. Ut~l~ty Depos~ts - statement. Subdivider shall file 3 with the City Clerk, prior to the commencement of any work to be 4 performed w~thin the area delineated on the map, a written 5 statement signed by Subdivider, and each public ut~lity 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 I 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 Subdiv~sion Map Act and 15 Title 18 San Bernardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall give 16 17 personal superintendence to the work on said improvement, or have 18 19 20 a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 21 9. Subdivider shall at all times Inspect~on 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. 10. Contract Security. Concurrently with the execution 25 26 hereof, Subdivider shall furnish to City improvement security as 27 follows: 28 (a) An amount equal to at least one hundred percent (100%) BAS/mg1[Subdivimp.Agr] 4 September 20, 1990 () J~'_ ~ /-- .? ....r- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, inc1uding reasonab1e 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/mg1[Subdivimp.Agr] 5 September 20, 1990 f)r; ~!/, J '.....- , 1 2 11. Subdivider's Insurance. Subaivider 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, 7 nor shall Subdivider allow any contractor or 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 13 bind the insurance carrier. (a) Workers Compensation Insurance/Employer'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 AS/mg1[Subdivimp.Agr) 6 eptember 20, 1990 ~ '. II' '>> 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) Public Liability and Property Damage Insurance. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subdivider shall take out and maintain, during the life of this Agreement, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit AS/mgl[Subdivimp.Agr] 7 eptember 20, 1990 r;f. - "/'.7 -. 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) Tai1 Coverage. Insurance coverage, albeit for publiC liabi1ity or property damage, sha1l 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 , ' , ' j ') ~./;,) " I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider(s). (4) Personal Injury - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, on invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor 16 shall furnish City, concurrently with the execution hereof,with 17 satisfactory evidence of the insurance required, and evidence 18 that City is named and endorsed on the policy as an additional 19 insured. Subdivider and contractor shall also provide City with 20 vidence that each carrier will be required to give City at least 21 22 23 24 days prior written notice of the cancellation or in coverage of any policy during the effective period this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/ 25 eve1oper(s) hereby agree to and shall protect, defend, indemnify 26 nd hold the City and its elective and appointive boards, 27 ommissions, officers, agents, employees and servants free and 28 armless from any and all liability losses, damages, claims, AS/mg1[Subdivimp.Agr] 9 eptember 20, 1990 1)--'-1) c1 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/lega1 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 cla:l.ms, 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 fl. - ./' ./~ ./ r~':....,i.'< 1 2 aforesaid hold harmless agreement, because of the 3 acceptance by City, or the deposit with City by 4 Subdivider, or any of the insurance pOlicies described 5 in Paragraph 11 hereof. 6 (b) That the aforesaid hold harmless agreement by 7 Subdivider shall apply to all damages and claims for 8 damages of every kind suffered, or alleged to have 9 been suffered, by reason of any of the aforesaid 10 operations referred to in this paragraph, regardless 11 of whether or not City has prepared, supplied or 12 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 rbis provision 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 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'itle to :lIIIprov....ents. Title to, and ownership of, 25 11 improvements constructed hereunder by Subdivider shall vest 26 bso1utely in City, upon completion and acceptance of such 27 f-mProvements by City. 28 // AS/mgl[Subdivimp.Agr] 11 eptember 20, 1990 rl7-f(y:J 1 2 3 1.5. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or part of any 4 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, 8 fails to fulfill any of the requirements of this Agreement or the Specifications referred to 9 herein, Subdivider shall, without delay and without any cost to 10 City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. 11 Should Subdivider fail to act promptly or in accordance with this 12 requirement, or should the exigencies of the situation as 13 determined by the City in the exercise of its sole discretion 14 15 16 17 18 19 20 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 (15t). 1.6. 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 24 25 26 27 performance of Subdivider's obligations under this Agreement. 1.7. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 28 AS/mg1[Subdivimp.Agr] 12 September 20, 1990 ,L 1/ ,..-, 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 AgreeIBent: 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/mg1[Subdivimp.Agr] 13 September 20, 1990 , , /f '(J . ~ 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 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: PACIFICA VICTORIA GROVE VENTURE c/o PACIFICA DEVELOPMENT, INC. 3090 Pullman Costa Mesa, CA . 92626 18 (c) Notices required to be given to surety of Subdivider 19 20 21 22 rovided that any party or the surety may change such address by shall be addressed as follows: 23 otice in writing to the other party, and, thereafter, notices be addressed and transmitted to the new address. 24 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/mg1[Subdivimp.Agr] 14 eptember 20, 1990 rj.~ " ~ If ,I / 1 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 ATTEST: 5 f~ J.. 6 Ci ty~~~~lU:~ Approved as to form 7 and legal content: u J-!, ".{t--t' r,- CITY OF SAN BERNARDINO By:---;;:~/k{~ 1'OM MINOR, Mayor City of San Bernardino 10 By: 11 12 13 14 15 If the Subdivider is a corporation, SUBDIVIDER: PACIFICA VlcroRIA GROVE VENTURE, LLC a California limited liability compa y By: PACIFICA DEVELOPMENT. "INC., a Gal~luIll.l.C:1 \..UJ.PV.LClL..L.VU By: managing partner 8 JAMES F. PENMAN, 9 City Attorney, Agreement must be 16 17 18 ust be signed by all partners. 19 20 21 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 If the Subdivider is an ndividual doing business under a fictitious name, it must be igned by a11 persons having an interest in the business, and the ictitious name must be signed a1so. The Agreement must be otarized. 22 23 TATE OF CALIFORNIA 24 25 UNTY OF Orange ) ) ss. ) On this 6th day of Naver:1ber , 19 95, before 26 e, the undersigned, a Notary Public in and for said County and tate, personally appeared 27 Jeffr K. FranCJ.8 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 ~',7 . - 1 ! me on the basis of 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o/i4tt lB~ Nota Signature personally known to me (or proved to satisfactory evidence) to be the president 3 of the corporation that executed the within instrument, and known 4 to me to be the persons who executed the within instrument 5 on behalf of the corporation therein named, and acknowledged 6 to me that such corporation executed the same, pursuant to 7 its by-laws, or a resolution of its Board of Directors. 8 WITNESS my hand and official seal. BAS/mg1[Subdivimp.Agr] 16 September 20, 1990 ) ~ 'Eliz;b;lh C Ba~e~ f o '" Comm, #1062399 CJ -. ~ NOTARY PU811C CALlFORNtA Qn ~ ~ ORANGE COUNTY J ... \ Comm. Exp. Aug. 18, 1999 .... , . . -- ..........,......, ....,...."....., "'.....,-........-.\ (This area for official seal.)