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HomeMy WebLinkAbout1994-206 1 2 3 RESOLUTION NO. 94-206 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1 : that The and Council find Mayor Common proposed Subdivision Tract No. 15572, located between "E" Street 9 and Acacia Avenue, north of 27th Street, together with the 10 provisions for their design and improvements, is consistent with 11 the General Plan of the City of San Bernardino. 12 SECTION 2. The Mayor of the City of San Bernardino is 13 authorized on behalf of said City to execute the standard form of 14 agreement adopted by Resolution No. 84-8 with PACIFIC STAR 15 DEVELOPMENT, INC., for the improvements in said subdivision 16 tracts as are required by Title 19 of the San Bernardino 17 Municipal Code and the California Subdivision Map Act. The time 18 for performance is specified at 24 months. Said improvements are 19 specifically described and shown on Drawings approved and on file 20 in the 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 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 sa~d subdivision. The City Clerk shall certify the 7-12-94 RESO; APPROVING (BETWEEN STREET) FINAL MAP FOR SUBDIVISION TRACT NO. .15572 "E" STREET AND ACACIA AVENUE, NORTH OF 27TH 94-206 1 approval and acceptance of the Mayor and Common Council as set 2 forth in this resolution. 3 Recordation of the final map is contingent SECTION 4 . 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 This resolution is rescinded if the parties 8 to the agreement fail to execute it within sixty (60) days of the 9 passage of this resolution. 10 I I I I 11 IIII 12 I I I I 13 I I I I 141111 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 IIII 26 I I I I 27 I I I I 28 IIII - 2 - .RESO; FINAJJ MAP FOR SUBDIVISION TRACT NO. .15572 "E" STREET AND ACACIA AVENUE, NORTH OF 27TH APPROVING (BETWEEN STREET) 94-206 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 l8thday of 5 wit: 6 Council Members: 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 regular meeting thereof, held on the July , 1994, by the following vote, to- AYES NAYS ABSTAIN ABSENT x x x x x x x 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f2M-J.IL ~ Rac~ Clark, City Clerk The foregoing resolution is hereby approved this -2!Jth day of Julv , 1994. ~/J~ Tom Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney o f I" - 3 - 0" 94-206 1 2 3 4 day of AGREEMENT .. (Subdivision :lmprovements) THIS AGREBMBNT is made and entered into as of this 22nd JUNE , 191i.-, by and between the CITY OF SAN 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as 6 "City", and PACIFIC-STAR DEVELOPMETN,INC. 7 referred to as "Subdivider". , hereinafter 8 9 RECI'1'ALS A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") 11 12 13 14 15 16 17 18 entitled 'T'H Ar.'j' :/! 1 c; S 7? ; and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein: and, c. WIIEREAS, 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 any of said improvements in, or 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 ," 94-206 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 HOW 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 101ithin (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 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 94-206 " 1 2 said City Engineer. 3 3. Work: '1'ime for Commencement and Performance. City 4 hereby fixes the time for the completion of said work to be 5 within 24 110NTHS 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 al. extension. 15 5. Repairs and Replacements. Subdivider shall replace, or 16 have replaced, or repair, or have repaired, as the case may be, 17 all pipes and monuments shown on the map which have been 18 destroyed or damaged, and Subdivider shall replace, or have 19 replaced, repair, or have repaired, as the case may be, or pay to 20 the owner the entire cost of replacement or repairs, of any and 21 all property damaged or destroyed by reason of any work done 22 hereunder, whether such property be owned by the United States, 23 or 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 " 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 94-206 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 the conn~ction of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Compliance with Law. Subdivider shall, at Permits: 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 shall comply with all provisions of the Subdivision Map Act and Title 18 San Bernardino Municipal Code. 8. Superintendence by Subdivider. Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. 9. Inspection by City. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent (100%) BAS/mg1[Subdivimp.Agr] 4 September 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 // 94-206 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 eptember 20, 1990 94-206 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 subcontractor to commence work on his contract or subcontract 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind 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, 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 94-206 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 AS/mgl[Subdivimp.Agr] 7 eptember 20, 1990 94-206 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 (Sl,OOO,OOO.OO) 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 (Sl,OOO,OOO.OO) 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'ail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance pOlicy ,is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (1) year from completion of the project. All ~As/mgl[Subdivimp.Agr] reptember,20, 1990 8 94'-206 1 2 subcontractors must and shall comply with the 3 same insurance provisions as the contractor(s) 4 and sUbdivider(s). 5 (4) Personal Injury - Defined. As used herein, the 6 term "personal injury" shall be defined as a hurt 7 or damage to one's person inCluding, without 8 limitation, damage to health, cuts, bruises, 9 broken limbs and/or bones, or the like, 10 disabilities or impairments, including 11 aggravation of existing injuries, on invasion of 12 personal rights, including libel or slander 13 criminal conversation, malicious prosecution, 14 false imprisonment and mental suffering. 15 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 evidence that each carrier will be required to give City at least 21 ten (10) days prior written notice of the cancellation or 22 23 24 25 26 reduction in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/ Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, 27 commissions, officers, agents, employees and servants free and 28 harmless from any and all liability losses, damages, claims, BAS/mg1[Subdivimp.Agr) 9 September 20, 1990 94-206 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 an 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 94-206 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 s provision is not intended to create any cause of action ~n 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 l~ability for damage or injuries to third persons or 22 roperty arising from Subdivider/Developer's performance 23 ereunder. 24 14. 'ritle to :lIDp...uv....ents. Title to, and ownership of, 25 11 improvements constructed hereunder by Subdivider shall vest I 26 bsolutely in City, upon complet~on and acceptance of such 27 provements by City. 28 // AS/mgl[Subdiv~mp.Agr] 11 eptember 20, 1990 94-206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 considered to be agents of City in connection with the 23 performance of Subdivider's obligations under this Agreement. 24 25 pay to City the costs of all permit fees for all engineering 26 inspections and other services connected with the City in regard to the subdivision. 27 28 any construction. 15. 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 structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, 17. Cost of Engineering and Inspection. Subdivider shall Said fees shall be paid prior to commencing BAS/mg1[Subdivimp.Agr] 12 September 20, 1990 94-206 1 2 18. Notice of Breach end 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, 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[Subdivimp.Agr] 13 September 20, 1990 94-206 1 2 1iabili ty for so doing, may take possession of, and utilize in 3 completing the work, such materials, appliances, plant and other 4 property belonging to Subdivider as may be on the site of the 5 work and necessary therefor. 6 20. Notices. All notices herein required shall be in 7 writing, and delivered in person or sent by registered mail, 8 postage prepaid. 9 10 11 12 13 14 15 16 17 18 19 20 21 (a) Notices required to be given to City shall be addressed as follows: City Administrator Ci ty Hall 300 North "D" street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: (c) PACIFIC-STAR DEVELOPMENT, INC. 13310 AMARGOSA RD., VICTORVILLE, CA. 92392 Notices required to be given to surety of Subdivider shall be addressed as follows: GOLDEN PACIFIC BANK P. O. BOX 630. ONTARIO. CA. 91762 22 Provided that any party or the surety may change such address by 23 notice in writing to the other party, and, thereafter, notices 24 shall be addressed and transmitted to the new address. 25 21. Successors Bound. This Agreement shall be binding 26 upon and inure to the benefit of each of the parties and their 27 respective legal representatives, successors, heirs and assigns. 28 /// BAS/mg1[Subdivimp.Agr] 14 September 20, 1990 94=206 1 2 3 Agreement on the day and year first above written. 4 IN WITNESS WHEREOF, the parties hereto have executed this ATTEST: CITY OF SAN BERNARDINO ~~- By: ' { ~ ~N R, Mayor City of San Bernardino f)_A J j, C~~ 6 7 ~~ 5 Approved as to form and legal content: 8 JAMES F. PENMAN, 9 Ci ty Attorney, SUBDIVIDER: X By: /(By: ~~ 10 By: 11 12 13 14 15 16 17 18 19 20 21 INSTRUCTIONS If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed-by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed., If the Subdivider is a partnership, it must be signed by all partners. 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. 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On this day of e, the undersigned, a Notary tate, personally appeared , 19 , before Public in and for said County and ersonally known to me (or proved to me on the basis of atisfactory evidence to be the President, and BAS/mgl[Subdivimp.Agr] 15 September 20, 1990 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. 94-206 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 Notary Signature BAS/mg1[Subdivimp.Agr] 16 September 20, 1990 (This area for official seal.) '. 94-206 STATE OF CALIFORNIA COUNTY OF San Bernardino On June 29, 1994 before me, Deborah Taranao a Notary Public in and for said State, personally appeared THOMAS K. PETERSON AND STANLEY N, MULLINS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her Itheir authorized capacity(ies), and that by his/her Itheir 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. J - - - - - - - - - - - - - ~t ~ DEBORAHTAAANGO - . . COMM # 985072 -. ;i! : -. : Notary Publi'c - COUfomia ~ Z SAN BERNARDINO COUNlY - Signature /L,f2 U .fjl/t~ Jr;A.IV; CZV J _ ~ ~ _My_c:,,:,~:':EB~8~1~ 1 (This area for official notarial seal) STATE OF CALIFORNIA COUNTY OF On before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her Itheir authorized capacity(ies), and that by his/her Itheir 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 (This area for official notarial seal) ESCROW NO. 02-24163,R,DT TITLE ORDER NO, 9413154,17