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HomeMy WebLinkAbout1994-260 1 RESOLUTION NO. 94-260 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. l0352-3, LOCATED ON THE NORTH 3 SIDE OF NORTH PARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE HOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON 4 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR 5 PERFORMANCE SPECIFIED. 6 7 8 9 10 11 12 13 14 15 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION l: The Mayor and Common Council find that proposed Subdivision Tract No. 10352-3, located on the north side of Northpark Boulevard, east of the terminus of Little Mountain Drive, 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 adopted by Resolution agreement No. 84-8 with NORTHPARK BUILDERS, for the improvements in said subdivision tracts LTD. , 17 as are required by Title 19 of the San Bernardino Municipal Code 18 19 and the California Snbdivision Man Act. The time for performance is specified at 24 months. Said improvements are specifically 20 21 described and shown on Drawings approved and on file in the office of the City Engineer of the City of San Bernardino. 22 SECTION 3: The Final Map of said subdivision tract is 23 24 25 26 27 28 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 approval of the Final Map, the Subdivider shall first execute the 8-l7-94 J RESO: APPROV!NG FINAL MAP FOR SUBDIVISION TRACT NO. HI352.-3 (NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE MOUNTAIN DRIVE) 94-260 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 regular meeting thereof, held on the 4 6th day of September , 1994, by the following vote, to- 5 wit: 6 Council Members: 7 NEGRETE 8 CURLIN 9 HERNANDEZ AYES NAYS ABSTAIN ABSENT x x x 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER x x x x 14 15 16 17 /.~C~ Rac el Clark, City Clerk The foregoing resolution is hereby approved this pJAC ,~~ Tom Minor, Mayor Ci ty of San Bernardino 94- 2100 - 1 2 AGREEMENT '. ( SubcU vis:Lon Zmprovements) 3 'l'IUS AGREBMBN'1' :Ls made and entered :Lnto as of th:Ls t' f/v 4 day of J.'f-tz.,~i)1^-" ,19 "lL!, by and between the CITY OF SAN 5 BERNARDINO, a Mun:Lc:Lpal Corporation, hereinafter referred to as 6 . City" , and R:RTHPARK BUILDmS, LTD. , hereinafter 7 referred to as "SubcUvider". 8 9 RECITALS A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called "map") 11 entitled 12 TRACl' 110352-3 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 :Ls hereby referred to and 17 :Lncorporated here:Ln: and, 18 c. IIBEREAS, SubcUv:Lder has requested approval of the map 19 pr:Lor to the construct:Lon and complet:Lon of :Lmprovements, 20 :Lnclud:i.ng all streets, highways or publ:Lc ways and publ:Lc utility 21 fac:Ll:Lt:Les which are a part of, or appurtenant to, the 22 subcUv:Ls:Lon (here:Lnafter called "subcUv:Ls:Lon") designated :Ln the 23 map, all :Ln accordance w:Lth, and as requ:Lred by, the Plans and 24 Specif:Lcat:Lons for all or any of sa:Ld improvements in, 25 appurtenant to, or outside the l:Lmits of subcUv:Lsion, which Plans 26 and Spec:Lf:Lcat:Lons are now on file :Ln the Office of the City 27 Engineer of the City: and, 28 BAS/mgl [SubcUv:Lmp.Agr] 1 September 20, 1990 ! 94-2GO 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 lB 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 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 94-260 1 2 said City Engineer. 3 3. Work: Time for Co_encement and Performance. Ci ty 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.her 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 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_260 1 2 6. Uti1ity Deposits - statement. Subdivider shall file 3 with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all 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 sha11 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. Xnspection 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 (lOOt) BAS/mgl[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 III 94- 260 (b) (c) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; 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, 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 94-260 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 (a) Workers Compensation Insurance/Employer's Liability 14 Insurance. Subdivider shall maintain, during the life 15 of this Agreement, Worker's Compensation Insurance and 16 17 18 19 20 21 22 23 24 25 26 27 28 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 94-260 1 2 protection of employees not otherwise protected. 3 Subdivider shall indemnify City for any damage 4 resulting to it from failure of either Subdivider or 5 any contractor or subcontractor to take out or 6 maintain such insurance. 7 (b) Public Liability and Property Damage Insurance. S Subdivider shall take out and maintain, during the 9 life of this Agreement, such public liability and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 2GO 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) ~ai1 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] B reptember.20, 1990 94-260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 shall furnish City, concurrently with the execution hereof, .wi th satisfactory evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional ~nsured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least 21 ten (10) days prior written notice of the cancellation or 22 reduction in coverage of any policy during the effective period 23 of this Agreement. 24 13. Hold Harmless/Indemnification. Subdivider(s)/ 25 Developer(s) hereby agree to and shall protect, defend, indemnify 26 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/mgl[Subdivimp.Agr] 9 September 20, 1990 94~260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 l~ens, demands and cause of act~on of'every k~nd and character ~nclud~ng, but not l~m~ted to, the amounts of judgments, penalt~es, ~nterests, court costs, attorney's/legal fees, and all other expenses ~ncurred by the C~ty ar~s~ng ~n favor on any party, ~nclud~ng cla~ms, l~ens, debts, demands for lost wages or compensat~on, personal ~njur~es, ~nclud~ng employees of the C~ty, death or damages to property (~nclud~ng property of the C~ty) and w~thout l~m~tation by enumeration, all other cla~ms or demands of every character occurr~ng or ~n any way ~nc~dent to, in connection with or ar~sing d~rectly or ~nd~rectly, (including from the negligent performance by ~ts officers, employees, agents) from the terms of th~s Agreement, whether such operat~ons/~ncidents are caused by contractor, Subd~v~der or any of contractor/Subd~v~der's subcontractors, contractors or by any one or more persons directly or ~nd~rectly employed by or acting as agent for contractor, Subd~v~der, or anyone of contractor or Subdivider's contractors or subcontractors. Subd~v~der/Developer shall ~nvest~gate, handle, respond to, prov~de defense for and defend any such cla~ms, demand, or su~t at the sole expense of the Subd~v~der/Developer even ~f the cla~m or cla~ms alleged are groundless, false or fraudulent. Subd~v~der agrees to, and shall, defend C~ty, ~ts appo~nt~ve boards, commiss~ons, off~cers, agents and employees from any su~ts or act~ons at law or ~n equ~ty for damages caused, or alleged to have been caused, by reason of any of the aforesa~d operat~ons, prov~ded as follows: (a) That C~ty does not, and shall not, wa~ve any r~ghts aga~nst Subd~v~der which ~t may have by reason of the BAS/mgl[Subd~v~mp.Agr] 10 September 20, 1990 94-,26,0 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 prevision is not intended 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 24 14. 'l'itle to Impzovements. Title to, and ownership of, 25 11 improvements constructed hereunder by Subdivider shall vest 26 bsolutely in City, upon completion and acceptance of such 27 revements by City. 28 II AS/mgl[Subdivimp.Agr] 11 eptember 20, 1990 94-260 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 6 7 8 9 10 11 12 13 14 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 15 require repair, replacement or reconstruction before the 16 Subdivider can be notified, City may, at its option, make the 17 18 19 20 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 (1St). 16. Subdivider Not Agent of City. Neither Subdivider nor 21 any of Subdivider's agents or contractors are, or shall be, 22 considered to be agents of City in connection with the 23 24 25 26 27 28 performance of Subdivider's obligations under this Agreement. 17. COst of Engineer~ and Xnspection. 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. BAS/mgl[Subdivimp.Agr] 12 September 20, 1990 94~ 260 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 AgreeIaent: Perfonnance 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 . 94- 260 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 prepaid. 9 10 11 12 13 14 15 16 17 18 19 20 21 ea) 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: ~ARK BUILDERS, LTD. 22892 Mill Creek Drive. Laguna Hills. CA 92653 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: TIlE INSa>/DICO ffiOUP 17780 Fitch. Ste. 200. Irvine, CA 92714 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 Successors Bound. 21. 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 III BAS/mgl[Subdivimp.Agr] 14 September 20, 1990 94- 260 1 2 IN WITNESS WHEREOF, the parties hereto have executed this 4 ATTEST: 5 ~~ _ ~l~L 6 City Clerk 7 C.ttv/~. Approved as to form and legal content: 8 JAMES F. PENMAN, 9 City Attorney, 10 11 12 13 SUBDIVIDER: KKJ.1ft'ARK BUI BY: osocmm By: By: R rt E. Osborne, Pres10ent BY:~_~I ./ - , LTD. CCRP., GEN. P INSTRUCTIONS 14 If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed by the President or a 15 16 17 Vice-President and the Secretary or Assistant Secretary, and. the corporate seal affixed., If the Subdivider is a partnership, it 18 must be signed by all partners. If the Subdivider is an individual doing business under a fictitious name, it must be 19 20 signed by all persons having an interest in the business, and the fictitious name must be signed also. The Agreement must be 21 otarized. 22 23 TATE OF CALIFORNIA 24 r /) ,/'- UNTY OF L /,/C4/Jc ,-,( 25 On this ~1~ day of 26 e, the unders gned, a Notary tate, personally appeared 27 ) ) ss. ) /J 7(/ /1()fi7'J::r- , 19 L, before Pub+ic. in anIL for _,said C~ty and &.-?r2Z T /- (JSi~O,;Z/JLC , ersonally known to me (or proved to me on the basis of 28 atisfactory evidence to be the President,~ AS/mgl[Subdivimp.Agr] 15 eptember 20, 1990 94-. LOU 1 2 3 4 5 6 7 8 personally known to me (or proved 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. 9 10 / 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -)1 t!-.~-- Signature (This area for official seal.) BAS/mgl[Subdivimp.Agr] 16 September 20, 1990 to me on the basis of OPPIClAL SEAl. louIae Anderson ARY fIIURJC . <:W..IFORIIA - COOHT't U,COtIIIIl_ E-..Sept. 28.