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HomeMy WebLinkAbout1983-413 , '3:::"if~~;-~:!'I"!;I"MP::j'i~-:i~~, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . iliJirtZ:t::]tIliIHlIJlit:',~>,;,~~~~",,,~,,:.Oi.i.."<l'l'!" ~~.4:___ ,,~~"\~''''..o:'.~'<ll'-:'W7l''~_:~__~,_~~'~~ .,. RESOLUTION NO. 83-413 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11324, LOCATED SOUTH SIDE OF KENDALL DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION. 2 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor and Common Council find that 7 the proposed Subdivision, Tract No. 11324, located South side 8 of Kendall Drive, together with the provisions for its design 9 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 an agreement with Block Bros. (U.S.A.), Inc. for the improvements in said subdivision tract as are required by Title 18 of the San Bernardino Municipal Code and ,the California Subdivision Map . Act. Said improvements are specifically described and shown on Drawing Nos. 6335, 6241, 6435, and 6339, approved and on file in the office of the City Engineer of the City of San Bernardino. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 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 approval of the final map, the Subdivider shall first execute the agreement ~~'.;';'~i~~C,j;. . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .,~'yr;..{;~;,:,~~t~' ~!~.--::;q,~:.:~'j'::":;.f,::~~~<:~}'i! '. r ,:"/~i.~"-J ~,.:;'~~~':.t;o.;.o. 1 referenced in Section 2 hereof for the improvements within 2 said subdivision. The City Clerk shall certify the approval 3 and acceptance of the Mayor and Common Council as set forth in this resolution. 4 5 I HEREBY CERTIFY that the foregoing resolution was 6 duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 7 8 5th day of December 1983, by the following vote, to wit: 9 AYES: Council Members Castaneda. Reillv. Hernandez, Hilrks. Ouiel. Frazier. Strickler NAYS: l\Jnnp ABSENT: 1\TnnCII ~b42?/~4 /" Ci ty Clerk The foregoing resolution is hereby approved this tnt December day of Approved as to form: ~~~JffT City At orney Morgan & Franz 401 W. 2nd Street San Bernardino, Ca 92401 :( liP A 'FORDIN] COVERAGES or OAN ::1 ER Fireman's Fund Ins. Co. Of :AN E1 ER Fremont Indemnity Ins. Co. or OAr-. E1 fR Block Brothers Industries (USA), Inc. 9911 West Pi co Blvd., U1100 Los Angeles, Ca 90035 Of'FA'" [1 I R at/FAN"*, IZ~ ET ,rR tc. This is to certify thC-it policies of insurance listed below have been issued to the insd;8(j-;';a,Tlscabave ~j(xj(i~~~~~~X Notwithstanding any requirement, term or condition of any contract or :>ther document with respect to which this certificate mClY be issued (11' t lay pert3Ir., : :le Insurance affOraea by the policies described herein is subject to all the terms. exdusions ond conditions of such policies. *for' .' . . --- .-.---" - - -. limits of Liability in housan s ( ) v" v)( .F.O.l.l(;, v ~v EACH I'tt\ k..N.&l\n;o:'I~ AGGREGATE _ -PER OCCURRENCE T\ PEOF INSURANCE l'OLley NU\1:jl:R GENERAL LIABILITY A 0 COMPREHENSIVE FORM ~ PREMISES-OPERATIONS o EXPl ;JSION AND COLLAPSE HAZARD [] UNDF:RGROUND HAZARD [] PROf)UCTSiCOMPLETED OPERATIONS HAZARD KJ CON "RACTUAL INSURANCE o BROAD FORM PROPERTY O/lMAGE KJ INDEPENDENT CONTRACTORS [] PfR~ONAL INJURY LA 299 35 34 BODilY INJURY .rOO .300 7-8-83 to PROPERTY DAMAGE . 50 . 7-8-84 BODilY INJURY AND PROPERTY OAMAGE . COMBINED PERSONAL INJUFN '300 OILY INJURY ACH PrRSON) oiLY INJURY CH ACCIDENT) $ N BODll Y INJURY AND PROPFRTY DAMAGE COMBINED 10-14-83 to 8-1-84 AUTOMOBILE LIABILITY D CO'-IPRFHFNSIVE fORM D owriED o HIRIO o NO~-OWNfO EXCESS LIABILITY D UMRRfl.LA cORM o OTHER THAN UMBRI:.LLA FOR'VI B WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER WN 83 225482 DESCRIPTION OF OPERAT10NS/lOCATlONSNEHICLES Subdivision map entitled TRl1324, San Bernardino, California. Additional Insured Clause: City of San Bernardino, Its Elective and Appointive Boards Commissions, Officers., Agents and Employees. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will ~WXltJ<mail .lO...- days written notice to the below named certificate holder)tXOOlllt(OOe)O)llX ~KK~~<<~~K~~~~OOX~~R~~Kk~kwxK~~XX~~~R~K~~~~~~ NAME AND ADDRESS OF CERTIFICATE HOLDER City of San Bernardino % City Administrator City Hall 300 N. "D" Street San Bernardino, Ca 92418 DATE ISSUED: 12-2-83 d I"""'.it.::.~.~~l'il'ib~'~"~' . ._';;)0,""':, ... '.,""" ,.~ .t --. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '~;:;f.::; -bO<~f;~'!:',~'~.li~':i'~;:,"1P"'''''~~ir:~~:->t'~'':~~,_____.....~~,,~8L,*ll;~~'I!'.'~-::''Rtt!~ ., .y / .' 1 A G R E E MEN T --------- 2 (subdivision improvements) 3 4 THIS AGREEMENT is made and entered into this ~)?( day of ~~~~~ , 19~, by and between the CITY OF SAN BERNARDINO 5 6 7 8 9 a municipal corporation, hereinafter referred to as "City", and R 1 or.k Rro" Innll "rri "''' (!JSA \. Inc .herei nafter referred to as "Subdivider". RECITALS: -------- Subdivider has presented to City for approval a final sub- division map (hereinafter called "map") entitled" Tract 11324 " 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. Subdivider has requested approval of the map prior to the con- struction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of l l ! I . ~ l ~ City. Council has approved said map and accepted the dedications therein offered, or some thereof, on conditiun that Subdivider first enter into and execute this agreement with the City. , ~ I l " J :;f"';~;:,~~~~"rV>_.-~~~' .~~,~o!'~:-~>,~;.,;,~'",:':: ~~~;~~:~~""~:';.;,f>of: _ . 01 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 ~:(~..!f~'1J::A~~~>';"~."" 1 This agreement is executed pursuant to the provisions of the Sub- division Map Act of the State of California and Title 18 San Bernardino Municipal Code. NOW, THEREFORE, for and in consideration of the arproval of the map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Hork Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, here- tofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance City hereby fixes the time for the completion of said -2- I1W~~....~f;"-~;:-'-~~~ :~-';""'~::;..'-~:- '.~ "'~:::'f..~~~~)t\'i'[~~<,~,lo.:!~~,r '~~"P.l~i.'\:-~:p; ._-:<<:,,'1:.-~~~~..v;l',,'f~~t :.~~t~~~~,. . !; ~~. . -' , ' ~. ." 1 work to be within 24 months 2 from the date hereof. 3 4. Time of Essence - Extension 4 Time is of the essence of this agreement; provided, that in the 5 event good cause is sho\1n therefor, the Citv Engineer may extend 6 the time for completion of the improvements hereunder. Anv such 7 extension m~y be granted without notice to the Subdivider's surety, 8 9 and extensions so granted shall not relieve the suretv's liabilitv on the bond to secure the faithful performance of this agreement. 10 The City Engineer shall be the sole and final judge as to whether 11 or not good cause has been shown to entitle Subdivider to an exten- 12 sion. 13 14 5. Repairs and Replacements Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the 15 16 map which have been destroyed or damaged, and Subdivider shall re- 17 place cr have replaced, repair, or have repaired, as the case may be, 18 19 or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed bv reason of any work done hereunder, whether such property be owned bv the United States or 20 21 any agency thereof, or the State of California, or anv agency or 22 23 24 political subdivision thereof, or by the City or by any Dublic or pri vate corporati on, or by anv person whomsoever, or bv any combina- 25 tion of such owners. Any sucb repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 26 27 6. Utility Deoosits - Statement Subdivider shall file with the Citv Clerk, prior to the commencement 28 - 3 - ~~~"':'~~./~~Cl'~~;;;~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ~'" ..~_... ~-.._. ,"""".... ~c"",.......", e. -'1'-:..", j. . . " ~!t.~.,:~~, '<<,:' ",,!.~: ~,~." '':'~\l' :....;"f~,_ .;,':,,'~'y.t',.'~~"'.)~ .~'k!~~:-;:- .;:'~'.":iE:~"'!' '~i'~"~}:.>;"~~""~~D;'S:~~~'''''';:''.-;~~':.:.~-;~m~...'~':,~'~\'~,~~j0'.~:. ,'>"#'" ___ _ . _ _ 1 2 of any work to be performed within the area delineated on the map, a written statement signed bv 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 connection of any and all public utilities to be supplied bv such publ ic util ity corlJori1tion within the Subdivision. 7. Permits: Compliance ''lith Law Subdivider shall, at Subdivider's expense, obtain all necessary 3 4 5 6 7 8 9 permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes reauired bY law. Subdivider shall comply with all provisions of the Subdivi- sion 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, satisfacto~v to the Ci~y Engineer on the work at all times during progress, with authority to act for Subdivider. 9. Inspection by Citv Subdivider shall at all times maintain proper facilities and provide safe access for inspection bv City, to all Darts of the work, and to the shops wherein the work is in preDaration. 10. Contract Security Concurrently with the execution hereof, Subdivider shall furnish to Ci~y improvement securi~y as follows: (1) An amount equal to at least one hundred Dercent of the total estimated cost of the improvement and acts to be oerformed as security for the faithful performance of this agreement; - 4 - r..;~;:'C<lII"l!'- .' ~ . . '-:':'~Z'-"~-::itt.:;~c,;:,;::<,:::' "'~:~":"':..~:;:};~::,~>;~.}:'#<~~~" ....''li>-'*~._~.-". 1 (2) An amount equal to at least fifty percent of the total estimated 2 cost of the improvements and acts to be performed as securitv for 3 the payment of all persons performing labor and furnishing mater- 4 ials in connection with this agreement; and 5 (3) An amount eaual to at least twenty-five percent of the total 6 est~mat.ed cost of the improvements and acts to be oeri'orJr€d 25 7 security for the guarantee and warrantv of the work for a period of one (1) year following the completion and acceotance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed bv the securitv and in add- ition to the face amount of the security, there shall be included 8 9 10 11 12 costs and reasonable expenses and fees, including reasonable 13 14 attorneys' fees incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the 15 form of bonds, deposits or letters of credit as provided in Title 16 18 San Bernardino ~'unicipal Code; and 17 the type shall be at the ortion of and sUbject to the approval of 18 the Citv Engineer and the City Attorney. 19 Hold Harmless Agreement 20 Subdivider herebv agrees to, and shall, hold Citv, its elective and 21 appointive boards, commissions, officers, agents and employees, rarwless 22 from any 1 i abi 1 i ty for damage or cl aims for damage for personal injurv, 23 including death, as well as from claims for property damage which mav arise 24 from Subdivider's or Subdivider's contractors', subcontractors', aqents' 25 or emplovees' operations under this agreement, whether such ooerations 26 be by Subdivider or by an.v of Subdivider's contractors, subcontractors, 27 or by and one or more persons directly or indirectly employed by, or 28 acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider arrees to, and shall, defend Citv, and its - 5 - "'" 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 ~, ,. :~:;'~.~>i*~~~:""\':::~_" ,_..:~~~:,'7~" r .. ~ lR~~e'. ~.,;:<;_ apoointive boards, commissions, officers, agents and emoloyees from any suits or actions at law or in e~uity for damages caused, or alleged to have bee~ caused, bv reason of anv of the aforesaid operations, provided as follows: a. That City does not, and shall not,. ~Iaive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, or eny ef the insurance policie described in Paragraph 12 hereof. b. That the aforesaid hold harmless agreement bv Subdivider shall apoly to all damages and clairos for damages of every kind suffered, or alleged to have been suffered, bv reason of anv of the aforesaid operations referred to in this paragraph, regardless of whether 01" not Citv has orepared, supplied or approved of, clans and/or specifications for the subdivision, or regardless of whether or not such insurante poliCies shall have been determined to be applicable to any of such damages or claims for damages. 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall hav10 obtained all insurance re~uired under this oaragranh and such insurance shall have been approved bv Citv Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or Sub- contractor to commence vlcrk en his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All re~uirements herein orovided shall apoear either in the body of the insurance policies or as endorse- : ments and shall specifically bind the insurance carrier. - 6 ~ " 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 """.. _~ -,~ ,'<;<ll";~~~'':'_ ~ .J~ l""-..vi ,"i'.v. ,-" a. Compensation Insurance Subdivider shall maintain, durin~ the life of this agreement, Workmen's Compensation Insurance for all Subdivider's emoloyees employed at the site of imorovement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarlv to provide Workmen's Compensation Insurance for all contractor's or subcontractor's emplovees, unless such emplovees are covered by the protection afforded by Subdivider. In case any cl ass of empl oyees enga~ed in work under thi s agreement at the site of the project is not protected under any Workmen's Compensvtion Law, Subdivider shall provide and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify Citv 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 Liablity 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, commis- sions, officers, agents and employees, Subdivider and anv contrac tor or subcontractor performing work covered by this agreement from cl aims for damages for personal iniury, incl uding death, as well as from claims for property damage which may arise from Subt1ivider's 01' any contractor's or subcontractor's operati ons hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or bv anvone directly or indirectlv employed by either Subdivider or any contractor os subcontractor, and the amounts of such insurance shall be as follows: - 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 "'ll'q':"'- ':;,T'3<F "',':;'.'~1- -,~ i..,"~,..:~"., ~;-<:.'~' (1) Public Liabilitv Insurance In an amount not 1ess than $ 100.000.00 for injuries, including, but not limited to, death, to any one person and, subject to the same limit for each person, in an amount not less than $ 300,000.00 on account of anv one occurrence; (2) Property Damage Insurance In an amount not less than $ 50,000.00 for damage to the propertv of each person on account of anv one occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures any entity, oerson, board or commission other than those mentioned in this para- graph, such policy shall contain a standard form of cross- 1 iability endorsement, insuring on such policy Citv, its . . elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subco~tractor performi ng work covered bv thi s agreement. 13. Evidence of Insurance Subdivider shall furnish City concurrently with the execution hereof, with satisfacto~y evidence of the insurance required, and evidence that each carrier is required to give Citv at least ten days prior notice of the cancellation or reduction in coverage of any poli~v during the effective Deriod of this agreement. 14. Title to Improvements Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. - 8 - .' 1 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 I , , the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assign '!lent for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of SiJbdil'iGEr's insolvency, 01' if Sllh~ivicer, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or Citv Council may serve written notice upon Subdivider and Subdivider's 'surety of breach of this agreement, or of any partion thereof, and default of Subdivider. 19 Breach of Agreement; PerfonTIance h'l Surety or Citv In the event of any such notice, Subdivider's suretv shall have the duty to take OVH ane comrlete the work and the improver:1ent herein specified; provided, hO~/ever, that if the surety, within fjve days after the serving upon if of such notice of breach, does not give City written notice of its intention to take over the perfomance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and B.t the expense of SUbdividEr, and Subdivider's occasioned City thereby; and, in such event, City, without I iabi-II surety shall be liable to City for any excess cost or damages li~y for so doing, may take possession of, and utilize in com- pleting the work, such materials, appliances, plant and other I, property belonging to Subdivider as may be on the site of the work and necessary therefor. 20. Noti ces All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - .~ J . . . 1 2 3 4 5 6 7 8 9 10 11 I 12 I I 13 14 15 16 17 18 19 20 21 , 22 I 23 24 25 26 27 , 28 I I ! .~';~JilP;:'~~4:!t~!';i":;_?"i:._", . 15. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the work performed under thi s agreement, anv structure or part of anv structllre furni shed and/or i nsta 1: ed or cons tructed, or caused to be installed or constructed bv Subdivider, or anv of the work done under this agreement, fails to fulfill anv of the re~uirements of this agreement or the specifications referred to herein, Sub- divider shall without del~y and without any cost to City, repair or replace or reconstruct any defective or otherwise unsat;sfact- o~y part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or shoul d the exi genci es of the Subdi vi d(:r car: he notifi ed~ Citv may at its option, make the necessarv repairs or replacements or perform the necessary work and Subdivider shall pay to 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 considered to be D(jf>nts of City in connection with the performance of Subdivider's Obligations under this agreement. 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit fees for all engi neering inspections and other serv1 ces ccnnected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or anY extensions thero~, or fails to obtain completion of said work within such time, or if - 9 - \ \ .:-' '.. ~';'.'.i~ ,~._',_~, ,-,'" , J.'. ",<. w' 1 Notices required to be given to City shall be addressed as follows: City Administrator, City Hall, 300 North "0" Street, San Bernardino, California 92418. Notices required to be given to Subdivider shall be addressed as follows: 2 3 4 5 Block Bros. Industries (USA) .Inc. 9911 - _ _ _ W. Pico Blvd. Ste.1100 Los Angeles, CA 90035 6 Attn: Dorian Johnson 7 Notices required to be given surety of Subdivider shall be addressed as 8 9 follows: James Econn & Co. Insurance Co. 3055 Wilshire. Los Anqeles. California 90010 Provided t~at any part,y or the surety ma,v h cange such address bv notice in writing to the other partv and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year fi rst above written. 10 11 12 13 14 15 ATTEST: CITY OF SAN BERNARDI 16 17 18 ~//7.?<~~ e', ty C1 erk 19 ..,n SUBDIVIDER l r I STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On this day personally appeared before me Michael Kilgallon and Dorinda Birch to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned, as Vice President and Assistant Secretary of Block Bros. Insustries (USA), Inc. GIVEN under my hand and official seal this 30 day of lI./oJ/' 191>3 Not!:h*l~ f;U:for the State of California ~ - ~ -~~c>n ~~" OFFICIAL SEAL i\~~;'~\" GLADYS L PALMER \ ", "-', .o,"""('.~,'~','yi~ NOTARY PUBL,\C - CAL IFOPN1A " ,\:.;.,..'-';:1"'-.;:.:'.... I,) ',,'-~:---;;,'_,:I:,."..~ lOS M'~GrLES CO(~NIY ", ';'_v <, ,.., rc,rrm p)'I,ire?> ~rD 15, lf18G "\_' - '--'-" .'- , "-".. f*' Secretary or ~ssistant 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 ficti- tious name must be signed also. The agreement must be notarized bv the Subdivider. - 12 -