HomeMy WebLinkAbout1988-113
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RESOLUTION NO. 88-113
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13187, LOCATED WESTERLY OF
3 LITTLE MOUNTAIN DRIVE, APPROXIMATELY 800 FEET NORTH OF 48TH
STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
4 MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
5 PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
CITY OF SAN BERNARDINO AS FOLLOWS:
THE
SECTION 1:
The Mayor and Common Council find that
9 proposed Subdivision Tract No. 13187, located Westerly of Little
19 Mountain Drive, approximately 80 feet North of 48th Street,
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together with the provisions for its 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
14 authorized on behalf of said City to execute the standard form
15 of agreement adopted by Resolution No. 84-8 with Acacia
16 Construction Inc., a California corporation, for the improve-
17 ments in said subdivision tract as are required by Title 18 of
18 the San Bernardino Municipal Code and the California Subdivision
19 Map Act. Section 12Cb)C1) of said Agreement is hereby amended
20 to require public liability insurance in an amount of not less
21 than $250,000 per person and $500,000 per occurrence.
22 The time for performance is specified at 24 months. Said
23 improvements are specificaly described and shown on Drawings
24 approved and on file in the Office of the City Engineer of the
25 the City of San Bernardino.
26 SECTION 3: The Final Map of said subdivision tract is
27 hereby approved and the City of San Bernardino hereby accepts as
28 public property all dedications within the subdivision as shown
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RESO: APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13187
n said Final Map for streets, alleys, (including access rights),
rainage and other public easements. As a condition precedent
o approval of the Final Map, the Subdivider shall first execute
he agreement referenced in Section 2 hereof for the improve-
ents within said subdivision. The City Clerk shall certify
he approval and acceptance of the Mayor and Common Council as
set forth in this resolution.
I HEREBY CERTIFY that the foregoing resolution was
uly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
regular
the
day of
, 1988, by the following
18th
Apri 1
vote, to-wit:
AYES:
Council Members
Estrada, Reillv. Flores.
Maudsley, Pope-Ludlam, Miller
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NAYS: Council Member Minor
ABSENT: None
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day of
The foregoing resolution is hereby approved this
April j J!c ~1 1:S)/A J .
Mayor ~ th~ City t San B~ino
I 76L"
Approved as to form
an9 legal content:
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Attorney
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 26th day of
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February
, 1988, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Acacia Construction, Inc.
, hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Tr. 13187
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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
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
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division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
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offered, and in order to insure satisfactory performance by Subdivider
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of Subdivider's obligations under said Subdivision Map Act and said
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Ordinance, the parties agree as follows:
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1. Performance of Work
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
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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 by
such pUblic utili~y corporiltion within the Subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pav all fees and taxes reouired 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,
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 bv City, to all Darts of the
work, and to the shops wherein the. work ;s in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City imrrovement security as follows:
(1) An amount equal to at least one hundred Dercent of the total
estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent 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 mater-
ials in connection with this agreement; and
(3) An ampunt equal to at least twenty-five percent of the total
est~'mated 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 acceotance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' 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 aporoval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boa.rds, commissions, officers, agents and employees, I-arrrless
from any liability for damage or claims -rOY' damage for personal injury,
including death, as well as from claims for property damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectl,v employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arr'ees to, and shall, defend City, and its
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appointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauity for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not" 'tJaive 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 Cit,Y by Subdivider, or c.ny cf the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not City has orepared, supplied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havt~ obta ined all insurance requi red under th is oa ragranh and
such insurance shall have been approved by City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence \'lcrk en hi s contract or subcontract unti 1 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 endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, during the life of this agreement,
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Workmen's Compensation Insurance for all Subdivider's €,moloyees
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employed at the site of imorovement, and in case any work is
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su~let, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's employees, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any class of employees engaged in work under this agreement at
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the site of the project is not protected under any Workmen's
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C0mpr:ns8tion Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise orotected. Subdivider
shall indemnifyCitv for anv damage resulting to it from failure
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of either Subdivider or any contractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Propertv Damage Insurance
Subdivider shall take out and maintain durin~ the life of this
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agreement such public liability and property damage insurance
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as shall insure City, its elective and appointive boards, commis-
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sions, officers, agents and employees, Subdivider and any contrac
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tor or subcontractor performing work covered by thi s aqreement
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from claims for damages for personal injurv, including death,
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as well as from claims for oroperty damage which may arise from
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Subdivider's or' any contractor's or subcontractor's operations
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hereunder, whether such operatiors be by Subdivider or any
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contractor or subcontractor, or bv anyone directly or indirectly
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employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
In an amount not ~€ss than $ 100,000.00
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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 property of each person on account of any
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, nerson,
board or commission other than those mentioned in this para-
graph, 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 bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance required, and
evidence that each carrier is required to give City at least ten
days prior notice of the cancellation or reduction in coverage of
any policy 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-
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15. Repair or Reconstruction of Defective Work
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If, within a period of one year after final acceptance of the
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work performed under this agreement, any structure or nart of any
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structure furnisher. rInd/or installed or constructed, or caused
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to be installed or constructed bv Subdivider, or any of the work
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done under this agreement, fails to fulfill any of the reauirements
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of this agreement or the specifications referred to herein, Sub-
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divider shall without del~y and without any cost to City, renair
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or replace or reconstruct any defective or otherwise unsat~sfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promptly or in accordance with this requirement, or
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should the exigencies of the SubdividGr can he rctified, City may at
its option, make the necessary repairs or replacements or perform
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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
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Neither Subdivider nor any of Subdivider's agents or contractors
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are or shall be considered to be agents of City in connection with
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the performance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engi neering inspections and othE'r servi ces connected wi th the Ci ty
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in regard to the subdivision. Said fees shall be paid prior to
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commencing any constr"uction.
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18. Notice of Breach and Default
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If Subdivider refuses or fails to obtain prosecution of the work,
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or any severable part thereof, with such diliqence as will insure
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its completion within the time specified, or any extensions thero~~
or fails to obtain completion of said work within such time, or if
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the Subdivider shoulJ be adjudged a bankrupt, or Subdivider
should make a general assign llent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Si.lbdiviC:er' s insolvency, or if Subr.ivider, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of'this agl~eernent, City Engineer or City
Council may serve written notice uron Subdivider and Subdivider's
'surety of b reach of thi s ag reemen t, or of a ny pert i on thereof,
and default of Subdivider.
Breach of Agreement; PerfonnaDce b.., Surety or Citv
In the event of any such notice, Subdividerls suretv shall have
the duty to take over anc comnlete the \vork and the improvement
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perfornlt1nce
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 c.t the expense of Subdi\'id€r, and Subdivider. s
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
Notices
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North 11011 Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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Acacia Construction, Inc. 1021 W. Bastanchury Rd., Suite #100
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Fullerton, CA 92633
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Notices required to be given surety of Subdivider shall be addressed as
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follows: Anderson & Anderson
2495 Campus Dr. Irvine, CA 92715
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Attn: Tan Mc Call
Provided that any party or the surety mav change such address bv notice in
writing to the other party 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 vear first above written.
ATTEST:
C TTY })F SAN B EPNL\Pf)INO
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By:
~#~~C?n
""Ci ty Cl erk
STATE OF CALI FOR.N.IA
COUNTY OF UKANGE
On February 29, 1988
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SUBDIVInER
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said State, personally appeared
Susan r1. Payne
- , personally known to m (
baSIS of satisfactory evidence) to be th e or proved to me on the
e persons who executed the within instrument as
President and
A . r. Secretary on behalf of
CaCla onstruction, Inc. '-------
the corporation therein named, and acknowledged to me tha;
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
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~ I Signature
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, before me, the undersigned, a Notary Public in and for
Richard Snyder
----__and
. OFFICtAt. S!Al
CINDY A HARTSFIELD
NOTARY PUBUC-CAuFORHtA
ORANGE COUNTY
OMM. EXP. AUG. 17, 1990
Je executed in
; dent crld the
C'tnd1f O,ri/a,{ifujd
(This area for official notarial seal)
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
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Subdivider is an individual doing business under a fictitious name, it must
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be signed by all nersons having an interest in the business, and the ficti-
5 ti.ous name must be signed al so. The agreement must be notarized bv the
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Subdivider.
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