HomeMy WebLinkAbout1986-472
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RES 0 L UT ION NO. 86 - 412
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
2 FINAL MAP FOR SUBDIVISION TRACT NO. 13329, LOCATED APPROXIMATE-
LY 620 FEET EAST OF THE CENTERLINE OF VICTORIA AVENUE, AND
3 SOUTH OF PIEDMONT DRIVE, NORTH OF CITRUS STREET, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
4 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVE-
MENTS IN SAID SUBDIV ISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1:
The Mayor and Common Council find that
8 proposed Subdi v i si on Tract No. 13329, 1 oca ted aproxi ma tel y 620
9 feet East of the centerline of Victoria Avenue, and South of
10 Piedmont Drive, North of Citrus Street, together with the
11 provisions for its design and improvements, is consistent with
12 the General Plan of the Ci ty of San Bernardino.
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SECTION 2:
The Mayor of the City of San Bernardino
14 is authorized on behalf of said City to execute the standard
15 form of agreement adopted by Resolution No. 84-8 with the Hill
16 W ill i a m s De vel 0 p men t Cor p. , for the imp r 0 v e men t sin s aid sub -
17 division tract as are required by Title 18 of the San
18 Bernardino Municipal Code and the California Subdivision Map
19 Act. The time for performance is specified at 24 months. Said
20 imp r 0 ve men t s are s pee i fie a 11 y de s c r i bed and s how n on Dr a win g
21 No. 7064 and 7120, approved and on file in the Office of the
22 C i t yEn gin e e r 0 f the City 0 f San Be r n a r din o.
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SECTION 3: The Final Map of said subdivision tract is
24 her e by a p pro v e d and the City 0 f San Be r n a r din 0 her e by ace e p t s
25 as public property all dedications within the subdivision as
26 s how n on sa i d Fin a 1 Map for s tree t s, a 11 e y s , (i n c 1 u din g ace e s s
27 rig h t s ), d r a i nag e and 0 the r pub 1 ice a s em en t s. A sac 0 n d i t ion
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precedent to approval of the Final Map, the Subdivider shall
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first execute the agreement referenced in Section 2 hereof for
the improvements within said subdivision. The City Clerk shall
certify the approval and acceptance of the Mayor and Common
Council as set forth in this resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
17th day of
. Nov~ff!ber
,1986, by the following vote,
to-wi t:
AYES:
Co un c i 1 Membe r s . Estrada,., Re:illy ,i Hernand~..z-,--
Narks, Quielq Frazier, Strickler
NAYS:
ABSENT:
None
None
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/C i ty C 1 e r k
T he for ego i n g res 0 1 uti 0 n ish ere by a p pro v e d t his /??c"c
November
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San Bernar lno
Approved as to form:
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25 C 1 ty A t tor n e y
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A G R E E MEN T
(subdi vts~j on improvements)
THIS AGREEMENT is made and>.entered into thi s ~;:\!...I day of
L~V<'#-k 198i. by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
HILL WILLIAMS DEVEIDPMENT rnRP.
, hereinafter referred to as
"Subdivider".
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
rtiv;sion map (hereinafter called "map") entitled II Tract 13329
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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-
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 dedi cations or some thereof, therein
offered, and in order to insure satisfactory perfonnance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in ,1 good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi-;:hout) 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 necessa~1 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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work to be within 24 months
from the date herp.of.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City En0ineer ma." extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liability
on the bond to secure the faithful oerformance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have rerlaced, or renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroved or damaged, and Subdivider shall re-
nla~e cr ~ave renlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv reason of anv work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or anv agenc\l or
political subdivision thereof, or by the City or by an" public or
private corporation, or bV any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or reolacement shall be to the
satisfaction, and suhject to the approval, of the City Engineer.
6. Uti 1i ty Denos its - S tatemen t
Subdivider shall file with the City Clerk, prior to the convnencement
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of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
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corporitti('n involved, to the effect that Suhdividpr has made all
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deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
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such public utility cornortlticn within the Subdivision.
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Permits:
C omp 1 i an c e ''I i th Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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permits and licenses for the construction of such improvements,
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give all necessary notices and pay all fees and taxes reouired bv
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law. Subdivider shall comolv with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;pal Code.
8. Suoerintendence bv Subdivider
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Subdivider shall give personal superintendence to the work on
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said improvement, or have a competent foreman or Superintendent,
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satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection bv City, to all Darts r.f the
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work, and to the shons wherein the work ;s in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider sha11 furnish
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to City imnrovement security as follows:
(1) An amount ~0ual to at least one hundred percent of the total
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estimated cost of the imnrovement and acts to be performed as
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sec~rity 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 nerformed as security for
the pa,yment of all persons performinq labor and furn.ishing mater-
ia1s in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est..!mated cost of the improvements and acts to be nerfc.rrned es
security for the guarantee and warranty of the work for a np.riod of
one (1) year following the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv 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 bv 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 ~unicinal Code; and
the type shall be at the option of and subject to the apnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apoointive boards, commi ssions, officers, agents and emplovees, \-anrless
from any liability for damage or clains foy' damage for personal injury,
incllldinq death, as "/ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aoents'
or employees' onerations under this agreement, whether such ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider ar.ree~ to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operatic.ns, provided as follows:
a. That City does not, and shall not, v/aive 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 Citv by Subdivider, or cn~' cf the insurance policie
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 sufferea, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has I')reoared, supnlied 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.
Subdivider's Insurance
Subdivider shall not commence work under this aqreement until Subdivi der
shall havl~ obtained all insurance required under this paragranh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to corrrnence \'lcrk en hi s contract or subcontract unti 1 a 11
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, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emolovees
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 Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
C0mpr:ns~ticn Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. 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 durinq the life of this
agreement such public liability and orooerty damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider and any contra(
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal iniurv, including rleat~,
as \~e1l as from claims for nronerty dama0e which may arise from
Subt1ivider' ~'. Ol' any contractor's or S:.Jbcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~Ns:
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( 1) Pub 1 i c L i ah 12 i tY-l ns uran ce
In an amount not ~€Ss than $
100,000.00
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000.00
for
damage to the property cf each person on account of any
one occurrenc.e.
Ir. the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, Derson,
board or commission other than those mentioned in this nara-
graph, such policv shall contain a standard form of cross-
liability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor [.r sutcor:tractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv with the execution
hereof, with satisfactory evidence of the insurance reouired, and
evidence that each carrier is required to give City at least ten
days Drior 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 Citv.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerformed under thi s agreeMent, any structure or Dart of "flV
strllctllre fllrni~hec ('.nd/or instar~ed or constructed.. at" cnused
to be installed or constructed by Subdivider, or anv of the work
done under this agreement, fails to fulfill an~ of the reauirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without anv cost to City, renair
or replace or reconstruct any defective or otherwise unsat~sfact-
ory part or parts of the work or structure. Should Suhdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivi~~r can ~e rotified, City may a
its cpticn, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall oay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Ci!Y
Neither Subdivider nor anv of Subdivider's agents or contractors
are or shall be considered to be C:;0pnts cf City in connection \-tith
the performance of Subdivider's obliqations under this agreement.
17. Cost of Engineeri~d Inspection
Subdivider shall pay to City the costs of all permit fees for all
eng; neering inspections and ot'lf:lr servi ces rcnnected wi th 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 nrosecution of the work..
or any severable part thereof, with such dilioence as will insure
; ts comp 1 eti on wi th in the t;'me spec; fi ed, or any extens i ons th~rof
or fails to obtain completion of said work within such time, or if
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the Subdivider shoultl l)f~ adjud~Jecl a bankrupt, or Subdivider
should moke a generol nssion l1cnt for the lJenefi t of Subdi vider' s
creditors, or if a receiver should be anpointed in the event of
Subd~\'i(:Et.IS insolvency, or if Sllh(~iv;CEr, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of bt'each of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
19 Breach of Agreement; PerfonnnJ1ce h'/ Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take ovc;r anc corr:nlete i:he vlOrk and the improvement
herein srecified; provided, however, that if the surety, within
five days after the serving uron 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 performc;nc(
t~ereof within five days after notice to City of such election,
City may take over the work and orosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of S\.Ibdi\'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 COrl-
pleting the work, such materials, apnliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Notices
All notices herein required shall be in writing, and del;v~red
in person or sent bV registered mail, postage prepaid.
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Notices required to he given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" 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:
Hill Williams Developnent Corp., 5500 E. Santa Ana Canyon Road,
SUi te 251, Anaheim, CA 92807
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Notices required to be given surety of Subdivider shall be addressed as
fo 11 ows: Trans-American Premier Insurance Conpany, c/o Conmercial
SUrity Bond Agency, 217 W. Alameda Ave., SUite 201, Burbank, CA 91802
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Provided t~at any party or the surety mav change such address bv notice in
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writing to the other party and thereafter notices shall be addressed and
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transmitted to the new address.
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II IN WITNESS WHEREOF. the parti es hereto have executed this agreement on
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the day and year first above written.
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ATTEST:
SAN BERNAROINO
:y JC-I)J
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By:
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IN STRl jf;T 10NS
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SUBOIVIOER
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Anproved as to form:
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By:
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C; tv Attorney
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If the Subdivider is a corporation, the agreement must be executed in
corporate name and signed by the Pres i dent or a Vi ce-Pres i dent arid the
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}S.S.
On this the ?!!!- day of /YC'&/u..-tdti!. 19_2-<.~ before me,
the undersigned, a Notary Public in and tor said County and State,
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personally appeared (dAti> 6./ j' (L I A,J(....f, .J /(.
, personally
known to me or proved to me on the basis of satisfactory~vidence to be
the President, and ,7)1'/1,/,4',1:> J./. l~LLI4/lj .LR-
'"
, personally
known to me or proved to me on the basis of satisfactory evidence to be
P' ,..- Secretary of the corporation that executed the within
instrument on behalf of the corporation therein named, and acknow-
ledged to me that suc corporation executed the within instrument
pursuant to its by-I s or a resolution of . board of directors.
'~6~
'~'/r'~~--=-
STATE OF CALlF~NIA
COUNTY OF V;(/i/t'(', E
Signature _
S I ~W^<<:I
TITLE
COMPANY OF SOUTHERN CAUFORNIA
FOR NOTARY SEAL OR STAMP
. Ol'FlCIAl SEAl
VICTOR A GENGLER
· NOTARV PU81.IC-CAlIFOFWl"
. ORANGE COUNTY
MY CaMM. EXP. JAN. 23,1990
1 Secretary or ~ss;stant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider ;s an individual doing business under a fictitious name, it must
4 be signed by all nersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdiv; der.
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