HomeMy WebLinkAbout2012-231 RESOLUTION NO. 2012-231
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17716,
3 LOCATED ON THE NORTH SIDE OF PINE AVENUE BETWEEN OHIO AVENUE
AND BELMONT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE
4 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
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AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 FOR PERFORMANCE SPECIFIED.
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8 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The Mayor and Common Council find that proposed Tract Map No.
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17716, located on the north side of Pine Avenue between Ohio Avenue and Belmont Avenue
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12 in the RL, Residential Low land use district, together with the provisions for their design and
13 improvement, is consistent with the General Plan of the City of San Bernardino.
14 SECTION 2. The City Manager is authorized to execute the standard form
15 Subdivision Improvement Agreement with Pine Trails, LLC, attached and incorporated herein
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as Exhibit A, for the improvements in said Tract Map as are required by Title 19 of the San
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18 Bernardino Municipal Code and the California Subdivision Map Act. The time for
19 performance is as specified in the Agreement. Said improvements are specifically described
20 and shown on Drawings approved and on file in the office of Community Development of the
21 City of San Bernardino.
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SECTION 3. The Final Map of said Tract Map is hereby approved and the City of
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24 San Bernardino hereby accepts as public property all dedications within the subdivision as
25 shown on said Tract Map for streets, alleys (including access rights), drainage and other
26 public easements. As a condition precedent to approval of the Tract Map, the Subdivider shall
27 first execute the Agreement referenced in Section 2 hereof for the improvements within said
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Tract Map limits. The City Clerk shall certify approval and acceptance of the Mayor and
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2 Common Council as set forth in this Resolution.
3 SECTION 4. This Resolution is rescinded if the parties to the Agreement fail to
4 execute it within sixty(60) days of the passage of this Resolution.
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2012-231
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING THE FINAL MAP FOR TRACT MAP NO. 17716,
2 LOCATED ON THE NORTH SIDE OF PINE AVENUE BETWEEN OHIO AVENUE
AND BELMONT AVENUE IN THE RL, RESIDENTIAL LOW LAND USE
3 DISTRICT, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
4 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
5 FOR PERFORMANCE SPECIFIED.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a joint reg nasp— meeting
8 thereof, held on the 4th day of September 2012, by the following vote,to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ x
12 JENKINS x
13 VALDIVIA x
14 SHORETT x
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16 KELLEY x
17 JOHNSON x
18 MCCAMMACK x
19 J
20 t GeorggjAn Hanna, fity Clerk
21 �pr ,
The foregoing Resolution is hereby approved this da y of September 2012.
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24 atric J. Morris, �
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26 Approved as to form:
JAMES F. PENMAN,
27 City Attorney
28 By: ,,,
2012-231
AGREEMENT
(Subdivision Improvements)
�THI AGREEMENT is made and entered into as of this day of
, 2012, by and between the CITY OF SAN BERNARDINO, a Municipal
Corp ation, hereinafter referred to as "City," and Pine Trails Partners, LLC, hereinafter
referred to as"Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map(hereafter called"map")entitled Tract No. 17716; and,
B. WHEREAS, the map has been filed with the City for presentation to the City
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Council (hereinafter called "Council') of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets, highways or public ways
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jand 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 the subdivision, which Plans and Specifications are now on file in the Office of the
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City Engineer of the City; and,
iD. WHEREAS, Council has approved said map and accepted the dedications
j therein offered, or some thereof, on condition that Subdivider first enter into and execute this
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Agreement with the City; and,
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E. WHEREAS, This Agreement is executed pursuant to the provisions of the
{ Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
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acceptance of the dedications, or some thereof, therein offered and in order to insure
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satisfactory performance 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 a good and workmanlike manner, and fumish
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, heretofore 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 work to be within 24 months from the date hereof.
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 Engineer may 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 performance 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 extension.
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 map
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which have been destroyed or damaged, and Subdivider shall replace, or have replaced,
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 by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval,of the City Engineer.
6. Utility Deposits— Statement. Subdivider shall file 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 connection of any and all public utilities to be supplied by such public utility
corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense,
obtain all necessary permits and licenses for the construction of such improvements, give all
necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer on the work at all times during progress, with
authority to act for Subdivider.
9. Inspection by City. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
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work is in preparation.
10. Contract Security. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
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(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvement and acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of
the improvements and acts to be performed as security for the payment of all
persons performing labor and furnishing materials in connection with this
Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated
cost of the improvements and acts to be performed as security for the guarantee
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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.
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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
19 San Bernardino Municipal Code, and the type shall be at the option of and
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subject to the approval of the City Engineer and the City Attorney.
11. Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
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and such insurance shall have been approved by City Attorney as to form, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
carrier.
(a) Worker's Compensation Insurance/Emplover's Liability Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
(b) Public Liability and Property Damage Insurance. Subdivider shall take out and
maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
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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 any one person, and, subject to the same limit 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 any one 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
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cross-liability endorsement, insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and employees, Subdivider
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and any contractor or subcontractor performing work covered by this
Agreement.
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(3) Tail 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 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, or invasion of personal rights, including libel, slander,
malicious prosecution, false imprisonment or mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall famish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten(10) days prior written notice of the cancellation or reduction
in coverage of any policy during the effective period of this Agreement.
j13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
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commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and causes of action of every kind and
character including, but not limited to, the amounts of judgments, penalties, interests, court
costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or compensation, personal
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injuries, including employees of the City, death or damages to property (including property of
the City) and without limitation by enumeration, all other claims or demands of every
character occurring or in any way incident to, in connection with or arising directly or
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indirectly, (including from the negligent performance by its officers, employees, agents) from
the terms of this Agreement, whether such operations/incidents are caused by contractor,
Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or
more persons directly or indirectly employed by or acting as agent for contractor, Subdivider,
or any one of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims
alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its
appointive boards, commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations,provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it
may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all
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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 or not City has prepared, supplied or
approved of Plans 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.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
liability but is intended solely to provide for indemnification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
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.
15. Repair or Reconstruction of Defective Work. If, within a period of one year
after final acceptance of the work performed under this Agreement, any structure or part of
any structure furnished and/or installed or constructed, or caused to be installed or constructed
by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to herein, Subdivider shall,
without delay and without any cost to City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act
promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, make the
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necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to
the City the actual cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Insuection. 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.
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 thereof, or fails to obtain completion
of said work within such time, or if the Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, 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 breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement; Performance by Surety or City. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that if the surety, within five days after the
service 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 performance thereof within five days
after notice to City of such election, City may take over the work and prosecute the same to
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completion, by contract or by any other method City may deem advisable, for the account and
at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess
cost or damages occasioned City thereby; and, in such event, City, without liability for so
doing, may take possession of, and utilize in completing the work, such materials, appliances,
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 delivered in
person or sent by registered mail,postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North"D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
101 moih iyo
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
i Stn i C� �6th�Anv:JAginA. YY1DhY0e-
FDO Y' Su,�e 115a
irle �} lP
Provided that any party or the surety may change such address by notice in writing to the
other party, and,thereafter,notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal representatives, successors, heirs and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
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day and year first above written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Andrea Travis-Miller, City Manager
City of San Bernardino
Approved as to form:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney, By:
By By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the Secretary or Assistant
Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed
by all partners. If the subdivider is an individual doing business under a fictitious name, it
must be signed by all persons having an interest in the business, and the fictitious name must
be signed also. The Agreement must be notarized.
See attached Notary Acknowledgement
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 7788
-
Fof California or 1
nty of f l RQU&.2 Xr�efore me, _E"Ma l� n7 ift _j d(i! LRblic
vUD to / ` D '' �\\ Here Insert Name and To.of the II au
personally appeared �� Vll 5 P w
Namels)oC Sgner(s)
who proved to me on the basis of satisfactory
evidence to be the personXwhose nameJ,$)'is/we
f gtRBARA J. ,,,0, Y subscribed to the within instrument and acknowledged
L) - . Comm 01859150 m to me that he/SbckHey- executed the same in
U '�'' NO*ARv
cauraneLOFOMrjppRNlAO hisAnahiii U authorized capacitySw, and that by
v°°"".E,ri��nze mts 4 hisdwxAWr signaturekW on the instrument the
' ' rvvv'vl personfsror the entity upon behalf of which the
personacted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above I Sign aN Notary Putific
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Documen — 110f
Document Date: Number of Pages: _ _
Signer(s)Other Than Na ed Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Individual ❑Individual HNIMMAN
❑ Partner—❑Limited ❑General Top of thumb here ❑Partner — ❑ Limited ❑General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer is Representing: Signer is Representing:
02010 National Notary Association•NationalNMary.org-1-900-US NOTARY(1-800-8760827) Item 45907