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HomeMy WebLinkAbout2005-005 Tract 2448 .. ,+ CITY OFATASCADER JULIE RODEINALD ns .VO FEE DOCUMENT CpyTRACT# San Luis Obispo San 5/27/2005 Government Code &6103 Recorded at the request of 8:00 AM RECORDING REQUESTED BY AND Chicago Title Company WHEN RECORDED MAIL TO: D 0 C#: 2005043439 Titles: 1 Pages: 27 Fees 0.00 CITYOF ATASCADERO Taxes 0.00 6905 EI Camino Real, Suite 6 Othe0.00 PAID rs $0.00 Atascadero,CA 93422 Attn: City Clerk The Above Space For Recorder's Use Only O.K. to accept: Subdivision: 1200 La Costa Court (Tract 2448) Date: Name: CS Nino Building Corp., a California corporation Address: APN: Project No.: SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement is made and entered into this tt"day of by and between the City of Atascadero, a municipal co ration, here' after referred to as "City," and CS Nino Building Corp., a California corporation, hereinafter referred to as "Subdivider." RECITALS A. Subdivider has presented to the City a parcel map or final map of a proposed subdivision of land located within the corporate limits of the City that has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the City, and the tentative map of the Subdivision previously approved by the City Council. B. The proposed subdivision of land is commonly known and described as 1200 La Costa Court (TRACT 2448) FINAL MAP 2004-0073, and is hereinafter referred to as the "Subdivision" or the "Project." R ( c' (- tvta 4.7, a�,� 3��>(c. D,1" E�( C. Subdivider has requested approval of the parcel map or final map prior to the construction and completion of the public improvements, including, but not limited to streets, highways,public ways, sidewalks, curbs, gutters, storm drainage facilities,public utility facilities, design standards which are part of the provisions for lot grading and drainage in or 1 Revised February 15,2005 789186.1 appurtenant to the Subdivision, and other public improvements that are required by the Subdivision Map Act, the subdivision ordinances of the City, the tentative map (and approvals given in connection therewith), and final grading plan, if any, approved by the City. The foregoing improvements are hereinafter referred to as "the Required Improvements." NOW, THEREFORE, the parties agree as follows: 1. Performance of Work. Subdivider agrees to furnish, construct and install at Subdivider's own expense the Required Improvements as shown on the plans and specifications of the Subdivision, a copy of which is on file in the office of the City Engineer, and is incorporated herein by reference, along with any changes or modifications as may be required by the City Engineer or the City Engineer's designee (hereinafter"City Engineer") due to errors, omissions, or,changes in conditions. The plans and specifications of the Required Improvements may be modified by the Subdivider as the development progresses, subject to the prior written approval of the City Engineer. The total estimated cost of the Required Improvements, as determined by the City Engineer, is $608,938. 2. Work; Satisfaction of City Engineer. All of the work on the Required Improvements is to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's Improvement Standards and Specifications, to the satisfaction of the City Engineer. 3. Injury to Public Improvements Public Property or Public Utilities Facilities. Subdivider shall replace or repair, or have replaced or repaired, all public improvements,public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement,whether such property is 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 any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer. 4. Inspection. Subdivider shall, at all times,maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's representative. If the City Engineer or the designated representative determine that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Subdivider shall bear all costs of plan check, inspection and certification. 5. Subdivider's Obligation to Warn Public During Construction. Until final acceptance of the Required Improvements, Subdivider shall give good and adequate warning to 2 Revised February 15,2005 789186.1 the public of each and every dangerous condition existing in said improvements, and will take reasonable actions to protect the public from such dangerous condition. 6. Superintendence by Subdivider. Subdivider shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and to act for Subdivider in Subdivider's absence shall be available on the job site within three (3)hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements. 7. Work; Time for Commencement and Performance. Work on the Required Improvements has been commenced by the Subdivider or shall commence on or before the 1"day of April 2005, and Work on the Required Improvements shall be completed on or before the 1" day of April 2006; provided,however, that the Required Improvements shall not be deemed to be completed until accepted in writing by the City. 8. Time of Essence; Extension. a. Time is of the essence of this Agreement. The dates for commencement and completion of the Required Improvements may not be extended, except as provided in this paragraph. The City Engineer may extend the dates due to delays in the work actually caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom, or for other reason beyond the control of the Subdivider. Extensions shall be granted only upon a showing of good cause by the Subdivider. The City Engineer shall be the sole and final judge as to whether good cause has been shown to entitle the Subdivider to an extension. b. Requests for extension of the commencement and/or completion date shall be in writing and delivered to the City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City. C. In the event the City extends the time of commencement and/or completion of the Required Improvements, such extension may be granted without notice by the City to the Subdivider's surety and shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time. d. In granting any extension of time,the City may require new or amended improvement security in amounts increased to reflect increases in the cost of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements. 9. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for utility and cable television undergrounding and/or relocation which is not the responsibility 3 Revised February 15,2005 789186.1 of the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law. 10. Improvement Security. Concurrently with the execution of this Agreement, the Subdivider shall furnish the City with: a. Faithful Performance Security. Subdivider shall provide faithful performance security to secure faithful performance of this Agreement(the "faithful performance" security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer. b. PM hent Security. Subdivider shall also provide payment security to secure payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the work(the "payment security"). This security shall be in the amount of fifty percent(50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer and shall secure the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. C. Guarantee and Warranty Security. Subdivider shall also file with this Agreement a"guarantee and warranty security" in the amount of ten percent(10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished. d. Monument Security. Subdivider shall also file with this Agreement a "monument security" in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments in the Subdivision, as determined by the City Engineer, to guarantee and secure the placement of such monuments. e. Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as "admitted surety insurers,"to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. All bonds must be approved by City. The bonds shall be furnished on the forms enclosed following this Agreement or any other form satisfactory to the City. Provided,however, all required securities shall be in a form approved by the City Attorney. The surety(or sureties) shall furnish reports as to its financial conditions from time to time as requested by the City. The premiums for said bonds shall be paid by Subdivider. f. No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. g. The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in paragraph 11. All securities provided pursuant to this Agreement shall expressly obligate the 4 Revised February 15,2005 789186.1 surety for any extension of time authorized by the City for Subdivider's completion of the Required Improvements,whether or not the surety is given notice of such an extension by the City. h. The Attorney-in-Fact (resident agent)who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. 11. Release of Security. a. Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. b. Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3114),but in no event shall such security be released prior to one hundred and twenty(120) days after acceptance of the Required Improvements. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney's fees. C. Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements. d. Monument Security. The monument security may be released upon acceptance of the required monument installation by the City Engineer. 12. Inspection and Other Fees. The Subdivider shall pay to the City all fees imposed in connection with the construction and inspection of the Required Improvements. These fees must be paid in full prior to the City's acceptance of the Required Improvements. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Subdivider from paying such other applicable fees, charges, or costs. 13. Defense Indemnification and Hold Harmless. The Subdivider shall defend, indemnify, and hold harmless the City, its officers, employees, agents, and elective and appointive boards from any and all claims, losses, damages, including property damage,personal injury, including death, costs, including attorney fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the 5 Revised February 15,2005 789186.1 Subdivider, contractor or any subcontractor, save and except those matters arising from the negligence or willful misconduct of the City. This defense, indemnification and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same. Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense, indemnification and hold harmless provision. T-he�rtir�s-Znteir ' ��»�Com" -�✓ 14. Environmental Warranty. a. Prior to the acceptance of any dedications or improvements by City, Subdivider shall certify and warrant that,to the best of Subdivider's knowledge: (1)neither the property to be dedicated nor Subdivider are in violation of any environmental law; (2)neither the property to be dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law; (3)neither Subdivider nor any third party will use, generate, manufacture,produce, or release, on, under, or about the property to be dedicated, any hazardous substance, except in compliance with all applicable environmental laws; (4) subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; (5) subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of: Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability,or suit under any environmental law. b. As used in this Agreement,the term "hazardous substance" includes any hazardous or toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleum hydrocarbons, asbestos,radon,polychlorinated biphenols (PCBs), or any other chemical,material, controlled substance, object, condition,waste, living 6 Revised February 15,2005 789186.1 organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity,phytotoxicity, infectiousness or other harmful properties of effects, which is now, or in the future becomes, listed, defined or regulated in any manner by any federal, state, or local City based directly or indirectly upon such properties. 15. Subdivider's Insurance. a. Subdivider Shall Maintain Insurance. Subdivider shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Agreement, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with an A.M. Best rating of no less than A:VII. b. Subdivider to Provide Evidence of Insurance. Prior to the execution of this Agreement and prior to the commencement of any work, the Subdivider shall furnish to the City, and the City must approve, original certificates of insurance and endorsements effecting coverage for all policies required by the Agreement. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance first shall have been so obtained by such contractor or subcontractor. Certificates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf. Certificate of insurance and endorsements shall be on the appropriate Acord form, Department of Insurance, and Insurance Services Office approved forms or on forms approved by the City. As an alternative to providing the City with approved forms of certificates of insurance and endorsements,the Subdivider may provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by this Section. At any time, at the written request of the City, Subdivider agrees to furnish one or more copies of each required policy including declarations pages, conditions, provisions, endorsements, and exclusions. Such copies shall be certified by an authorized representative of each insurer. C. No Suspension of Insurance. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, terminated by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice by certified mail, return receipt requested,has been given to the City. d. Deductibles. Any deductibles, or self-insured retentions, exceeding five thousand dollars ($5,000)must be declared to, and approved by,the City. Upon request by the City, Subdivider shall demonstrate financial capability for payment of such deductibles or self-insured retentions. e. Coverages Shall Not Limit Obligations. The requirement as to types, limits, and the City's approval of insurance coverage to be maintained by Subdivider are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Subdivider under the Agreement. f. Required Limits. Subdivider and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the term of this Agreement,not less than 7 Revised February 15,2005 789186.1 the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance of Subdivider and its contractors and subcontractors of the following coverage and limit of insurance is a material element of the Agreement. The failure of Subdivider or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Agreement. (1) Workers' Compensation Insurance. Subdivider shall maintain, until the City has accepted the improvements and the guarantee and warranty period has expired, Workers' Compensation insurance for all of Subdivider's employees as required by Labor Code section 3700 of the State of California and Employer's Liability Act, including Longshoremen's and Harbor Workers' Act("Acts"), if applicable. Employer's Liability limits shall not be less than one million dollars ($1,000,000)per occurrence. The Subdivider shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and employees for losses arising from work falling within the terms of this Agreement. Subdivider shall indemnify and hold harmless the City for any damage resulting to it, including attorney fees, from failure of either Subdivider or any contractor or subcontractor to take out and maintain such insurance. (2) Commercial General Liability Insurance. Subdivider shall maintain,until the City has accepted the improvements and the guarantee and warranty period has expired, such commercial general liability insurance as shall insure the City, its elective and appointive boards and commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement. The insurance shall include,but not be limited to,protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, or operations of Subdivider, any contractor's or subcontractor's operations hereunder, whether such operations are by Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor. The amount of insurance coverage shall not be less than one million dollars ($1,000,000)per occurrence and two million dollars ($2,000,000)per policy aggregate. As an alternative to the policy aggregate the Subdivider may have an aggregate limit of one million dollars ($1,000,000)per project apply. Coverage shall be at least as broad as Insurance Services Office "occurrence form CG 00 01 (ed. 10/01)" covering commercial general liability or its equivalent. (3) Endorsements. Subdivider shall see that the commercial general liability insurance shall include, or be endorsed to include,the following: (a) Provision or endorsement naming the City of Atascadero, its officers, employees, agents,boards, commissions, and volunteers as Additional Insureds with respect to liability arising out of the performance of any work under this Agreement. (b) Provision or endorsement stating that insurance is Primary insurance with respects the City, its officers, employees, agents,boards, commissions, and volunteers,to the extent the City is an additional insured. Any insurance or self-insurance 8 Revised February 15,2005 789186.1 maintained by the City, its officers, officials, employees, agents, boards, commissions, and volunteers shall be excess of the Subdivider's insurance and shall not contribute with it. (c) Provision or endorsement stating that the Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (cross-liability). (d) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to the City, its officers, employees, agents, boards, commissions, and volunteers. 16. Prevailing Wage. In the event it is determined that the Subdivider is required to pay prevailing wages for the work performed under this Agreement, the Subdivider shall pay all penalties and wages as required by applicable law. 17. Title to Required Improvements. The City shall not accept any real property to be dedicated or the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Required Improvements are accepted by the City, Subdivider shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of any real property to be dedicated and the Required Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City. 18. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance by the City Council of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement materially 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, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Subdivider fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent(15%)within thirty(30) days of the date of billing for such work by City. 19. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 9 Revised February 15,2005 789186.1 20. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Required Improvements within such time; if 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. In the event of Subdivider's default, Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdivider and Subdivider's surety, if any, of the breach of this Agreement. Subdivider shall have fifteen(15) days from receipt of written notice by City to cure any default. a. City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. City shall have the right, subject to this section,to draw upon or utilize the appropriate security to mitigate City damages in event of default by Subdivider. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, City damages for Subdivider's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by City for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. The improvement security includes the Payment Security, Faithful Performance Security, guarantee and Warranty Security, Monument Security and any other improvement security required by Section 10 of this Agreement. b. In the event of Subdivider's default under this Agreement, Subdivider authorizes City to perform such obligation twenty(20) days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cost of such performance by City. C. 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 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 for performance of the work. d. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all the lots in the Subdivision. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be within the discretion of City. 10 Revised February 15,2005 789186.1 e. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. f. The failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent default or breach of Subdivider. g. Subdivider recognizes that by approval of the final map for Subdivision, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider's failure to perform its obligations under this Agreement, including,but not limited to, Subdivider's obligation to complete construction of the improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by Subdivider. 21. Building Permit Sign-Off or Issuance of Certificate of Occupancy. The City will not final or sign off as complete any building permit or issue any certificate of occupancy for any building constructed within the Subdivision without the approval of the city Engineer. 22. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail,postage prepaid. Notices required to be given to City shall be addressed as follows: City Engineer CITY OF ATASCADERO 6905 El Camino Real, Suite 6 Atascadero, CA 93422 Notices required to be given to Subdivider shall be addressed as follows: CS Nino Building Corp. 4401 El Camino Real Atascadero, CA 93422 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 23. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. 24. Attorney Fees. In the event any legal action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, in addition to any other relief to which it may be entitled. 11 Revised February 15,2005 789186.1 25. Personal Nature of Subdivider's Obligations/Assignment. All of Subdivider's obligations under this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement, and Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of the City. 26. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Required Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall be commenced before: a. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Required Improvements, or b. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law. Subdivider shall comply in all respects with any such order of possession. Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Subdivider for completion of the Required Improvements. 27. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including,but not limited to, obtaining all applicable permits and licenses. 28. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance. 29. Approvals by City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City. 30. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement. 31. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. A memorandum of this Agreement in the form attached hereto shall be recorded in the Office of the Recorder of Sacramento County concurrently with the final map or parcel map of the Subdivision. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property within the Subdivision. 12 Revised February 15,2005 789186.1 32. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. 33. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Sacramento, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California. 34. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral. 35. Modification. This Agreement may be amended only by a written instrument signed by the parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by the Subdivider. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CITY OF ATASCADERO By: fk& � Wade G. McKinney City Manager ATTtST9 i?,, arciA M. TOggilqn, City Clerk T0 FORM: I�Rit r ZZ Patrick E , City Attorney SUBDIVIDER CS Nino Building Corp., a California corporation By: (Print Name &Title) 13 Revised February 15,2005 789186.1 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Atascadero, State of California, and CS Nino Building Corp. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified Final Parcel Map 2004-0073 (Tract 2448), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. �.\�C,- NOW, THEREFORE, we, the Principal and , as surety, are held and firml bound unto the City of Atascadero hereinafter called `City"), in the penal sum of LC1L �04t,i (5 ($c,&9 � lawful money of the United States, for the payment of which sum well and truly to be ma e,we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 14 789186.1 IN WITNESS WHEREOF,this faithful performance bond has been duly executed by the Principal and surety above named, on this day of February 2005. �,r , . Imo!c J��� Principal: Name of Suretf CS Nino Building C r a California corp By: Title: Mailing Address of Surety and By: Telephone No. of Surety Title: By: IV. N Attorney in Fact NOTE: If Principal is a partnership, all partners should execute the bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California. NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in Sacramento County. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an"admitted surety insurer." APPROVAL: Bonds must be approved by City. REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of Sacramento County that the certificate of authority of the insurer has not been surrendered,revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent)who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney 15 789186.1 as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. 16 789186.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ -, _ .--.- .❑� _ � _- ❑ _ ,_ ,_ __ _: _-. - - -�_ . > - __ � a ._� ,� State of California 1 ss. County of� n I i On �1 2 20before me, ilc�Q Wheeler I loo ar P )iC� Da e ('� Name and Title of Officer(e.g.,"Jane Doe,Notary'Public") personally pp � ���i� ! ���(1� i a eared Name(s)of Signer(s) yy ``personally known to me f'j proved to me on the basis of satisfactory i evidence 11 to be the persor44 whose named is I dr subscribed to the within instrument and JESSICA WHEELER acknowledged to me tha he ell executed (D COMM. #1421335 the same in his authorized cc m NOTARY PUBLIC-CALIFORNIA ow capacity(.iss), and that by is lae4tfeir ii SAN LUIS OBISPO COUNTY signature4on the instrument the person(; or , My Comm.Expires MAY 31,2007 �h the entity upon behalf of which the persons}- acted, executed the instrument. WITNESS my hand and official seal. ':�� Signature of Not�I�Wfic f,l OPTIONAL Though the information below is not required by law,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 i Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ' Capacity(ies) Claimed by Signer � Signer's Name: ` ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: 240•Chatsworth, 91313-2402 io alnot�� P Prod.No� Reorder:' al�lToll-Fre�87�2� ©1999 National Notary Association 9350 De Soto Ave.,P O CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of11 i On� 1 �� « before m1cX� ' CUo- � �1�,. Date Name and Title of Officer(e.g.,"Jane DoeN , otary Public") personally appearedr��a i Names)of Signer(s) � �4ersonally known to me proved to me on the basis of satisfactory evidence to be the personE4 whose names) is eye- subscribed to the within instrument and JESSICA WHEELER acknowledged to me that&shemt ey executed WNOTARY COMM.#1421335 the same in &hertieir authorized i PUBLIC-CALIFORNIAcapacity{iee), and that by his 1464t4eir¢ AN LUIS 08M COUNTY signatures}on the instrument the person(s), oromm.Expires MAY 31,2007 the entity upon behalf of which the personk4 acted, executed the instrument. 1 WITNESS my hand and official seal. l �• Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent {3 fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ' XDocument Date: Number of Pages: I� Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer ? Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): II- ❑ Partner—❑ Limited ❑General i ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 PAYMENT BOND WHEREAS, the City Council of the City of Atascadero, State of California, and CS Nino Building Corp (hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified as Final Parcel Map 2004-0073 Subdivision Tract 2448, is hereby referred to and made a part hereof, and WHEREAS,Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Atascadero to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Atascadero and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Loc- *. % ^t-15-� ($ ) b L- ,Ll 9q ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemploymenta Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney fees, incurred by City in successfully enforcing the obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. 17 789186.1 IN WITNESS WHEREOF,this payment bond has been duly executed by the Principal and surety above named, on this day of February 2005. l� c,NC �4 !> Principal: Name of S rety H CS Nino Building , a California co By: Title: i S�106 ecj 5c'j," Mailing Address of Surety and T5 nc) By: Telephone No. of Surety Title: By: K Attorney in Fact NOTE: If Principal is a partnership, all partners should execute the bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in California. NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in Sacramento County. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an"admitted surety insurer." APPROVAL: Bonds must be approved by City. REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of Sacramento County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. 18 789186.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I. State of California ss. County ofn Onf�..-X�l d L� ��11/`J before m1� ` I Da Name and Title of Officer(e.g.,"Jane Doe,Nbtary Public") personally appeared �i0� ',� Name(s)of Signer(s) impersonally known to me � ❑ proved to me on the basis of satisfactory ( evidence to be the person{4 whose nam is subscribed to the within instrument and JESSICA WHEELER acknowledged to me hat he executed g � •+" the same in hislh4ii4f eir authorized i COMM. #1421335 $ capacity+k-*, and that by hisJ#eAeir m NOTARY PUBLIC-CALIFORNIA a SAN LUIS OBISPO COUNTY signatures on the instrument the person(&, or My Comm.Expires MAY 31,2007 the entity upon behalf of which the person(&� acted, executed the instrument. 1 I WITNESS my hand and official seal. ( Signat�N.Ia,Public � OPTIONAL Though the information below is not required by law,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 Document: Document Date: Number of Pages: E<; Signer(s) Other Than Named Above: k Capacity(les) Claimed by Signer Signer's Name: _ fl [I Individual Top of thumb here ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: ) ,, ©1999 National Notary Association•9350 De Soto Ave.,P.O Box 2402•Chatsworth,CA 91313-2402 www.uationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t State of California �5 ss. � County of f 11 �blCi_ _ S I i n. On ocC �� �y beforeme(. ��VC`�i .lr�f'rw� t"1� 1lel Date Name and Ttle of Officer(e.g.,"Jane Doe,Nckary Public') personally appeared Nanne(s)of Signer(s) `personally known to me i /❑� proved to me on the basis of satisfactory evidence 11 to be the person4;)-whose name{,;)&aFe- subscribed to the within instrument and JESSICA WHEELER acknowledged to me that he&heFt+3ey executed c� COMM.#1421335 $ the same in f37P&4+geir authorized 'j m NOTARY PUBLIC-CALIFORNIA capacity(i"s and that by hi berflhetr Q SAN LUIS OBISPO COUNTY signature(&)-on the instrument the person(;;, or My Comm.Expires MAY 31,2007 the entity upon behalf of which the person(;41 ,` acted, executed the instrument. „�'� �y WITNESS my hand and official seal. I � j Signature of Notary Public I, ( OPTIONAL I Though the information below is not required by law,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 i Title or Type of Document: Document Date: Number of Pages: I Signer(s)Other Than Named Above: I i Capacity(ies) Claimed by Signer Signer's Name: l Top of thumb hereI ❑ Individual ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator I� ❑ Other: j3 i1 Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 1, POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent)who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. 19 789186.1 r • t SUBDIVISION MAINTENANCE BOND GUARANTEE AND WARRANTY SECURITY WHEREAS, the City Council of the City of Atascadero, State of California, and CS Nino Building Corp ("Principal") have entered into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance, which said agreement identified as Final Map 2004-0073 Subdivision Tract 2448 is hereby referred to and made a part hereof, and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of said agreement. NOW, THEREFORE, we, the Principal and a , admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto the City of Atasca ero as obligee ("City"), in the penal sum of LOC � z� ;L($ �Iy)on ) dollars lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The sure waives all rights of subrogation against the City or any person employed by the City. 23 789186.1 r IN WITNESS WHEREOF, this subdivision maintenance bond guarantee and warranty security has been duly executed by the Principal and surety above named, on this day of Feb=nw✓' 2005. �i?4 Principal: Name of S ety CS Nino Buildin orp. a California c i By: Title: Mailing Address of Surety and OD By: ^ Telephone No. of Surety Title: w� — Lem By: I� Attorney in Fact NOTE: If Principal is a partnership, all partners should execute the bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in California. NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in Sacramento County. MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an"admitted surety insurer." APPROVAL: Bonds must be approved by City. REQUEST TO INSURER TO SUBMIT DOCUMENTS: Execution of this document shall constitute the City's formal request to the insurer to provide the City with an original of a certificate from the clerk of Sacramento County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent)who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney 24 789186.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County ofC1 1. ��� On�l��l 1 before me� �'��J1� I �1 lr_G �' C r ! W Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared 2A-e,- \no Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence i to be the persor4c+ whose nameO is are- �� subscribed to the within instrument and � acknowledged to me that&&4eAliey executed ' JESSICA WHEELER the same in hi9hefMieir authorized •'" capacityoeo, and that by iI�t4" k' COMM.X1421335 signature4on the instrument the person(s), or a NOTARY PUBLIC-CALIFORNIA Q SAN LUIS OBISPO COUNTY the entity upon behalf of which the person(s}- My Comm.Expires MAY 31,2007 acted, executed the instrument. WITNESS my hand and official seal. i f? Signature of Notary Public OPTIONAL I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: f I E,, Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-t=act ❑ Trustees ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: ,i ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www,nationainotary.org Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cc ? State of California ss. County of C_ �.l�V � l(1 i ! On '1, 2-`1 `2cosbefore meQ_�-�I ha�tg 1 1"11�`I cp ( A oat e Name and Title of Officer(e.g.,"Jane D , ublic personally appeared Name(s)of Signers) personally known to me proved to me on the basis of satisfactory t< evidence S to be the persor44 whose name�4 is/`a•re— subscribed to the within instrument and acknowledged to me thatas4e�ey executed JESSICA WHEELER the same in SIS �(s/lett authorized COMM.x!1421335 Zt l I m NOTARYPUBLIC-CALIFORNIA capacityEies}, and that by is Merkheir f SAN LUIS OBISPO COUNTY signature(e}on the instrument the person(s), or My Comm.Expires MAY 31,2007 the entity upon behalf of which the person(-,- acted, executed the instrument. jJI WITNESS my hand and official seal. ,? Signature of Notary Public � OPTIONAL f, Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent E11 fraudulent removal and reattachment of this form to another document. t Description of Attached Document � I Title or Type of Document: „ 1 k%S Document Date: Number of Pages: )� E 1 Signer(s)Other Than Named Above: ! Capacity(les) Claimed by Signer Signer's Name: WWI, - i ❑ Individual Top of thumb here t,I I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact c ! ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association 9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 END OF DOCUMENT