HomeMy WebLinkAboutCC Resolution 7994 (Baywood Terrace)RESOLUTION NO. 7994
RESOLUTION APPROVING FINAL 14AP OF SUBDIVISION
ENTITLED, " MAP OF BAYWOOD TERRACE
TS 80-4.
WHEREAS, the Planning Commission of the City of San Rafael,
State of California, did on July 3 , 1989 , in writing,
recommend to the City Council of said City the approval of the final
map of " MAP OF BAYWOOD TERRACE ", consisting
of four (4) sheets, hereinafter referred to; and
WHEREAS, it appears to said City Council and said City Council
hereby finds and determines said map is in conformity with the re-
quirements of the Subdivision Ordinance, Title 15 of the San Rafael
Municipal Code, and that said City Council is satisfied with the
plan of the subdivision;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of San Rafael, California, that the final map of said sub-
division, approved by the Planning Commission of said City on
June 13 , 19 89, and entitled, " MAP OF BAYWOOD
TERRACE ", be and the same is hereby approved, and that
the City Clerk of said City be and she is hereby authorized and
directed to execute the certificate upon the face of the map of the
approval thereof and, upon the filing with the City Clerk of the
agreement and bond (or deposit) with the approval thereof all as
required by Sections 15.20.060, 15.20.080, and 15.20.090 of said
Subdivision Ordinance, to transmit said map to the Clerk of the
Board of Supervisors of Marin -.County;
IT IS FURTHER RESOLVED that that certain agreement entitled,
"AGREEMENT (SUBDIVISION IMPROVEMENTS) MAP OF BAYWOOD
TERRACE ", being the agreement required.by Section 15.20.080
of said ordinance, shall, when executed and filed by or on behalf
of the subdivider and approved by the City Attorney and City Manager
as provided in Section 15.20.060 of said ordinance, be executed on
behalf of said City by the Mayor and City Clerk, and said officers
are hereby authorized and instructed so to do;
IT IS FURTHER RESOLVED that upon the execution, filing and
approval of said agreement and bond and the recordation of said
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final map, all in accordance with the requirements of said ordinance
appertaining to said agreement and bond and the recordation of said
map, the City accepts the dedication of all public streets, public
utility easements and anchor easements, all as shown thereon for
public use as such, and the City does hereby remove any one (1)
foot non -access strips on any public dedicated right-of-way adjacent
to this subdivision.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 3rd day of July ,
19 89, by the following vote, to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
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6k�;E M. LEO INT, City Clerk
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AGENCY SHOWN _
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A G R E E M E N T
(SUBDIVISION IMPROVEMENTS) t,a
THIS AGREEMENT is made this 3rd
day of July 1989
and is entered into by and between the City of San Rafael, hereinafter
referred to as "City", and NORTH BAY PROPERTIES, INC. ,
hereinafter referred to as "Subdivider" both of whom understand Rs
follows:
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RECITALS:
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Subdivider has presented to City for approval a final subdivi-
sion map (hereinafter called "Map" entitled
BAYWOOD TERRACE SUBDIVISION
The map has been filed with the City Clerk of City for presen-
tation to the City Council of the City for its approval, which map is
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hereby referred to and incorporated herein;
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Subdivider has requested approval of the map prior to the
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construction and completion of improvements, including all streets,
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highways or public ways and public utility facilities which are a part
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of, or appurtenant to, the subdivision (hereinafter called
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"subdivision") designated in the map, all in accordance with, and as
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required by, the plans and specifications for all or any of said im-
provements in, appurtenant to, or outside the limits of subdivision,
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which plans and specifications are now on file in the office of the City
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Engineer of City.
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Council of said City on the 3rd day of July
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i, adopted' its Resaiution approving m..ap, and has acceptad th--
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dedications therein offered, or some thereof, on condition that
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Subdivider first enter into and execute this agreement with City, and
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meet the requirements of said resolution; and
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This agreement is executed pursuant to the provisions of the
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Subdivision Map Act of the State of California and Ordinance No. 546 (as
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amended) of City.
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NOW
THEREFORE, for and in consideration of the approval of the
Map and of the
acceptance of the dedications or some thereof, therein
offered, and
in order to insure satisfactory performance by 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 furnish all required materials, all
under the direction and to the satisfaction of the City
Engineer of City, all of the following work and improve-
ments as shown on the improvement plans dated
June 18. 1989 ; said plans approved and signed by
the City Engineer on July 18, 1989 ; and Subdivider
will comply with all provisions of the San Rafael Municipal
Code, the Subdivision Map Act, and all conditions of ap-
proval of said subdivision map.
Subdivider shall construct and complete all of the improve-
ments, includi„g all, but not limited to, streets, highways
or public ways and public utility facilities which are a
part of, or appurtenant to, the subdivision designated in
said map, all in accordance with, and as required by, said
improvement plans and specifications for all or any of said
improvements in, or appurtenant to, or outside the limits
of said subdivision, which improvement plans and specifica-
tions are now on file in the office of the City Engineer of
City, and Subdivider shall also do all other work and
furnish all other materials necessary in the opinion of the
City Engineer, and on his order, to complete the improve-
ments in accordance with said improvement 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.
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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 the 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 commencement of said
work to be on the 3rd day of July lq 89'and
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for its completion to be within 730 calendar days
thereafter. At least fifteen calendar days prior to the
commencement of work hereunder, Subdivider shall notify
City Engineer in writing of the date fixed by Subdivider
for commencement thereof, so that City Engineer shall bp
able to provide services of inspection.
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 Council
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 Council 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 Replacement.
Subdivider shall replace, or have replaced, or repair, or
have repaired, as the case may be, all pipes and monuments
shown on the map 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
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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 satisfac-
tion, 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 connec-
tion 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.
8. Superintendence by Subdivider.
Subdivider shall give personal superintendence to the work
on said improvement, or have a competent foreman or super-
intendent, satisfactory to the City Engineer, on the work
at all times during progress, with authority to act for
Subdivider.
9. Inspection by City Engineer.
All improvements required hereunder shall be inspected by
City Engineer. Subdivider shall at all times maintain
proper facilities, and provide safe access for inspection
by City Engineer, to all parts of the work, and to the
shops wherein the work is in preparation.
10. Contract Security.
Concurrently with the execution hereof, Subdivider shall
furnish:
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(1) a surety bond in amount equal to at least one hundred
percent of the contract price as security for the faithful
performance of this agreement; and (2) a separate surety
bond in an amount equal to at least fifty percent of the
contract price as security for the payment of all persons
performing labor and furnishing materials in connection
with this agreement. The surety on each of said bonds and
the form thereof shall be satisfactory to the Cite
Attorney.
il. Hold -Harmless Agreement.
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers,
agents and employees, harmless from any liability for
damage or claims for damage for personal injury, including
death, as well as from claims for property damage which may
arise from Subdivider's or Subdivider's contractors',
subcontractors', agents' or employees' operations under
this agreement, whether such operations be by Subdivider or
by any of Subdivider's contractors, subcontractors, or by
any one or more persons directly or indirectly employed by,
or acting as agent for, Subdivider or any of Subdivider's
contractors or subcontractors. Subdivider agrees to, and
shall, defend City and its elective and 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 the deposit with City by
Subdivider, of any of the insurance policies described
in paragraph 12 hereof.
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b. That the aforesaid hold -harmless agreement by
Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations
referred to in this paragraph, regardless of whether or
not City has prepared, supplied or approved of, plans
and/or specifications for the subdivision, or regard-
less of whether or not such insurance policies shall
have been determined to be applicable to any of such
damages or claims for damages.
12. Subdivider's Insurance.
Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance required
under this paragraph, nor shall Subdivider allow any con-
tractor 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 r-quirements herein provided shall appear
either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
a. Compensation Insurance.
Subdivider shall maintain, during the life of this
agreement, Worker's Compensation Insurance for all
Subdivider's employees employed at the site of improve-
ment, and in case any work is sublet, Subdivider shall
require anv contractor or subcontractor similarly to
provide Worker's Compensation insurance for all con-
tractor'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,
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Subdivider shall provide, and shall cause each contrac-
tor and sub -contractor to provide, adequate insurance
for the protection of employees not otherwise
protected. Subdivider hereby indemnifies 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, commissions, officers, agents and
employees, Subdivider and any contractor or subcontrac-
tor performing work covered by this agreement from
claims for damages for personal injury, including
death, as well as from claims for property damage 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 sub-
contractor, or by any one 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 $500,000 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$1,000,000on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less tha4$1,000,000ror damage
to the property of each person on account of any
one occurrence.
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C. Cross -Liability Endorsement.
In the event that any of the aforesaid insurance
policies provided for in this paragraph 12 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain
a standard form of cross -liability endorsement, insur-
ing on such policy City, its elective and appointive
boards, commissions, officers, agents and employees,
Subdivider and any contractor or subcontractor perform-
ing work covered by this agreement.
13. Evidence of Insurance.
Subdivider shall furnish City concurrently with the execu-
tion hereof, with satisfactory evidence of the insurance
required, and evidence that each carrier is required to
give City at least ten days' prior notice of the cancella-
tion or reduction in coverage of any policy during the
effective period of this agreement.
14. Title to Improvements.
Title to, and ownership of, all improvements within ac-
cepted public rights of way and public easements
constructed hereunder by Subdivider shall vest absolutely
in City, upon completion and acceptance of such improve-
ments by City, as evidenced by the filing of the Notice of
Completion with the County Recorder.
15. Repair or Reconstruction of Defective Work.
Subdivider guarantees and warranties all work performed
under this agreement for a period of one (1) year after
final acceptance of the work. If within said one year
period, 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,
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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 case require repairs or replacements to be made
before Subdivider can be notified, 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 (15) percent.
16. Subdivider not Agent of City.
Neither Subdivider nor any of Subdivider's agents or con-
tractors 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 Inspection.
Subdivider shall pay to the City all inspection costs as
required by Section 15.20.070 of the San Rafael Municipal
Code.
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 con-
tractors, 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 declaring breach of this
agreement, or of any portion thereof, and default of
Subdivider.
19. Breach of Agreement; Performanc; of Surety or City.
In the event of any such notice, Subdivider's surety shall
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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 serving upon it 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 completion, by contract
or by any other method City may deem advisable, for the
account and at the expense of Subdivider; and 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 neces-
sary therefor.
20. Notices.
All notices herein required shall be
in writing, and
delivered in person or sent by registered mail, postage
prepaid.
Notices required to be given to City shall
be addressed as
follows:
CITY OF SAN RAFAEL, C/O CITY ENGINEER,
CITY HALL, SAN
RAFAEL, CALIFORNIA.
Notices required to be given to Subdivider
and/or
Subdivider's surety shall be addressed as
follows:
North Bay Properties, Inc.
583 Virginia Drive, Tiburon, CA
94920
provided that any party or the surety may change such
address by notice in writing to the other party, and there-
after notices shall be addressed and transmitted to the new
address.
21. Warranty that Plans and Specifications are Adequate.
Subdivider warrants that the plans and specifications above
described are adequate to accomplish all of the improvement
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work contemplated by thi.; agreement, in a ,cnnd and workman-
like manner. and in accordance with accepted construction
practices. Should said plans, specifications, and/or work
contemplated by this agreement at any time within a period
of one year after final acceptance of the work performed
hereunder prove to be inadequate in any respect, then
Subdivider does agree to make such changes as are necessary
to said plans and specifications and accomplish said work
in a good, workmanlike manner, and in accordance with
accepted construction practices.
22. Attorney's Fees and Expenses of Litigation.
Should City be required to institute legal action to compel
performance of this agreement, Subdivider agrees to pay all
reasonable attorney's fees, costs of suit, and all other
expenses of litigation incurred by City in connection
therewith.
23. "As Built Plans".
A complete improvement and grading plan "as built" shall be
filed with the City Engineer upon completion of the said
work and improvements.
CITY OF SAN RAFAEL
(Sea] ) �• �' `_ i
Mayor
By 4
J`' \ City Clerk
SUBDIIII�IV I D��DEER
(If the Subdivider executing
this agreement is a corporation,
a certified copy of the By -Laws
or Resolution of the Board of Ry
Directors authorizing officers
of said corporation to execute By
this agreement shall be annexed
hereto.)
APPR ED AS TO SUFFICIENCY:
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f City Engineer
Subd6id6r
APPROVED AS TO FORM: (Mayor's and Subdivider's
Signatures must be Notarized)
Citv t"t0rney -
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STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 2nd day of JANUARY 1990, before me, JEANNE M. LEONCINI, a
Notary Public in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRE14CE E. MULRYAN ,
personally known to me {trr-prolre�-tor -me,-on-the-basis-o-f--sat+s+act(jry
-e•v-i4er}ce) to be the Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
JEANNE Y'. L N� NOTA Y UBLIC in and for
said County and State.
I
STATE OF CALIFORNIA ;ss.
COUNTY OF- _..... _— -Marin ..... _....
a�
— On December 13, 1989 _ ,before me, the unrfersignurl, n Notary f uHic in anrf lur
said State, personally appeared _ John S. Hof fmire nud
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lean—L—R ffmiT- . — personally known to me (or proved to me on the
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C: basis of satisfactory evidence) to be the persons who executed the within instrument as—._
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C1 President and Secretary, on behalf of_—_
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SPECIAL MEETING - BOARD OF DIRECTORS
NORTH BAY PROPERTIES, INC.
Reso-lutions to Borrow
A special meeting of the Board of Directors of North Bay Properties,
Inc. was held at 8:00 PM on August 24, 1989, at the residence of the
president, 583 Virginia Dr., Tiburon, CA.
The officers attending were John S. Hoffmire, President and Treasurer,
and Jean L. Hoffmire, Secretary.
A resolution was unanimously passed authorizing the President, John S.
Hoffmire, to sign loan papers, including a Security Agreement and a
Guaranty for a $450,000 short term, working capital loan for the Baywood
Terrace project in San Rafael.
A similar resolution was then passed unanimously authorizing him to
sign loan papers, including a San Rafael Subdivision Improvement
Agreement, MWD Pipeline Extension Agreement, Surety Bonds, and a FCMC
Completion Agreement and a Guaranty for a loan in the amount of
$6,3000,000 for the land acquisition, land improvement, and the
construction of 13 single family homes in the Baywood Terrace project in
San Rafael.
Another resolution was passed unanimously authorizing David C. Hoffmire
to sign indivigually on both the checking account and on the savings
account at the Bank of America, San Rafael, and to have a power of
attorney issued to him for both the President, John S. Hoffmire, and for
the Secretary, Jean L. Hoffmire.
There being no further business on the agenda the meeting was ajourned
at 8:35 PM.
Respectfully submitted,
NORTH BAY PROPERTIES, INC.
Jean L. Hoffmire, Secretary
I, Jean L. Hoffmire, do hereby state that the above minutes were duly
and accurately recorded and that said resolutions were duly recorded in
the minutes book of this corporation and that the officers named in the
resolutions have been duly elected to the offices as stated in the
minutes.
Sworn on August 28, 1989. c�
Jean L. Hoffmire, Secretary