HomeMy WebLinkAboutCC Resolution 7610 (Peacock Estates)RESOLUTION NO. 7610
RESOLUTION APPROVING FINAL MAP OF SUBDIVISION
ENTITLED, " PEACOCK ESTATES if
WHEREAS, the Planning Commission of the City of San Rafael,
State of California, did on September 8 , 19 87, in writing,
recommend to the City Council of said City the approval of the final
map of " PEACOCK ESTATES
of 11 sheets, hereinafter referred to; and
", consisting
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
August 18th , 19 87, and entitled, " PEACOCK ESTATES
", 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) PEACOCK ESTATES
", 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
,. 0 �IG���!. IZN,o
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 useas 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.
IT IS FURTHER RESOLVED that items (c), (d), and (e),
as shown upon the attached amended conditions, shall be conditions
of approval of said final map.
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 8th day of September, 1987, by
the following vote, to wit:
AYES: COUNCILMEMBER: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
JE M. LE0NCINI, City C erk
PEACOCK ESTATES
Brick Barn Parcel Amended Conditions
TS81-5(c)
(a) All previously approved conditions for TS81-5 listed in Exhibit "B"
entitled Tentative Map Conditions of Approval shall be required and
made a part of this time extension, with the exception of amended or
new conditions as identified below.
(b) Condition (0)(7) of TS81-5 is amended as follows: Prior to recordation
of a final map, an irrevokable letter of credit shall be posted with
the City of San Rafael in the amount of $352,000.00 to cover the costs
of stabilizing the Brick Barn building and accomplishment of other
associated tasks outlined as follows:
(1) Stabilization and structural improvements to the Brick Barn so as
to make it safe, earthquake resistant and usable. This work shall
be done under the recommendations of the report prepared by
Interactive Resources, Inc. dated May 21, 1987 (estimate:
$290,000.00) and recommendations of the third party review
prepared by Kariotis & Associates ($30,000.00 addition to cover
inflation and recommendations).
(2) Exterior improvements to the Barn and subject property to include
boarding up of window openings, painting of exterior wood sur-
faces, installation of an eight ft. high fence (as specified in
the staff report) and interim landscaping (hydromulch) (estimate:
$12,000.00)
(3) On-going maintenance of building and site for a four year period
commencing after the time of City/other agency acceptance of the
structure and site should condominiums not be built and dedication
should occur. Maintenance shall be defined as weed
abatement/general grounds maintenance, maintenance of fencing and
building, maintaining security of building (estimate: $10,000.00).
(4) The letter of credit shall include adequate amounts for ad-
ministrative Processing should the City need to collect on the
letter and perform the specified work (estimate: $10,000.00).
(5) Stabilization work shall be completed within 6 months of the
recordation of the final map. Conversion to residential con-
dominium shall be completed within 18 months of recordation of the
final map.
(c) Prior to recordation of the final map the amended assessment package
shall be submitted so that all assessments levied on the Brick Barn are
eliminated and spread over the 41 single family residential lots.
(d) Per condition (k)(1), open space lands (lands identified as parcel B)
shall be placed in a perpetual open space easement with access rights
dedicated to the City. Open space lands shall be maintained in fee by
the Peacock Estates Homeowner's Association.
(e) The final map shall not be recorded with the County until outstanding
assessments are paid and foreclosure matters are dismissed.
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J NOT AMOVID /q CO,as,aK ••C.•-
A G R F. F, M E N T
(SUBDIVISION IMPROVEMENTS)
THIS AGREEMENT is made this 2nd day of May 14 88
and is entered into by and between the ritv of .San Rafael, hereinafter
referred to as "City", and Dividend Developniant Corporatial
hereinafter referred to as "Subdivider" both of whom understand as
follows:
RECITALS:
Subdivider has presented to City for approval a final subdivi-
sion mnp (hereinafter called "Map" entitled
Ptarrx-k f nim 11
-
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
hPreby referred to and incorporated herein;
Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called
"subdivision") designated in the map, all in accordance with, and as
required by, the plans and specifications for all or any of said im-
provements in, appurtenant to, or outside the limits of subdivision,
which plans and specifications are now on file in the office of the City
Engineer of City.
Council of said Citv on the 2nd day of Mav
iR 88 , adopted its Resolution approving map, and has accepted the
dedications therein offered, or some thereof, nn condition that
Subdivider first enter into and execute this agreement with City, and
meet the requirements of said resolution; and
This agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Ordinance No. 546 (as
amended) of Citv.
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copy,
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 Suhdivider's
obligations under said Subdivision Map Act and said ordinance, the
parties agree as follows:
1. Performnnce 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 ns shown on the improvement pians dated
June, 1987 , said plans approved and signed by
the City Engineer on Sept• 18, 1987 ; 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, including 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 comnlete the improve-
ments in accordance with said improvement plans and
specifications on file as hereinhefore 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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7.. Mork; Places and Grades to be Fixed by Engineer.
All of said work is to he done at the places, of the
mnterials, in the manner, and at the grades, all as shown
upon the plans and spPcifications therefor, heretofore
approved by the City Engineer and which are now on file in
his offtre, and to the satisfaction of said City Fng,,neer.
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 May 19 88 and
for its completion to be within 365 calendar days
thereafter. At least fifteen calendar days prior to the
commencement of work hereunder, Subdivider shall notifv
City Engineer in writing of the date fixed by Subdivider
for commencement thereof, so that City Engineer shall be
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
notire to the Subdivider's surety, and Pxtensions 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 iudgP as to
whether or not good cause has been shown to entitle
Subdivider to an extension.
�. Repa i rs and Rep) acement..
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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aunder, whether such property 1 wned 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 Suh,jert to the npprom•al, 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.
S. 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 Citv Engineer, on the work
at all times during progress, with authority to art for
Subdivider.
P. 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.
Conrurrently with the exerution 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 City
Attorney.
11. 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 anv of the
aforesaid operations; provided as follows:
a. That pity 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 requirements herein provided shall appear
either in the body of the insurance policies or as endorse-
ments and shall specifically hind 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 any 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,
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 anN, contractor or suhcontractor 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
claim,, for damagec 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 1,000,000for 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 than4,000,000on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than 500,000for 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 IPast 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,
i.M
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Subdivider @hall 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 sh.+uld 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 perforin 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 thiG agreement.
17.
Cost of Engineering and Inspection.
Subdivider shall pay to the City all inspection costs as
required by Section 15.2n.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
anv 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 SuhdividPr's creditors, or if
a receiver should be appointed 1^ the pent of Suhdivider'q
an—1 venc%, or if Subdivider, or anv of Suhdividpr'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 brparh of this
agreer- nt, or of anv portion the -e. -f, and default of
Suhdi:ldpr.
19.
Breach of APreempnt; Performanc; of Sc,pty or Citi•.
In the event of anv such notice, Suhd: ldPr's suratr Ghn1l
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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 comrrPn,e performRncs- :hereof within five daycz
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 corpleting 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 recistered 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 tc Subdivider and 'or
Subdivider's surety shall be addressed as follows'
provided that any party or the sLrety may change such
address by notice in writing to the other party, and there-
after notices shall be addressed arc trans-itted to the new
address.
21. Warrant}• that Plans and Speciftcat:a-� are AdAouat-.
Subdi%ider warrants that the plans a-❑ snAc:ftcat:on= ab,%-
de.s^ribpd are adequate to accorrnl :s- sl of the irsnrnce,ment
work contemplated by this agreement in a hood and workman-
like manner. and in accordance with accepted construction
practices. Should said plans, specifications, and/or work
contemplated by this agreement at anp time within a period
of one year after final acceptance of the work performed
hereunder prove to be inadequate in anv resnert, then
Subdivider does agree to make such changes as are neces-Rrc
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 nay 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
rf
(Sea!) By <. L,. Cc-<
jjMavor
Citty Clerk
SUBDICIDFR
(If the Subdivider executine
this agreement is a corporatir•n
a certified copy of the By-1,Rw5z
or Resolution of the Board of
Directors authorizing officers
of said corporation to execute
this agreement shall be annexed
hereto.)
APPPDASSUF I Y:
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State of L `. 1 /L On this the rday of9-LL, before me,
SS
County of
I
C7RPnPATF Ar'KNhWF Pnr.-AFNT Ff1P1I 7, -1
STATE OF CALIFORNIA )
COUNTY OF MARIN ss.
the undersigned Notary Public, personally appeared
G�-`personally kndwn to me 6
Ea--p-roved to me on the basis of satisfactory evidence
to}he per on(s) who xecuted the within instrument as
I I �reS I d F or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
A
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Notary's Signature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd • Wradiand Hills. CA 91364
On this 18th day of JULY 1988, before me, JEANNE M. LEONCINI, a
Notary PubFic in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me (o-prcwed-W --mF-GR_the_gasa�-�r#-
1-144 lC-tl) 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 fny hand and affixed my official seal
the day and year in this certificate first above written.
JEANNE 'L-EONCINI, NOTARY PUBLIC in and for
said County and State.
OFFICIAL SEAL
„I 1EANNE M. LEONCINI
I4+a NOTARY PUBLIC - CALIFORNIA
Y y%� KARIN COUNTY
My Com.^.: Expires Nov. 29, 1991
1400 51th ty% P.O. Bc161 Saa Rafael, CA 94915-005.0
OFFICIAL SEAL
ANNA MARIA FLOOD
NOTAR' t'uOLIC - CALIFORNIA
10 P iM,FLES C 11
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C7RPnPATF Ar'KNhWF Pnr.-AFNT Ff1P1I 7, -1
STATE OF CALIFORNIA )
COUNTY OF MARIN ss.
the undersigned Notary Public, personally appeared
G�-`personally kndwn to me 6
Ea--p-roved to me on the basis of satisfactory evidence
to}he per on(s) who xecuted the within instrument as
I I �reS I d F or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
A
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Notary's Signature
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd • Wradiand Hills. CA 91364
On this 18th day of JULY 1988, before me, JEANNE M. LEONCINI, a
Notary PubFic in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me (o-prcwed-W --mF-GR_the_gasa�-�r#-
1-144 lC-tl) 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 fny hand and affixed my official seal
the day and year in this certificate first above written.
JEANNE 'L-EONCINI, NOTARY PUBLIC in and for
said County and State.
OFFICIAL SEAL
„I 1EANNE M. LEONCINI
I4+a NOTARY PUBLIC - CALIFORNIA
Y y%� KARIN COUNTY
My Com.^.: Expires Nov. 29, 1991
1400 51th ty% P.O. Bc161 Saa Rafael, CA 94915-005.0