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HomeMy WebLinkAboutResolution No. 6616 (Shoreline Park Improvement Preliminary)o RESOLUTION NO. 6616 ------ RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON SHORELINE INDUSTRIAL PARK IMPROVEMENT ASSESSMENT DISTRICT III The City Council of the city of San Rafael resolves: 1. Petition for the improvements to be made by special assessment proceedings within the boundaries of the map entitled, "Proposed Boundar ie s of Shoreline Industr ial Park Improvement Assessment District III, City of San Rafael, County of Marin, State of California," which said map is on file in the office of the City Clerk of the City of San Rafael, is incorpora ted herein by this reference as though .fully set forth here in. 2. The Certificate of the Director of Public Works of the City of San Rafael certifying that the petition hereinabove referred to was signed by the owners of more than sixty percent (60%) of the area of the property described in said petition, is incorporated herein by this reference as though fully set forth here in. 3. It is hereby found, determined and ordered that the Director of Public Works of the City of San Rafael shall be Engineer of Work. It is further ordered that Hoffman & Albritton shall be Project Engineer in accordance with the terms and conditions of said engineer's contract to be entered into. It is further ordered that Sturgis, Ness, Brunsell & Sperry a professional corporation, Attorneys at Law, Emeryville, California, shall be Special Bond Counsel to prepare all proceedings in accordance with the terms and conditions of the contract to be entered into. 4. Said district shall be known and designated as Shoreline Industrial Park Improvement Assessment District III, City of San Rafael, Marin County, California. 5. The district which shall bear the cost and expenses of said improvements, including all incidental expenses, and which is to be assessed to pay for the cost thereof, is that district shown on a map which is on file in the GliNA " RESOLUTION NO. 6616 office of the City Clerk of the City of San Rafael, which is designated, "Proposed Boundaries of Shoreline Industrial Park Improvement Assessment District III, City of San Rafael, County of Marin, State of California." 6. Said special assessment proceedings are to be taken under the provisions of the Municipal Improvement Act of 1913, with bonds to be issued under the provisions of the Improvement Bond Act of 1915. 7. The owners of property within the boundaries of said proposed district have waived all investigation proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. 8. Tuesday, the 6th of September, 1983, at the hour of 8:00 o'clock P.M. of said day, is hereby fixed as the day and hour, and the meeting place of the City Council of the City of San Rafael, located in the Council Chambers of the City of San Rafael, 1400 Fifth Avenue, San Rafael, California, as the place, when and where any and all persons interested may appear and show cause why the City Council should not find and determine that the public convenience and necessity require the said proposed improvements to be made in said proposed assessment district, without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. 9. The time and place of hearing shall be given in accordance with the provisions of Ordinance No. 590 of the City Council of the City of San Rafael. * * * 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 15th day of August, 1983, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS: None -.. A G R E E MEN T (Subdivision Improvements) T<a k./l-U~ IPS ~,~~ 1'i{;;/f~ THIS AGREEHENT is made this 15th d?lY of August , 1983, and is entered into by and between the City of San Rafael, hereinafter referred to as "City", and Cal-Pox, Inc., hereinafter referred to as "Subdivider", both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdiv~sion map and a final parcel map (hereinafter called "Map") entitled "Shoreline Industrial' 'Park"· and" Shoreline Indust.rial Park II." 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 (here- inafter called "Subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of City. Council of said City on the 15th day of August ,19~, adopted its Res~lution approving Map, and has accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with City and meet the requirements of said Resolution. 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 City. NO~~, THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the declarations or some there- of, therein offered, and in order to insure satisfactory per- formance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said ordinance, the parties agree as follows: 1. Performance of Work. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike 1, • [(r' ........ . , ./ 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 improvements within (and/or without) the Subdivision, so that the same will be consistent with the Planning Commissions' conditions of approval and the requirements of any other regulatory agencies that might have jurisdiction, to-wit: Construct and complete all of the improvements, including all, but not limited to, streets, highways or public ways and public utility facilities and levee improvements which are a part of, or appurtenant to, the subdivision designated in said Map, all in accordance with, and as required by, the plans and speci- fications for all or any of said improvements in, or appurtenant to, or outside the limits of said subdivision, which plans and specifications 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 improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer. All of said work is to be done at the places, of the materials, in the manner and at the grades, all as shown upon the plans and specifications therefor, heretofore approved by 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; Phasing. (a) Subdivider shall be permitted to develop the Subdivision, including the construction of streets, highways, public utility facilities and other public improvements, in accordance with that certain Phasing Diagram heretofore filed with the City by Subdivider. Such development phasing shall be in accordance with the following sequence as shown on that certain phasing map attached hereto as Exhibit "A" and incorporated herein by reference: Phase 1, lots 1-4 of Shoreline lnd.~Uial ,Eark :ahd lots 1-4 and 17-20 of Shoreline Industrial Park II. Phase 2, lots 5-8, IS, 16 & 21-24 of Shoreline In~ustrial Park II. Phase 3, lots 9-14, 25-27 of Shoreline :Industrial Park II. (b) City shall not issue any building permit for the private development of any lot within any phase of the Subivision, nor shall the Subdivider sell or convey any individual lot within such phase, until the construction of all of the streets, high- ways, public utilities facilities and other public improvements for said phase has been secured, either through the recording of assessments or the posting of bonds or a letter of credit pur- suant to paragraph 10. Provided, however, that the provisions hereof shall not preclude the sale or conveyance as a unit by Subdivider of all lots within a given phase. In the event of any such sale, the provisions hereof shall be binding upon the purchaser and his successors in interest. -2- (c) City hereby fixes the time for the commencement of said work to be on the day of , 1983, and for its completion to be within eighteen (18) months thereafter. At least fifteen (15) 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 be able to provide services of inspection. At completion of Phase 1 improvements, Subdivider shall thereupon commence work on the improvements for Phase 2 and shall complete Phase 2 improvements within eighteen (18) months thereafter. Upon completion of Phase 2 improvements, Subdivider shall there- upon commence work on the improvements for Phase 3 and shall complete Phase 3 improvements within eighteen (18) months there- after. 4. Time of Essence -Extension. Time is of the essence in this Agreement; provided, that in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map 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 ~ntire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deposits -Statement. Subdivider shall file with the City Clerk, prior to the commencement of any work on any phase to be performed within the area delineated on the Map, a written statement signed by Sub- divider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corp- oration within said phase of the Subdivision. -3- - 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 superintendent, 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. / / / / / / / / / / / / / / / / / / / / / / / -4-(n) ~' 10. ~ontract Security and Financing of Improvements. (a) Concurrently with the execution hereof, Subdivider shall file with the City fully executed petitions for the cre- ation of three special assessment districts corresponding to the three phases of the subdivision. Subdivider will thereafter cooperate with City in prosecuting to completion in a timely fashion the formation of said districts and the levy of assess- ments. Prior to the time of the setting of a date for the receipt of bids for the construction of improvements in anyone of the districts, Subdivider shall notify City, in writing, of Subdivider's desire to proceed to construct or cause to be constructed the public improvements in one of the three following ways: . (1) The construction of the improvements by City pursuant to the provisions of the assessment district proceedings and the issuance of bonds by City to fund the cost thereof. (2) The construction of the improvements by Subdivider following the completion of which City will amend the assessment district proceedings to acquire the improvements from Subdivider and to issue bonds of City to fund the cost thereof. (3) The construction of the improvements by Subdivider without the use of special assessment proceedings. The use of option (2) as hereinabove set forth by Subdivider shall be subject to such terms and conditions as City may require in connection therewith. In the event of the use of assessment proceedings under the terms of option (1) or (2), the assessment of the costs therefor shall be charged against the lands benefiting from said improvements, including the lands of the Subdivider. Subdivider agrees that if initial assessments are, in any case, inadequate to finance the construction or acquisi- tion of the required improvements, City shall have jurisdiction to levy, and Subdivider shall consent, in writing, to the levy of supplemental assessments for the purpose of completing the required improvements. 4 (b) - If, at any time, City in its absolute discretion determines that the assessment proceedings referred to herein are inadequate to secure construction of the required improve- ments, City may require and Subdivider shall provide additional security satisfactory to City to guarantee completion of the improvements. (b) In the event Subdivider shall elect to construct the improvements for any phase of the subdivision through option (3) as hereinabove set forth, Subdivider, prior to the time fixed for the commencement of construction of the improve- ments for such phase, shall furnish to City: (i) A surety bond or approved irrevocable letter of credit in an amount equal to at least one hundred percent (100%) of the contract price of the improvements for such phase "to serve as security for the faithful performance of this Agreement; and, (ii) A separate surety bond or approved irrevocable letter of credit in an amount equal to at least fifty percent (50%) of the contract price of the improvements for such phase as security for the payment of all persons performing labor and furnishing materials in connection with the construction of such improvements. Should City extend the time for completion of any of the improvements hereunder, such extension may be granted without notice to the surety on any such bond, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. 4 (c) 11. Hold-Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and ·appointi ve. boards, ·commissions I officers, agents and employees, harmless from any liability for damage o~ claims for damage for personal injury, including death, as well as. from claims for property damage , ... hich may arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operation be by Subdivider or by any of Subdivider's contractors, sub- contractors, or by anyone 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, . cowmissions, officers, agents or 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 follmvs: (a) That City does not, and shall not, waive any rights against Subdivider \-lhich it may have by reason of the aforesaid hold~harmless agreement, because of the acceptance by City, or the deposi t \.1i th City by Subdivider, or any of the insurance policies described in paragraph 12 hereof. (b) That the aforesaid hold-harmless agreement by ·Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the afore- said operations referred to in thi~ paragraph~ regardless of 'vhether or not city has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have· been determined to be applicable to any of such damages or clai~s 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, ndr shall Subdi~ider allow any contractor or subcontr:lctor to cormnence \'lork on this 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 Dle .insurance policies or as endorsements and shall specifically bind the insuran~e carrier. -5- a. Compensation Insurance. Subdivider shall maintain, during the life of this agreement I \'lorkmen' s Compensation Insurance for all Subdivider's employees employed at ,the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or sub- contractor similarly to provide ~']orkmen' s Compensation Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in "lork under this agreeme at the site of the proejct is not protected under any Workmen's Co~pensation law, Subdivider shall provide, and shall cause each 'contractor and sub-contractor to provide, adequate insurance for 'theprotection of employees not othen~ise 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 msura..'1.ce., , ' b. Public Liability and Property Damage Insurance. , , Subdivider shall take out and main'tain during the life of this agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, conunissions, officers, agents and employees, sub- divider and any contractor or subcon 'tractor performing \'lOrk covered by this agreement from clail ,'':; for damages for personal ~njury, > including death, as well as from claims for prope~ty damage which may arise from Subdivider's or any contractor's or subcontrac'tor's operations hereunder, \'lhether such operations be by Subdivider or , any contractor or subcontractor, or by any one directly or indirectly employed by either Subdivider or any con'tractor or subcontractor, and the amounts of such insurance shall be as follows: ' .. ~. -, ' .. ' . ." (1) Public Liability Insurance. _ In an ,amount not less than$~,009,OOO~OOfor injuries, including, but not limited to death, to anyone person, and, subject to the same limit for each person, 'in an amount not less than $'5,9 00 ,000.00 on account of any one occurrence; (2) Property Damage Insurance. In an 'amount of not less than $500,000.00 for damage to the property of each person on account of anyone occurrence. -6- . ", .. ~ . -'.' ' . Cross-I,iubility Endo!. ~~ment. 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, zuch poli~ shall contain a standard form of cross- liability endorsement, insuring on such policy City, its electiv, and appointive boards, commissions, officers, agents and employe~ Snbdi vider and any contractor or subcontractor performing _ \vork covered by this agreement. -- ....... _" .. --13.. Evi"dence of Insurance. --. ---_ -: . -: Subdivider shall furnish· ci t.y concurrently \o7i th the - execution hereof, \~ith satisfactory evidence of the insurance required, and evidence that each carrier is required to give Cit~ at least ten (10) days' prior notice of the cancellation or - reduct~on in coverage of any policy during the effective period -0£ this agrecmentp --14 .. -Title to Improvernen'ts .. -, " ,- Title to, and oHnership of, -all improvements const~'ucte hereunder by Subdivider shall ves -t absolu-tely in City, upon comple~ion and acceptan~e of such improvements by City .. 15.. Repair or Reconstruction of Defective Work .. .-~f, "7i thin a period of one (1) year after final, acceptance of the \-lork perfoIhled under this agreerrten-t, any structure oi p a rt of 2ny structure furnished and/oi installed or constructed or caused _to be installed or constructed by Subdivider, or any of the ""70rk done under this agreement, fails to fulfil~ any of the requirements of this agreemen 't _or .-the - specifications referred to herein, Subdivider shall Hi-thout delay and ,\'7i thout any cost to City, repair or replace _or recons-truct' any defective or othen·,ise unsa-tisfactory part or parts of the \-lOrk or ,struc'-ture ~ Should Subdivider fail.: to act prornp-tly or in accordance ",·,i-th this requirement, or should the exigenc~es of the case require repairs or replacements ,to be made befor,e Subdivider can be notified, City may, at its option, make th~e'. , necess~ry repairs or replClceDents or perform the necessary ",:70rk and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. 16. Subdivider not Agcn -t of Ci-tY..:.. Neither Subdivider nor any of Subdivider's agents o~ contractors 2re or shall be consider ed to be agents of City in connection \-lith the p2rforr:1ance of Subdivid~r's obligations under this agreeme nt. ,- -7 - -.' -.: .. " .... '." -':.-: :::.".: . : '. -. . _____ ~_ ~"':J..L"C:C:L-'-J1':J dl1U l.nspect'nn. -----, -- SubdivideL shall pay to the City all plan check fees as well an all inspection costs as required by Section 15.20.070 of the San Rafael Municipal Code. Plan check and inspection fees for each phase of the Subdivision shall be based upon a current engineering estimate of the construction work for each phase supplied to and approved by the City Engineer at the beginning of each phase of the work. 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's Surety of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement; Performance of Surety or City. In the event of any such notice, Subdivider's Surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the Surety, within five (5) 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 (5) 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 necessary 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 adJrcssed as follows: City of San Rafael, c/o City Engineer, City Hall, San Rafael, California 94901 Notices required to be given to Subdivider and/or Subdivider's Surety shall be addressed as follows: Cal-Pox, Inc, P.O. Box 2126, San Rafael, California 94902 provided that any party may change such address by notice in writing to the other party, and thereafter ntoices shall be addressed and transmitted to the new address. 21. Wa r nty that Plans and Speci .ations are Adequate. Subdivider warrants that the plans and specifications above described are adequate to accomplish all of the improvement work contemplated by this Agreement in a good and workmanlike manner, and in accordance with accepted construction practices. Shou~j said plans and specifications, at any time within a period of one (1) 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 accomplish said work in a good, \vorkmanlike manner, and in accordance with accepted construction practices. The City Engineer reserves the right to change plans and specifications for each subsequent phase of the Subdivision to reflect any changes in City policies and/or standard engineering practices or to address changed field conditions. 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. liAs Built Plans". A complete improvement and grading plan "as built" shall be filed with the City Engineer upon completion of said work and im- provements. 24. Interim Street Maintenance. Subdivider agrees that Subdivider shall, at all times, maintain and repair, in a manner satisfactory to City Engineer, all streets within the Subdivision until completion of improvements in the final phase of the Subdivision. '. ., .-9-, / L "-- 25. At such time as City may require, Subdivider shall file with City a faithful performance bond, letter of credit or other security in an amount and in a form satisfactory to city to secure faithful performance of the provisions of paragraphs 5, 15, 21 and 24 of this Agreement. City may extend the time for performance of the obligations of Subdivider under paragraphs 5, 15, 21 and 24 without notice to the surety on any performance bond posted by Subdivider hereunder, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of the obligations of Subdivider. 26. Should Subdivider fail to commence or complete the construction of improvements at the times provided for in paragraph 3 hereof, City may, on its own initiative, cause said phase of the Subdivision to be reverted to acreage in accordance with the provisions of Sections 66499.11 et seq of the Government Code of the State of California. By execution of this Agreement, Subdivider shall be deemed to have consented to and waived any objections with respect to such reversion to acreage. 27. This Agreement shall be recorded in the office of the County Recorder of the County of Marin, and all of the provisions hereof shall run with the land depicted on the subdivision maps referred to herein and shall be binding upon the heirs, successors and assigns of subdivider. CITY OF SAN RAFAEL ll}r:~r~ Mayor By: )J".~. ~erk APPROVED AS TO s~r ~~ City Nci.nager F APPROVED AS TO FORM: , -.... City lI.ttorney -10- i , ) i . , \ • , , , .. . , f I STATE OF CAUFORNIA COUNTYOF ____ ~ __ R_IN ____ __ ~ OFFICIAL SEA~ ?7~, JEANNE ~. LEGHCINI 'l~f, NOTARY 'UILIC. CAlIFOINI.I ,~~ ':"" • .1' COUNTY OF MAlIN Mv Com" •. Ib"i ... , Oct. rI, ,. loIOV -IHrI AVE .• ,. Q. lOX • .0 :.AN IlAoF:,a, CA HM2 ThIS documonlla ontr • generd form wtuc:n may be proper foJ use Jf'I satnpte tranIadXlnD and In no way 1dI, or ill W'ItendMJ Ie -=t. as a Slbsbtute for Ihe On this 24th day of_-----.:A....:..U=-G=-U=-S=-T~ ______ in the year ___ 1.:....:9:...:8:...:3=--__________________ before me _J=-E=A..:.:N..:.:N..:.:E::........:.M~.:........:L:.:E:.:O:..:..N:..::C:...::I~N:..::I ____ , a Notary Public, Sta te of California, duly commissioned and sworn , personally appeared _________ _ LAWRENCE E. MULRYAN personally known to me (or proved to me on the basis of satisfactory e~ft:nce) to be the MA YOR of the/cPo~orJEon that executed the within instrument, and also known to me to b~fhe ,PUD 1 C person who executed the within instrument on beh~l( of the corpora- tion therein named, and llcknowledged to me that sucJfro~or1ljon executed thesame ___________________________________________ _ IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of MAR I N .,... 0I.".ncmey The pubIi&twr doeG not make any Wlltfanty orther expross Of tmphed as 10 !he logo! YIIidIIy alII1\' ~ Of !he suiI-.y of _ !arms ., any !II>OC'fIc ~ansactoon Notary Publ c, State of California Cowdery's Fonn No. 28 -Acknowledgement to Notary Public -Corporation (C. C. Sees. 1190-1190 .1) My com mission expires ___ --=O:....:c::..t=-o=-b=-e=-:...r---=2...:.7....:.,~1...:.9_8_3 __ State of California 1/; +b-On this the ~ day of County of Marin ~_.:..; OFFICIAL SEAL . " ..... WINIFRED H. HALLIGAN .~~ -. -NOTARY PUBLIC -CflLlFOrlNIA ~! _~~ courm OF MARIN . :-.. • My Comm. Expires August 22 . 1986 Y;()(~f~~ ~. --tI ~~f~ the undersigned Notary Public, personally appeared () BRUCE BERNHARD o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as PRES IDENT or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signature ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~ CO RPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION· 23012 Venlura Blvd .• Woodland Hills. CA 91364 RESOLUTION OF BOARD OF DIRECTORS OF CAL-POX, INC. AUTHORIZING EXECUTION OF AGREEMENT FOR SUBDIVISION IMPROVEMENTS FOR SHORELINE INDUSTRIAL PARK AND SHORELINE INDUSTRIAL PARK II RESOLVED that the President of the Corporation be and he is hereby authorized and directed to execute on behalf of the Corporation that certain document entitled "Agreement (Subdivision Improvements)" with the City of San Rafael pro- viding for the construction of improvements for Shoreline Industrial Park and Shoreline Industrial Park II. Secretary's Certificate The undersigned, Secretary of Cal-Pox, Inc., a Corpora- tion, does hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the Board of Directors of said Corporation at a meeting duly conducted on the '/ '? ;If.} ~,:.'. da y of ~ __ /:...;;I,-,t~/ f:....,.' 1,-' _______ , 19.:;"C_"_:?' __ / ! Secretary, CAL-POX, INC. II , " il Ib I ~ ! " j f / I " 8 -.... r I I 7 .. (rJ "~~il'::;;'''- , ' .. . . ,." ',' ":~: i t ',,, , ", . ~"" ... " . 3 .... ....... 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