Loading...
88-057 Robert Mok Meong, James S. & Robin Diffenderfer, Improvement Agreement San Fernando and McClellanAGREEMENT SAN FERNANDO AVENUE (MeCiellan) '!his .AGRE:!!MENl' made and entere:1 into this __ .:::.6t::..:h!........_____ day f Sep temb.er o _____ ~ ________________ __ , 19~, by and between the crrY: OF c.tJPERl'.INO, a l'IIl.ll'licipal COJ:POration of the state of california, hereinafter designated as crrY:, and ROBERT MOK LEONG, JAMES S. DIFFENDERFER & ROBIN DIFFENDERFER hereinafter designated as DEVELOPER. WITNESSETH WHEREl\S, the DEVEIDPER has made application to the crrY: for a BUILDING PERMIT to construct and maintain a SINGLE FAMILY DWELLING hereinafter :refe:r.t."Eld to as "Proj ect. " WHERElIS, c::rT":l hereby approves the :I.ntp~ plans and specifications prepared for the Project by BAY AREA CONSULTANTS a true t:;t:Jpy of which :l.mp:rovement plans and specifications are on file in the office of the cityEI:Y;J:Uleer of CUpertino; and WHERElIS, the same are incorporated herein by :reference, the same as though set out in full; NCM, 'IHEREFORE, said :l.mp:rovement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the ''Wo:dc.'' 1 · WHIl:REAS, pursuant to the provisions of this lIGREEMENT, the CI'TY hereby established the amounts of Eonds, Fees, am. Deposits as set forth in the follow:i.ng sche:d:ule: Samo:JI.E OF OONllS, FEES AND DERlSlTS street ImpIOVelreIlt Category: EARl' A. Faithful. Perfomance Bond: SEVEN THOUSAND AND 00/100 DOLLARS PlIRl' B. labor am. Material Bond: SEVEN THOUSAND AND 00/100 DOLLARS PlIRl' C. Olecki.nq am. Inspection Fee: THREE HUNDRED FIFTY AND 00/100 DOLLARS PlIRl' D. In::l.irect City EKpenses: FIFTY TWO AND 50/100 DOLLARS PlIRl' E.' Development Maintenance Deposit: FIVE HUNDRED AND 00/100 DOLLARS EARl' F. Storm Drainage Fee: THREE HUNDRED EIGHTY SEVEN AND 00/100 DOLLARS PlIRl' G. One Year PoiIer Cost: PlIRl' H. Street Trees: By Developer PlIRl' I. Map Ch.eckin;J Fee: PlIRl' J. Park Fee: EARl' K. water Main Extension Deposit: EARl' L. Maps and/or ImprtlVElll¥mt Plans: 2 $7 ,000.00 $1,000.00 $ 350.00 $ 52.50 $ 500.00 $ 387.00 N/A N/A N/A N/A AS SPECIFIED IN ITEM 23 t " NCM, 'IHEREFORE, IT IS HEREBY MrJIUAJ:..LY 1IGREEO by an::l between the parties hereto as follows, 'IO WIT: 1. DEDICATION A. 'l1le DEVEIDPER offers to dedicate the :real property shc:Mn on Exhibit "A", which is attached hereto an::l made a part hereof by reference. Said dedicated property shall be free an::l clear of all liens or encumbrances except those which the CIT':l shall waive in writin;J. 'l1le DEVEIDPER agrees not to revoke said offer of dedication, an::l to keep said offer open until the CIT':l accepts offer by resolution. B. Upon execution of this AGREIlMENT the DEVEIDPER agrees to deliver a properly executed grant deed to the CIT':l of the :real property described in Exhibit itA", and SUCh ather executed 0IJI"lV'eyances, or i.nst.ruu¥ants necessazy to rorwey clear title as herein required. The DEVEIDPER shall provide, at the DEVEIDPER'S sole cast an::l expense, to the City: (1) A preli.m:incuy title repoxt: issued by a title insurance ccmpa1"\Y relatin;J to the property offered for dedication. (2) A stan::laJ:d policy of title insurance issued by a title insurance 0JIIlI?"l1Y an::l insurinq the CIT':l in the sum of: N/A, an::l which shall show said property free an::l clear of all liens or encumbrances except those as the CIT':l shall exp:r:essly waive in t writin;J; said policy shall be fur.nished at the time of acoept:ance of dedication an::l recoroation of deed. c. Upon the condition precedent that the DEVEIDPER shall perfom each an::l every CXl'lElIlant an::l ~tion of this AGREIlMENT, the CIT':l agrees to accept. said :real ptoperty offered for dedication. 2. INSTALIATION OF mRK It is further agreed that: A. The DEVEIDPER shall inst:all an::l COlIq:Jlet:e the WOJ:X within one (1) year fl::cml the date of .execut:ion of this AGREIlMENT, or SUCh longer period as may be specifically authorized in writin;J by the City Engineer. In the event the DEVEIDPER fails or refuses to COlIq:Jlete the Work within the specified period of ti.me, the CIT':l, at its sole option, shall be authorized to COlIq:Jlete the work in whabiilVer manner the CIT':l shall decide. In the event the CIT':l COlIq:Jletes the work, the CIT':l may recover any an::l all casts incurred. th.ereby fl::cml the DEVEIDPER or the DEVEIDPER I S surety or l::loth. B. 'l1le DEVEIDPER shall install an::l COlIq:Jlete the work in a good an::l worlana.nl.ike manner in acx:::oz:aance with the plans as apprcved by the City Engineer of 0Jpertin0. 'llle work shall be clone in a~ with existing oz:dinances an::l resolutions of the CIT':l an::l in acx:::oz:aance with all plans, specifications, stan:lal:ds, sizes, lines, an::l grades approved by the City Engineer. 'l1le WOJ:X shall be clone in aooordance with all state an::l county statutes applicable hereto. 'l1le decision of the City Engineer shall be final as to whether any material or workmanship meets the stan:la:rds, specifications, plans, sizes, lines an::l grades as set fotth. 3 · C. It is furt:her agreed tha,t the Work shall be clone in accordance with the m:lSt current stan:lard Specifications of the Deparbnent of Public Works, california Deparbnent of Transportation, state of califomia, and in accordance with the specifications of the 0Jpertin0 sanitary District where applicable. Wherever the woms "state" or "california Division of Highways" are mentioned in the state Specifications, it shall be considered as referrin;J to the CITY of CUpertino; also wherever the "Director" or "Director of Public Works'" is ll'eIltioned, it shall be considered as referrin;J to the City Engineer. In case of conflict between 'the state Specifications and the specifications of the CITY amjor the CUpertino Sanitary District, the specifications of the CITY amjor the CUpertino Sanitary District shall take precedence over and be used in lieu of sucl1 conflictin:J portions. 3. EXCAVATION PERMIT It is further agreed that the DEVEIDPER shall CO!tiIly with section 'lhree of ordinance No. 130 of the CITY by obtaining an excavation permit from the city Engineer before the c:cmnencement of any excavation in, on, or umer the surface of any existin;J public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVEIDPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4 • c.ur.rc:tAIM DEED It is further agreed that the DEVEIDPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the l.ll'Xlergrourx strata lyin:J beneath said project and DEVEIDPER agrees to execute a "Q.litclam Deed and Authorization" in favor of CITY, when pr:sented to hllu for signature. 5. OON!S AND C7lHER SEaJlU'lY A. Upon the execution of this AGREEMENl', the DEVEIDPER shall file with the CITY a faithfUl perfomance bond to assure his fUll and faithfUl perfomance of this AGREEMENl'. 'lhe penal sum of said faithfUl performance bond shall be the full cost of -any paynent to be made umer this AGREEl£NT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made umer this AGREEMENl', the DEVEIDPER shall, in addition to said faithfUl performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full paynent of all labor and materials required to construct said improvements. 'lhe amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety CO!tiIarI':/ authorized to transact a surety business in the state of california and must be approved by the City Attomey as to form and by the City EIl;Jineer as to sufficiency. In the event that the DEVEIDPER shall fail faithfully to perform the covenants and conditions of this AGREEMENl', or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENl' or otherwise :in:lemnify the CITY for the DEVEIDPER I s failure to so do. ' 4 t -' B. . In lieu of a surety borXl, the DEVEIOPER may elect to secure this AGRmIENT tJy depositin;J with the Cl'I¥: 1. cash~ or, 2. A cashier's check, or a certifiEd check payable to the order of the City of Olpert.i.no~ or, 3. A certifica~ of deposit, or insttument of credit neet1.ng the requ.irements of GovE:JOllltlt!lrt; Code section 66499 (1:» or (e) • C. nre amunt of aaid cash, checks, certificate of deposit, or instrument of credit shall be as designated tJy the City Ergineer, ard shall be the equivalent to tha~ which would have been req).lired had the DEVEIOPER fumished the Cl'I¥ with a surety borXl. In the event that the DEVEIOPER shall fail faithfUlly to perfonn the covenants ard con:litions of this AGREEMENT, or to make any paymmt, or any Cled.ication of lard, or any .i.nprovements herein req).lired, the Cl'I¥ may apply the proceeds of aaid security thereto. D. No release of surety borXl, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City CO\:irloll. E. No interest shall be paid on any security deposited with the Cl'I¥. 6. CHECKING AND INSPECl'ION FEE It is further agreed that DEVEI.OPER shall pay any ard all necessary direct expenses for inspection, c::heckin;r, etc., incurred tJy Cl'I¥ in connection with aaid Project, ard that DEVEI.OPER shall have deposited with Cl'I¥, ¢or to execution of this AGREEMENT I the amunt as set forth herein at Page 2 (Part C). Should oonst.mction cost vary materially f:r:am the estimate fran which aaid sum is calculated, the City Ergineer shall notify DEVEIOPER of any additional sum due ard owin;J as a :result thereof. 7. nIDIRECl' EXPENSES It is further agreed that DEVEI.OPER shall pay to Cl'I¥, prior to execution of this 1!GREEMENl', indi:rect expense allocal:lle to process:l.rq these .i.nprovements, the a1IVJUIlt as set forth herein at Page 2 (Part D) • a. MAP CHECKING FEEl It is further agreed that the DEVEI.OPER shall depoeit with Cl'I¥, prior to execution of this AGREEMENT, for office c::heckin;r of final l!Iap ard field c::heckin;r of street Il'IOl'lI.l!llS, in CCiI1pliance with section 4: 1 of Ordinance No. 47 (ReVised 12/04/61) of Cl'I¥, the anrlUl'I.t as set forth herein at Page 2 (Part I). 5 t ." 9. DEVEIDmENT ~CE DEroSIT It is f'Urt'her agreed that the DEI1EI.OPER shall pay to the crJ!'l, prior to executicn of this ./IGREmENT, the amJUnt set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control am cl.ea.nh¥;J durirJ;J the construction period. '!he de\relupuent maintenance deposit may be utilized for repairs of defects am .inp:rfections arisirJ;J out of or Clue to faulty workmanship an:::vor mterials appear:in;J in said 'NOrk durirJ:J the period until wease of the improvement l:xln1s by the crJ!'l. Shcul.d the DEVEIDPER complete the required repail:s to the entire satisfacticn of the ClTlC, the unused balance will he :returned after the release of the .iJIprovement l:xln1s. 10. S'1'ORM J:I!'lAJllAGE FEE It is f'Urt'her agreed that the DEVEIDPER shall deposit with the crJ!'l, prior to execution of this AGREFMEm', a stem drainage charge in connection with said Project in accordance with the :requirements established in Resolution 4422, Ma:roh 21, 1977, in the amJUnt as set forth herein at Page 2 (Part F). ll. WATER MAll{ EXTENSION J.:lE:roSIT '!he DEVEIDPER f'Urt'her agrees to deposit with the crJ!'l those =nies required to comply with "Policy on water Ma:In Ex:tensions work am l)3posits" dated 9/30/77. '!he deposit shall he held by the crJ!'l until said t =nies are neeied to 1JIplement il1provements outlined by the Dil:ector of . l?Ilblic works or il1provements outlined within the adopted Water Master Plan. '!he anamt shC1iI1l herein at Part K, Page 2, shall :be the fUll anamt Clue. u. ONE YEAR ~ cnsT It is f'Urt'her agreed that the DEVEIDPER shall pay to crJ!'l prior to execution of this ./IGREmENT, the IIlIOlI1t as set forth herein at Page 2 (Part G), which anamt represents the power cost for street ligb.ts for one year. It is f'Urt'her agreed that the DEVEIDPER :shall, at such tine as deemed appropriate by the City l!!rJ;Jineer, plant street trees in amfonnance with the stamards of the City of CUpert:.ino. variety of tree shall he selected :from the City approved list. 14. PARK FEES It is f'Urt'her agreed that the DEVEIDPER shall pay such fees an:::vor dedicate such lam to the crJ!'l, prior to execution, as is required within "Park Dedication ordinance" NI:I!ar 602, 1972, am which is f'Urt'her stipulated under Part J, Page 2 herein. 6 . 'nle vaJ.ua df the lard used in establishinq the "Park Fee" outlined herein. on' )?age 2, Part J, requires fo:craJ. ccnfirmation. 'Ihe CITY shall employ a qualified local a~ to prcvid.e a market value of the lard. 'nle city will calculate the "Park F~" based on the appraisal. 'Ihe Developer a.g:r:ees to pay for any deficiency' within thirt:y. (30) days am. the city agrees to refUn:i overage within thirty (30) days. Mjust:ments shall J:e ll'&ie prior to a=ept:ance of the sul:division bnprcvements. 15. ~CE OF mRK It is fUrther agreed that the'DE'iIE!.DPER shall maintain the Work until all deficlar.cies in the Wor.1<:: are c.orre.ct:ed to conform to the Plans am. the city stancl.artls a:r.d ~ifications for the Work. 'Ihe DEVElOl'ER shall, UlXlll writ'"..en notice thereof, inTrnediataly ~ or replace, withcut cost' or obligation to the, city of CI.I!,:ert:ino, a:r.d to the entire satisfaction of said CI'I'Y, all defects am. :il!1perfections aris:in;r out of or due to faulty "icrkmanship an::l/or lI'ater.ials ~ in said Work. 16 • SANJ:'rl\RY DISl'RICl! It is fUrther agreed that the DE'iIE!.DPER shall file with crJ:'i, upon execution of this 1IGlEEMENl', a letter f:tcm the 0Jpertin0 Sanitary District stat:ir:q that the DEVElOl'ER has entereCl. into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project a:r.d sr...at:in;r that a l::xm:i to insure full ar.a faithful porfomar.ce of the const::ruction of the said sanitary sewers am. to insure lI'ainter>.ance of said sanitary seHer in confo:rma.nce witi.l,.1:he provisions as set forth in Paragraph 15 above has been filed. 17. GOVEllNMEN'r (DOE It is :furt:.her agreed that DEVEIDl'ER shall file with cr::r'i, tJFOn execution of this .AGREE1o!EN1', substantial evidence that all prtlVisions of section 664.93, ArticleS, Chapter 4. of the GcveJ:l'lllleIlt OXie, pattai.n:in; to SfECiaJ assesmrent.s or l::or.ds, have l:leen =-Plied with. lS. CENlJAAL FIRE DISl'RICl! It is fUrther agree:l. that the DE'iIE!.DPER shall file with the crJ:'i, tJFOn execution of this AGE!EE!!ENl', a letter frcm. the Central Fire Protection District of santa Clara county, stat:ir:q that the ~ has entered into an ~ with said District' to install fire hydrants to serve said Project a:r.d statln;r that all neceiesa%Y fees have l:leen deposited with said Distr.ict to :insure installation an::l. five (5). year rental fee of said , hydrants. ' • It is fUrther agreed that the DE'iIE!.DPER shall pay to Pacific Gas an:i Electric Ccmpany an::l/or to PACIFIC :aEI:L I"l-:m[Jany any a:r.d all fees required for installation of overhead an:.i/or 1ltX1e.rgrourxl w.irinq ci:tt:uits to all elect:J:oliers within said pmperty and any ard' all fees required for' un.lergroun:iir as pl:C'lided in Ottiinance No. 331 of crJ:'i 'When DWELOPER is notified by either the city Er:¢neer or the . Pacific Gas arxl. Electric Cc:mpany an::l/or PACIFIC BEU. I"l-:m[Jany that said fees are due am. payable. 7 ..... ; .... ,.,. ......... ~~ ........... . •• ,' u .. t .' : 20. FASEMEN'IS AND RIG!fI:-OF-WAY It is furt::her agJ:eed that any easement arxi right-of-way necessal}' for CO!I\Pletion of the Project shall :be acquired by the DEVELOPER at his own cost arxi expense. It is proviCled, however, that in the event eminent domain pz:oceedings are J:eqUired by the cr:rY. for the pu:tpoSe of securinq said ea.sen-ent arxi right-of-way, that the DEVELOPER shall deposit with cr:rY. a sum. cevering the reasonable :market value of the latxl proposed to :be taken arxi to :be included in said sum. shall :be a reasonable allowance for severance damages, if any. It is furt::her proviCled that in addition thereto, such sums as may be required for legal fees arxi costs, engineering, arxi other incil:.iental costs in such reasonable aI'IDUI'lts as the cr:rY. r.oay r;equire shall :be deposited with the City of 0Jpertin0. 21. HOID HARMIESS It is furt::her agJ:eed that, ccmmenci.ng with the perfonnance of the work by the DEVELOPER or his contract.or arxi cantinuing until the rompletion of the ll1Ilintenance of the Work, the DEVELOPER shall in:lemnify, hold harmless arxi defend the cr:rY. from arxi against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the work or the :negligence or willful lIIiscomuct of the DEVELOPER or the DEVELOPER 'S agents, employees arxi :l.ndepeJ:x1ent contractors. 22. mstlRANCE It is furt::her agJ:eed that: 'nla DEVELOPER shall take out, or shall requi:re any contractor engaged to perfom the work to take out, arxi l!la.intain at all times during the performance arxi ll1Ilintenance of the Work called for or required to :be done here.l:m:ler, a polley of insurance naming the cr:rY. arxi meml::iers of the City COUncil of the city of CUpertinc, individllal1y arxi coUectively, arxi the officers, agents arxi employees of the City individually arxi collectively, as insured. said separate poliey shall provide lx)ii ly injm:y arxi property da:ma.ge ceverage to the foregoing l:la:IMld cr:rY. arxi individuals ceveriIY;J all the Wol'k perform;!Ci by, for, or on behalf of said DEVELOPER. Both bodily injm:y arxi property damage :insurance :must :be on an cxx:urr:e:nce basis; arxi said poliey or policies shall provide that the ccverage afforded thereby shall :be prlma:z:y ceverage to the :full limit of liability stated in the declarations, arxi if the city, its members of the city Ccur¥::il individnally and collectively, and the officers, agents, and employees of the CITll, individually and collectively, have other :insurance against the loss ccvered by said polley or policies, that other insurance shall :be excess insurance only. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with AIlAG policies. 8 t 0" A. Each of said. policies of insurance shall provide coverage in the folla.ri.n; miniJmJm a=unts: For bodily injmy, $100,000 each person; $300,000 each occurrence, property danage, $50,000 on aCCOllnt of a:trj one occurrence with an aggregate lilllit of not less than $200,000. B. '!he DEVEIDPER shall file with the City Erl3"ineer at or prior to the time of execution of this AGREEMENl' by the DEVEIDPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City ~. Each such policy or policies shall bear an endorsement preclud:iJ'q the cancellation or reduction in coverage without giv:in;J the City ~ at least ten (10) days advance notice thereof. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the state of califomia, the policies of insurance required herein ani al::lave shall co-name such municipality or political subdivision ani the prevision set forth herein ani al::lave for the protection of the Cl'IY shall equally apply to municipality ani political subdivision. 23. MAPS AND/OR IMPmVEMENl' PIANS It is further agreed that the Cl'IY shall obtain the folla.ri.n; map and/or plans at the DEVEIDPER'S eJCpenSe: A. A mylar sepia ani seven (7) prints of fully executed parcel map. B. A mylar sepia ani ten (10) prints of fully executed :iJnp:rcvement plans. C. A direct duplicat:in;J silver negative microfiJJn aperature card of all executed :iJnp:rcvement plans ani map. The DEVEIDPER agrees to pay the Cl'IY frcm the development maintenance deposit the cost for all prints of plans ani map required urxier Item 23. 24. SUrrFSSORS This AGREEMENT shall bind the heiJ:s, administrators, executors, successor, assignee ani transferrees of the DEVEIDPER; '!he assigmnent of this 1\GREEloIENl' shall net be made without approval by the City Council of the City of Clpertino. 9 t .' GENERAL ACKNOWLEDGMENT .••..•.....•••.•••.•.•••••••••..•.................•...•.•...............••.••••.•..••••...•......•••••.•...•............•.•• ~ StateofCalifomia } On this the lq-+Rdayof ~J"JIJS + 1988beforeme, ~ f S:J>-+a.. Q(ClA,< SS. LUCA.d (2dx:JCI§\l£ ') : County 0 the undersigned Notary Public, personally appeared ! • • • • • • · • • • • • • · • • • • • OFF!CIAL SEAL LUCY RODRIGUEZ NOTARY PUSLJC -CALIFORNIA t SANTA ClllRA COUNlY My comm. jlXpires APR I, 1991 '12-ob-e,r+ (hi:) L LeoY\§ ~ o personally known to me : )<l:'proved to me on the basis of satisfactorr evidence to be the person(/) whose nameW I 5 within instrument, and acknowledged that In e - WITNESS my hand and official seal. subscribed 10 the executed it. · · • • • • · · · · · · • · · • • • · t · .....................•................................................................•..................................... !. GENERAL ACKNOWLEDGMENT CAL-23 .' ................................................................................ ~ ................................... . ~ State of California -t On this the19..lAcday of ()~ 19~ before me, l • ; County of~~ C,LMW SS. ... L);:;j J?odn £: () e.. '"2-i • the undersigned Notary u hc, personally appeared : • • · • • • · · • • • OFFICIAL SEAL LUCY RODRIGUEZ NOTARY PUBLIC -CALIFORNIA SANTA ClARA COUNTY My eomm, OXpI"" APR 1, 1991 '1Zdhtn R. 05:L ])i ff.erder fe r o personally known to me ~proved to me on the basis of satisfactory evidence to be the person~ whose nameW __ ~1L,,5'---::-;-_subscribed to the within instrument, and acknowledged that __ S'CLLh""g",-_-"executed it. WITNESS my hand and official seal. • · · · · · • • · · • • • · • • • · • • · • • • · · • · · .....•..•.................. GENERAL ACKNOWLEDGMENT CAL-23 ..........•.......•...•...•..••..•...•................•..................................................................... " ~ State of Callfornia } On this the 19+hay of a lJ,,9 Ii S + 19J1lhefore me, 1 : County of ~ +0-.. <2RaM SS. Lv CUj 120d r ,. O,l).e. '2.... ~ ! the undersigned Notary Public. personari'? appeared : · · · · · • • • • · · • • • · · • OFFICIAL SEAL LUCY RODRIGUEZ NOTARY PUBLIC -CAlIF'ORNIA SANTA CLARA COUNTY My comm. expires APR I, 1991 SCl.MUR..-\ ])I=££e~hd~r~ l o personally known to me (lZCProved to me on the basis of satisfact<?ry evidence to be the personl .;! whose namel "" __ -'I'--"'S'-_,-~_subscribed to the within instrume:r: and aCknOWI~~ged that --..;hw..-, f<..· ___ eexecuted it. WITN ; S my hand and official seal. • • • • · • • • • • · • • • • • • • • · • · · • • • • • • • • • • • • • • • ......................................................•..•...••..••...•.............•.•........•...................•...•.... .... # ... • • • • • m wmlESS WHER1iDF, ~ has caused its name to be hereunto affixed by its Mayor ani city Clerk, thereunto duly authorized by msolution of the City Council ani said DE'ITEl:Ol?ER has hereunto caused his name to be affixed the day ani year first allove written. Not.aJ:y .l\cknow1edgment Required Exhibit A Attached . (Rev. 5/9/86) 10 ~ OF a:JPERI'INO: DEVEIDl?ER: 9A D../k( '-~i2aQu.JQ(" ) ~~~<