Loading...
HomeMy WebLinkAboutRiver PartnersIA t ,t I ^btØ lt öServices Contract, Riverbottom Park Habltat Restoration Project River Partners, Chico CA SERVICES AGREEMENT # 011-13OO3.2OJR This Services Agreement (hereinafter called "Agreement") by and between the City of Fresno by and through its Parks, After School, Recreation, and Community Services Department (PARCS) (hereinafter called "CONTRACTOR") and River Partners (hereinafter called "PARTNERS") is for CONTRACTOR to furnish certain subcontract services to PARTNERS effective as of lJ-Jtq L , 2013.___T- 1. NATURE AND EXTENT OF SERVICES CONTRACTOR agrees to render PARTNERS the services as outlined and referenced in Exhibits A (Scope of Work), B (Completion Schedule), and C (Project Budget and Payment), which are attached hereto and made part hereof by reference to "Services". CONTRACTOR agrees to perform all services according to the Scope of Work and terms and conditions consistent in the Primary Agreement, (Exhibit D) between PARTNERS and the California Wildlife Conservation Board (WCB) entitled "San Joaquin River Conservancy Riverbottom and Schneider Property Ha bitat Restoration", 2, PAYMENT CONTRACTOR will bill PARTNERS for the professional services performed hereunder on a time and materials basis utilizing the rates identified in the project rate schedules (Exhibit C) and in accordance with the "Project Budget" (Exhibit C) for personnel, equipment and materials utilized under the Agreement, and according to the limitations described in Exhibit A, Scope of Work. Per Exhibit C, payments to CONTRACTOR for servíces rendered under this agreement shall not exceed the total amount of 546,800. lf additional work is required, approval must be granted in writing which may include email prior to commencing work. Payment for additional work will be agreed in writing between PARTNERS and CONTRACTOR. CONTRACTOR may submit reimbursement requests on a monthly basis for all work completed to date or upon completion of all work identified in this Agreement, Each request shall indicate this Agreement number, describe the work accomplished, and provide a detailed listing of expenses including hours worked. CONTRACTOR may be required to provide supporting documentation such as payroll detail, receipts for equípment, travel or general ledger information. Disbursement of payment shall be made within 60 days of PARTNERS's receipt of payment from WCB. PARTNERS may withhold, from the requested payment amount to CONTRACTOR, an amount equal to the percentage of payment retention from the WCB to PARTNERS. Disbursements shall be made on the basis of costs incurred to date, less the applicable retention percentage applied to the total reimbursement request. Disbursement of the retention shall be made within 60 days of PARTNERS's receipt of retention payment from WCB. 3. TAXES coNTRACTOR assumes full and exclusive responsibility for the payment of all compensation and expenses of CONTRACTOR or any sub-consultant's employees and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholdings, measured by the wages, salaries, or other remuneration paid CONTRACTOR or any sub-consultant's employees; and CONTRACTOR further agrees to comply with all rules and regulations applicable thereto, Fresno PARCS Services Agreement G@PV -Io'f12-s/9/2013 Services Contract, Riverbottom Park Habitat Restoration project River Paftners, Chico CA 4. AUTHOR|ZAT|ON, AMENDMENT AND COMPLETTON CONTRACTOR agrees to commence performance of the Services promptly upon written authorization from PARTNERS to proceed. During the life of the Project, the CONTRACTOR is required to inform PARTNERS of any changes in contact information or in the Project scope of work, as well as any difficulties in completing the Project by the end of the Period of Performance, or in submitting reports by their due dates. lf the CONTRACTOR determines that the amount of the budget is going to change in any one budget category by an amount that exceeds IO% of the Agreement, the CONTRACTOR must seek approval from PARTNERS. Amendment requests should be initiated by the CONTRACTOR upon determination of a deviation from the Primary Agreement. However, PARTNERS may initiate the amendment if PARTNERS determines an amendment is necessary. CONTRACTOR shall complete the Services within the Completion Schedule, Exhibit B, provided they are not prevented from doing so by circumstances beyond their reasonable control and without their fault or negligence. 5. INDEMNIFICATION With the exception that this section shall in no event be construed to require indemnification to a greater extent than allowed by applicable public policy, CONTRACTOR shall defend, indemniñ7 and hold harmless PARTNERS, WCB and their respective officers, agents and employees, of and from all claims, demands, causes of actions, costs, reasonable attorney fees, losses and liability to the extent caused by CONTRACTOR's negligent performance under this agreement ("Claims") including, but not limited to: a. Personal injuryto ordeath of any person ordamage to real or personal property, including loss of use, caused or alleged to be caused ín whole or in part by any act or omission of CONTRACTOR or its employees, agents, subcontractors or suppliers regardless of whether a party being indemnified actively or passively contributed to such injury or damage.' b. Penaltiesimposedbylawonaccountofviolationofanylaw,regulation,orstandardcaused by the act or omission of CONTRACTOR or its employees, agents, subcontractors or suppliers including, but not limited to, those laws, regulations and standards relating to the protection of the environment and the occupational health and safety of workers regardless of whether or not the equipment of PARTNERS or others is being used. c. lnfringement of any patent rights which may be brought against PARTNERS or WCB as a result of CONTRACTOR's work, d. Violation of any term of this agreement. The foregoing agreements extend to Claims arising at any time after this agreement as well as those arising during its term. CONTRACTOR shall defend all Claims at CONTRACTOR's expense and pay all judgments and decrees that may arise therefrom and reimburse WCB, Grantor and their respective officers, agents and employees for all costs and legal expenses that may arise from any Claim. CONTRACTOR shall not be obligated to provide any indemnity for any Claim arising from the sole negligence or willful misconduct of the party seeking such indemnity or for defects in design furnished by such person. At CONTRACTOR's own risk and expense, CONTRACTOR shall defend all Claims that may be brought including, but not limited to, Claims brought by governmental agencies and CONTRACTOR's employees against WCB, PARTNERS or their agents and employees. Fresno PARCS Services Agreement -2o172-sl9/2013 Services Contract, Riverbottom Park Habitat Restoration Projec River Partners, Chico CA 6. PROFESSIONAL CAPACITY; LEGAT COMPTIANCE It is understood that the Services CONTRACTOR will perform hereunder will be in its professional capacity as an independent entity; and that at no time shall CONTRACTOR be deemed an employee or agent of PARTNERS, nor shall it have the authority to obligate PARTNERS in any manner. CONTRACTOR warrants that it has or willobtain and maintain at its sole expense all licenses and permits necessary for it to perform the services required by this Agreement. CONTRACTOR shall comply with all applicable laws and regulations and coordinate and co-operate with PARTNERS and other subcontractors, 7. INSURANCE CONTRACTOR shall, at its expense, obtain and maintain insurance on all of its operations, in companies acceptable to PARTNERS, as follows: a. Workers Compensation lnsurance as required by any applicable law or regulation or the Prime Grant. Employer's Liability lnsurance shall by provided in an amount not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and 51,000,000 each employee for bodily injury by disease in any State of operat¡on. lf there is exposure of injury to cONTRACTOR's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under laws or regulations applicable to maritime employees, coverage shall be included for such injuries or claims. b. Comprehensive General Liability or Commercial General Liability lnsurance covering all operations by or on behalf of CONTRACTOR providing insurance for bodily injury liability and property damage liability for the limits of liability set forth below and including coverage for: premises and operations, products and completed operations, contractual liability insuring the obligations assumed by CONTRACTOR in this agreement, broad form property damage including completed operations, explosion, collapse and underground hazards and personalinjury liability. "Modified Occurrence" and "Claims Made" policies are not acceptable. Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limit, where applicable, shall apply separately to the CONTRACTOR's work under this Agreement. lf CONTRACTOR carries a Comprehensive General Liability policy the limits of liability shall be not less than a combined single limit for bodily injury, property damage and personal injury liability of each occurrence of S1,000,000 each occr.irrence, $L,000,000 aggregate. lf CONTRACTOR carries a Commercial General Liability (Occurrence Form) policy, the limits of liability shall not be less than S1,000,0Q0 each occurrence (combined single limit for bodily injury and property damage), S1,000,000 for personal injury liability, $1,000,000 aggregate for products-completed operations and $2,000,000 general aggregate. lf the policy does not have an endorsement providing that the general aggregate limit applies separately to this project or if defense costs are included in the general aggregate limit, then the required general aggregate limit is 53,000,000. c, Comprehensive Automobile Liability lnsurance including coverage for all owned, non-owned and hired automobiles with limits of líability of not less than $1,000,000 combined single limit each accident for bodily injury and property damage. lf CONTRACTOR's general liability insurance coverage is provided by the Commercial General Liability (Occurrence Form) policy, Fresno PARCS Services Agreement -3of12-s/912013 8. A. Services Contract, Riverbottom Park Hab¡tat Restoration project River Partners, Chico CA CONTRACTOR's Automobile Liability lnsurance policy shall include coverage for Automobile Contractual Lia bility. ln the event the CONTRACTOR is self-insured, CONTRACTOR will consider addíng WCB and PARTNERS as additional insureds. . lf higher limits or additional coverage are required by PARTNERS, CONTRACTOR shall comply with such requirements upon approval by the City Council The required insurance is subject to the approval of PARTNERS, but any acceptance of insurance certificates by PARTNERS shall in no way limit or relieve CoNTRACTOR of its duties and responsibilities under this agreement. lf CONTRACTOR fails to provide satisfactory evidence of insurance, PARTNERS may, at its option, obtain insurance coverage to protect WCB and PARTNERS and charge the cost to CONTRACTOR, or terminate this agreement. CONFLICT OF INTEREST CONTRACTOR shall comply with all applicable State laws and rules pertaining to conflict of interest, including, but not limited to, Government Code section LO9O, Government Code section 8j.O0O et seq. (Political Reform Act), and Public Contract Code sections IO4IO and 10411. CONTRACTOR certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement. coNTRACTOR shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or which gives the actual appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 9. NON-DISCRIMINATION During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family-care leave, medical-care leave, or pregnancy disability leave. CONTRACTOR and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. CONTRACTOR and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code S t29OOetseq.)andtheapplicableregulations(Cal.CodeRegs.,tit.2,57285.0etseq.). Theregulations of the Fair Employment and Housing Commission regarding Contractor Nondiscriminatíon and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated into this Agreement. CONTRACTOR and its subcontractors shallgive written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all subcontracts entered into to perform work under this Agreement. 8. c. Fresno PARCS Services Agreement -4of12-s/s/2013 Services Contract, Riverbottom Park Habitat Restoration Project R¡ver Partners, Chico CA 10. DRUG-FREE WORKPTACE CERTIFICATION By signing this agreement, CONTRACTOR hereby cert¡f¡es under penalty of perjury under the laws of California that they will comply with the requirements of the Drug-Free Workplace Act of L990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by takíng the following actions: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). B. Establish as Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: L The dangers of drug abuse in the workplace; 2. The person's or organization's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation and employee assistance programs; and 4. Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract: 1, Will receive a copy of the company's drug-free policy statement; and 2. Will agree to abide by the terms of the company's statement as a condition of employment on the contract. 11. UNION ORGANIZING CONTRACTOR, by signing this Agreement, hereby acknowledges the applicability of Government Code L6645 through 16649 to this Agreement. Furthermore, CONTRACTOR, by signing this Agreement, hereby certifies that no state funds disbursed under Exhibit D to PARTNERS to pay CONTRACTOR will be used to assist, promote or deter union organizing. 12, DISPUTE RESOTUTION All claims and disputes arising under this agreement shall be decided by the claims procedure including arbitration specified in Exhibit D. lf there is no agreementto arbitrate in Exhibit D, no claims or disputes shall be arbitrated unless the parties so agree in writing. lf Exhibit D does provide for arbitration of a particular dispute or claim, the claims and disputes of WCB, PARTNERS, CONTRACTOR involving a common question of fact or law shall be heard by the same arbitrator(s) in a single proceeding, ln the event of a claim or dispute between PARTNERS and WCB relating to this agreement or CONTRACTOR's performance, it shall be the responsibility of CONTRACTOR to prepare and present the PARTNERS's case to the extent that the proceedings are related to this agreement. CONTRACTOR shall be bound by the results of such proceedings to the same degree as PARTNERS, l3.APPLICABLE tAW This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. ln addition, CONTRACTOR agrees to comply with each and every rule and regulation of all governmental agencies, whether federal, state, or local, as may be applicable to the performance of the services. Fresno PARCS Services Agreement -5of12-s/s/201.3 Services Contract, Riverbottom Park Habitat Restoration projec River Partners, Chico CA 14. INTEGRATION This Agreement constitutes the entire understanding between PARTNERS and CONTRACTOR concerning the performance of the services, and no prior oral or written agreements or understandings shall have any force and effect with respect to the performance of services. This Agreement may not be modified except in writing signed by both parties. 15. SEVERABIIIW lf any part of this Agreement ís unenforceable or held to be unenforceable or invalid for any reason, all other enforceable and valid terms and conditions remain in effect. 16. TERMINATION Failure by the CONTRACTOR to comply with any material term of this grant agreement shall be deemed to be a default in this grant agreement and constitute cause for PARTNERS to terminate this services agreement by written notice to the CONTRACTOR and to pursue any legal remedy to which PARTNERS may be entitled. The CONTRACTOR may terminate this services agreement by written notice to PARTNERS. ln the event of termination of this services agreement prior to Project completion, the CONTRACTOR shall immediately (unless otherwise directed by PARTNERS in its notice if PARTNERS initiated the termination) undertake all reasonable steps to wind down the Project cooperatively with pARTNERS, including but not limited to the following; a. Stop any portion of the Project's work that is incomplete (unless work to be completed and a different date for termination of work are specified in PARTNERS's notice). b, Place no further work orders or enter into any further subawards or subcontracts for materials, services or facilities, except as necessary to complete work as specified in PARTNERS's notice. c. Terminate all pending Project work orders, subawards, and subcontracts for work that has not yet commenced. d. With the prior written consent of PARTNERS, promptly take all other reasonable and feasible steps to minimize and/or mitigate any damages that may be caused by the failure to complete the Project, including but not limited to reasonable settlements of any outstanding claims arising out of termination of Project work orders, subawards, and su bco ntracts, e. Deliver or make available to PARTNERS all data, drawings, specifications, reports, estímates, summaries, and other information and material as may have been accumulated by the CONTRACTOR under this grant agreement, whether completed or in progress. f. Return to PARTNERS any unobligated portion of the Award, Fresno PARCS Services Agreement -6ofl.2-s/el20L3 Services Contract, Riverbottom Park Habitat Restoration Projec River Partners, Chico CA 17. NOTTCES All communications to either party by the other shall be deemed given when made ¡n writing and delivered or mailed to such party at its respective address, as follows: PARTNERS Mail: River Partners Attn: Julie Rentner gI21,Lth Street, Suite LL2 Modesto, CA 95354 CONTRACTOR Mail: City of Fresno PARCS Department Attn: Bruce Rudd, PARCS Director 848 M Street, Third Floor Fresno, CA9372I-2760 18. SUBCONTRACTS The CONTRACTOR shall not enter into subcontracts for any services work contemplated under this Agreement without the prior written consent of PARTNERS. Any subcontract in excess of $10,000 entered into as a result of the Primary Agreement shallcontain allapplicable provisions stipulated in the Primary Agreement. 19. ATTACHMENTS The following exhibits attached hereto and referred to in the preceding sections are, by reference, incorporated herein and made an integral part of this Agreement: Exhibit A: Scope of Work Exhibit B: Completion Schedule Exhibit C: Project Budget and Rate Schedules Exhibit D: Primary Agreement Riverbottom and Schneider Property Habitat Restoration Through this Agreement, PARTNERS passes the terms and conditions in the Primary Agreement, Exhibit D, through to CONTRACTOR, including but not limited to, "Standard Terms and Conditions", and "Special Terms and Conditions", unless the term is unique to PARTNERS. Fresno PARCS Services Agreement -7 of 12-s/9/201.3 Services Contract, Riverbottom Park Habitat Restoration Project River Partners, Chico CA Exhibit A: Scope of Work City PARCS maintenance staff will provide the following services on an as needed basis to assist in the execution of the Riverbottom Park Habitat Restoration Project: Task 1. lrrigation Operation Under supervision of River Partners Field Manager, City PARCS maintenance staff will operate the drip irrigation system duringthe growingseason. Operation of the drip irrigation system includes delivering, setting up and operating the main pump as needed, monitoring the drip irrigation system and performing minor repairs as needed, and removing the pump from the site when irrigation is complete. Storage of the pump will be the responsibility of PARCS. The drip irrigation system will be installed by River Partners, The anticipated duration of thistask is March - November during the years 20t4, 2015, and 20L6, but timing may be altered based upon climate and plant needs. Task 2. Weed Control Under supervision of River Partners Field Manager, City maintenance staff will mow, disc, or spray herbicides at the site during the growing season as needed. Weed control activities will be performed under the guidance of a Pest Control Advisor in agreement with all State and County regulations. Task 3. Project Management PARCS will invoice River Partners on a bimonthly basis for work performed. lnvoices will include a brief description of work performed during the reporting period. PARCS will report significant developments to River Partners. PARCS will participate in community outreach events as possible. Fresno PARCS Services Agreement -9of12-5/9/2013 serv¡ces contract. R¡verbottom Park Habltat Restoration Project River Partners, Chico CA Exhibit B: Complet¡on Schedule This Agreement will commence on execution and be completed no later than 48 months from commencement date, in accordance with Table l below. Table 1. Task Schedule - Riverbottom Park Habitat Restoration Project Fresno PARCS Serv¡ces Agreement -7Oof72-s/9/2073 Services Contract, Riverbottom Park Habitat Restoration Projec River Partners, Chico CA Exhibit C: Project Budget and Payment Costs shall not exceed the total payment amount of $46,800 unless written approval is received from PARTNERS, after WCB coordination and approval. PARTNERS may allow funds to be transferred between tasks as needed and in accordance with the Primary Agreement. PARTNERS may withhold, from the invoiced payment amount to Contractor, an amount equal to ten percent (L0%) of that payment. Such ten percent retention shallbe disbursed upon satisfactory completion of services and upon receiving payment from WCB, CONTRACTOR will bill PARTNERS for the professional services performed hereunder on a time and materials basis utilizing the rates identified in the project rate schedule and the schedule for direct expenses below. City PARCS Laborer $tS/hour City Principal Account Clerk $Zt/hour City vehicle So,s6lmile Table 2 represents estimated values by task number for project management purposes. Request for payments will be evaluated and correlated against these projections with consideration of reported percentage of work completed. able 2, Estimated Project Cost by Task per r Year 1 Year 2 Year 3 Task 1. lrrigation Operation s 10,880 s 10,880 $ 10,880 Task 2. Weed Control $ g,zzo S 3,220 s 3,22O Task 3. Proiect Manaqement s 1,500 s 1,500 s 1,500 Total NOT TO EXCEED s 15,600 s 15,600 s 15,600 Fresno PARCS Services Agreement -11"ofL2-s1912013 Services Contract, Riverbottom Park Habitat Restoration project River Partners, Chico CA Exhibit D: Primary Agreement Fresno PARCS 5ervices Agreement -12of72-s/s/2013 S,an Joaquin River Parkway, Riverbottont Park and Schneider Propefty Habitat Restoration, Fresno County Grant Agreentent Number-WC12J0, project tD 2012151 Recording requested by, and when Íecorded txailto: SÏATE OF CALIFORNIA Department of Fish and Game Wildlife Conservation Board 1807 13rh Street, Suite 103 Sacramento, California g5B1 1 Space above this line for Recorder's Use NOTICE OF UNRECORDED GRANT AGREEMENT John P. Donnelly, Executive Director DATE DATE EXHIBIT F Page 1 Project: San Joaquin River Parkway, Riverbottom Park and Schneider Property Habitat Restoration County: Fresno project lD:2012151 A Grant Agreement titled for reference purposes as San Joaquin River parkway, Riverbottom park and Schneider Propertytlabjtat Restoration (Agreement No. WC-1230), was entered into by andbetween the State of California, by and through the Wildlife Conservation Board (BoarOj, RiverPailners (Grantee) and City of Frenso (Landowner). As this recording is on the Uènalt oî tfreState, please note the recording of these documents is not subject to payment of fees pursuant to Sectíon 27383 of the Government Cocle. The Board, Grantee and Landowner entered into said Grant Agreement (No. WC-1230),pursuantto which the Board granted funds to Grantee to perform certaín activities on the certainreal property in Fresno County owned by the Landowner, to Restore Riparian Habitat. The GrantAgreement term runs from Novenrber 29, 2o'12, through December 31. 2016, for capital improvements and restoration activities and from Decãmber 31, 2016 through December g1, 2022, for management practices. The terms, conditions and restrictions of tñe Grant Agreernentare binding upon and inure to the benefit of the Landowner, and their respective personäl sLlc.cessors, and assigns and shall continue as a servitude running for theproject on the subject lands as described in Exhibit "A" attached llereto in by this reference. For additional terms and conditions of the Grant,reference should be made to the Grant Agreement which is on file with the wildlife conservationBoard, 1BO7 13rh Street, Suite 103, Sacrãmento, California g5g.11. SIGNATURE OF STATE OF CALIFORNIA, WILDLIFE CONSERVATION BOARD SIGNATURE OF ARTNERS SIGNAT-URFgF LANDOWNER, CITY OF FRESNO udd, Assistant City Manager DAÏE CALIFORI\IA ALL.PURP O SE CERTIFICATE OF ACIfl\OWLED GME,I\T State of Calif'oLnia County of on .( pelsonally appealed who proved to me on the basis of satisfactoly evidence to be the person(s) whose name(s) is/are subscrìbed to the within instlutneut and aclcnowleclgecl to me that he/slie/they executed the same in his/her'/their authorized capacity(ies), and tl-rat by his/her/their signatule(s) on the instlument the pelson(s), or the entity upon behalf of which the pelson(s) actecl, executed the instruLment. I certify Lurcler PENALI'Y OF PERJURY uncler the laws of the State ol' is tlue and corlect. palagraph W.Z J BROWN Commission # 1BSS373 Notary Publlc - Calilornia Bulto County Comm.Jul 20. 20 I 3 (N0tnry Seaì) ADDITIONÄL OPTIONAI, INìIORMA1' f ON DESCRIPTION Oþ- THE ATTACHI]D DOCUMENT ('l itlc ordcscri¡rlion of altached docuDìcrìt) (Title or descÌiptìon ofattachcd docurrcnl continucd) Numl¡el of Pages _._ Docunreut Date (Additional iufìr nration) CAPACTf Y CL,AIMED BY TI-IE SIGNER n lndividual (s) tr Corporate Officer' (Tirte) n Partner(s) ll Attolney-in-Fact [J TrLrstee(s) l] Other INSTRUCTlONS FOR COMPT,I]TING THIS I'OIìM Att¡t uclatovledgttent conpleled in Caltfonûø Dilrst contain tetbnge etactly os oppecn's above ¡n rhe notory sect¡on or a separcile acknowleclgtttetú fotnnust be ptoperly cotilpleled cncl altached to that docunenl 7'1rc onl¡' exceplion ¡s ít fl doctntenî is to be recorded outside olCalUôn¡a ln such ¡nslonces, any ultarnattvc ttcknowleclgnenl yerb¡age as nuy ba pinted on such ct clocttment so long as the verbíage does ilot requit'e l)rc notqry) lo do souething tllqt ís illegal fot'q nolor), ù1 Cdiþrnia (i e. certifying the authotizecl capocity of lhe signer) Please check the clouutent corellly lor pt oper nolot í(l vot ding ancÌ attach this Jòrnt íf t equú ed. . Stâte and County int'ormation must be the St¿rte and Coun[y lvhere tl]e d0cunlent signer(s) personally a¡:peared bel'ore tlìe notary prrblic lor acknowledgrnent . Datc of notarization ¡nust be the date that tbe signe(s) per.sonally appeartd s,hich rnlrst also be fhe same date the acknowledgrnent is uontpleted . The notary pLrblic must print his or her rame as it appears within hrs or her comr¡issiorr lbllorved by a courna and then your titìe (notary public) . Priììt the nanre(s) of docfineDt signer(s) rvho personally appear irt the tr¡]re 0l notarization. . lndicate the correct singular or plLLraì lorns by crossìng off incorrect fbnns (r e h+/she/tlæ¡¡is/are)orcirclingthecorrectfornrs FailuretocorrectlyìndicaLethis iu[ormation may lead to rejection ofdocunìent recording . Jhe notary seal irnpression ìnust be clear and photographically rcproducible Itrpression must not cover texl or lines tfscal impression smudges, rc-seaì ifa sutficicnt area pernrits, olherwise complcte a dillercnt acknowledgnrcnt lonn . Signntrre o[ the notary pLrblic rrust ìnaLch the signatLrrc on lile rvith thc ulÏice 0l the county clerk 'l Atlditional intbnnation is rrot required but could help lo ensrrre th¡s acknowledgnrent is uot misused or attached to a dit'ferenL docurrent.! lndicaLe title or Lype olättache(l docurnelt, number ol pages and rìaLe,! tndicate thc capacity clairned by the signer lfthe claimed capacity rs a corporate olïicer, indicate the title (i e. CEO, CFO, Sccrctary) . Securely at¡ach this (locurìlent to the signed document 2008 Version CAPA vl2 l0 07 800-871-9865 rvu,u,Notar),Classes conì LEGAL DEsc#ËfiåfiË;'ðior ro.. o.. 6_?s-97 Tlrat portion ol trro North harf of soction 33, Township 12 south, trango rg E'st, Mounrii::ltåt:: ¡nd tlerldian' in tt'u-ð¡ti-"iï."no, counrv or rrusno. ö¡are or carirornia, oufs€s: " .'i::,,,:iì:t*îiì åJ, t, i3.,,'_îî1,"ãfaot; thence South 41 q42'04" Ëast, a" East, ¿ d¡strnco of g3g.g4 fs€t; thêtìco distance of 123,Sg leet to the pOINT OF Containing 3b,76 acres, more or less. nESFfIVING lHüRIFROM AN EASEMENT {or rtre purpose of ç.¡rerjing and v [],\ÂE^ r0 B{: DËEDED ro puBLrc Á'€¡r:ltttï.;rl" E t¿ É zt o.? z ùt Its Lo U JÉUt-2I l¡,F g xoeqÈ L ¡NE[uttðåft 0E^RtNO D I Sr^Nc€ -*-.1-- fl -e=: SCALE ¡ t,,- 5O0' PORT¡fJN OF ]'HE N0RT¡I HALF OF $EOTÌON 33, l?/lg, T0 8E ÞËEDËr)ÏO A PUBI,¡C ,\GENCY "{ 'ts.62uurUÊ/[6: IoÉ ¿t IÉ EolJÈdA I00L I5> ø .c <o<o[z LÉ ønÉo zLt nd -.ú ì ¡ ^{,.. 4.¡q,,., r-å_s\.,Þ_