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HomeMy WebLinkAboutC-5706 - Encroachment Agreement EPN N2013-0431 for 30 Bay IslandBatch 3796826 Confirmation Page 4 of 5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-891-5 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 101111111111111110011111111101 111 NO FEE * S R 0 0 1 0 3 4 7 1 5 0$* 2018000335427 9:12 am 09/13/18 63 406 Al2 13 0.00 0.00 0.00 0.00 36.00 0.00 0.000.000.00 0.00 Space. above this.line for Recorder's use only. FIRST AMENDMENT TO ENCROACHMENT AGREEMENT (Encroachment Permit Number N2013-0431) This FIRST AMFNDMMFNT TO ENCROACHMENT AGREEMENT ("First Amendment"), dated as. o IL, 2018.(the "Effective Date"), is made and entered into by and between the . CITY OF NEWPORT BEACH, a California- municipal corporation and charter city (the "City"), and BAY ISLAND CLUB, a Califomia corporation ("Owner"). Together, •the• City and the Owner shall be referred to as the "Parties". RECITALS A. The City and Owner entered into that certain Encroachment Agreement, .dated February 5, 2014, which was recorded in the Official Records of the County of Orange, State of Califomia ("Official Records") on March 6, 2014 as Instrument No. 2014000085712 (the "Agreement") with respect to that certain real propertylocated at or around 30 Bay Island in the City of Newport. Beach, County of Orange, State of California, legally described as Township 6-S, Range 10,Section 34, as shown on a map recorded in Book 3, Page 7 of Miscellaneous Maps in the Official Records, and having Assessor's Parcel Map Number 040-02 ("Property"); B. The Agreement provided for the Owner to install and _ construct certain non- standard improvements (the "Permitted Improvements") within the :Edgewater. Avenue right- of-way (the "Right -of -Way") located adjacent to the Property and, thereafter, to use, operate, maintain, repair, replace and reconstruct said Permitted Improvements; C. Owner has submitted plans and applied to the City for the relocation of certain Permitted Improvements and for the City to maintain certain Permitted Improvements; all as described on Sheet No. . 1 of Exhibit A attached hereto and incorporated herein by this reference; D. The City desires. to (i) permit the Owner to relocate those certain Permitted Improvements depicted on Sheet No. 1 of Exhibit A,. and (ii).assume maintenance, repair, and . replacement of those certain Permitted Improvements described on Sheet No. 1 of Exhibit A commencing as of the Effective Date of this Agreement andcontinuing thereafter Bay Island Club First Amendment to Encroachment Agreement https://gs.secure-recording.com/Batch/Confirmation/3796826 09/13/2018 Batch 3796826 Confirmation Page 5 of 5 during the term of the Agreement, as amended by. this First Amendment; and E. The City and Owner desire to modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION. OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES.. AGREE AS FOLLOWS: SECTION 1. DEFINED TERMS. Except as otherwise provided herein, capitalized words and terms used in this First. Amendment, if not defined in this First Amendment, shall have the meanings ascribed thereto in the Agreement. SECTION 2. PERMITTED IMPROVEMENTS: As of the Effective Date of this Agreement, the Permitted Improvements, Exhibit A to the Agreement, is hereby deleted in its entirety and the revised Permitted Improvements, attached hereto as. Exhibit A, is hereby substituted in its place. All references to the Permitted Improvements or the revised Permitted Improvements herein andin the Agreement shall be to the revised Permitted Improvements attached to this First Amendment as Exhibit. A. SECTION 3. CITY'S OBLIGATION TO MAINTAIN, REPAIR AND REPLACE CERTAIN PERMITTED IMPROVEMENTS. The City hereby agrees to and shall maintain, repair and replace the two benches depicted on Exhibit A attached hereto in accordance with the City's standards of maintenance and to pay all costs and expenses incurred in doing so. SECTION 4. INTEGRATION. This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This. First Amendment amends, as set forth herein, the Agreement and, except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. SECTION 5. AUTHORITY OF SIGNATORIES. By signing below, the Parties warrant and represent that the persons executing this First Amendment on their behalf have full authority to do so. Bay Island Club First Amendment. to Encroachment Agreement https://gs.secure-recording.com/Batch/Confirmation/3796826 09/13/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Attn: City Clerk's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 pace above this line for Recorder's use only. FIRST AMENDMENT TO ENCROACHMENT AGREEMENT (Encroachment Permit Number N2013-0431) This FIRST AMENDMENT l'O ENCROACHMENT AGREEMENT ("First Amendment"), dated as ofo'=. i , 2018 (the "Effective Date"), is made and entered into by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (the "City"), and BAY ISLAND CLUB, a California corporation ("Owner"). Together, the City and the Owner shall be referred to as the "Parties". RECITALS A. The City and Owner entered into that certain Encroachment Agreement, dated February 5, 2014, which was recorded in the Official Records of the County of Orange, State of California ("Official Records") on March 6, 2014 as Instrument No. 2014000085712 (the "Agreement") with respect to that certain real property located at or around 30 Bay Island in the City of Newport Beach, County of Orange, State of California, legally described as Township 6-S, Range 10, Section 34, as shown on a map recorded in Book 3, Page 7 of Miscellaneous Maps in the Official Records, and having Assessor's Parcel Map Number 048- 040-02 ("Property"); B. The Agreement provided for the Owner to install and construct certain non- standard improvements (the "Permitted Improvements") within the Edgewater Avenue right- of-way (the "Right -of -Way") located adjacent to the Property and, thereafter, to use, operate, maintain, repair, replace and reconstruct said Permitted Improvements; C. Owner has submitted plans and applied to the City for the relocation of certain Permitted Improvements and for the City to maintain certain Permitted Improvements, all as described on Sheet No. 1 of Exhibit A attached hereto and incorporated herein by this reference; D. The City desires to (i) permit the Owner to relocate those certain Permitted Improvements depicted on Sheet No. 1 of Exhibit A, and (ii) assume maintenance, repair, and replacement of those certain Permitted Improvements described on Sheet No. 1 of Exhibit A commencing as of the Effective Date of this Agreement and continuing thereafter Bay Island Club First Amendment to Encroachment Agreement 1 during the term of the Agreement, as amended by this First Amendment; and E. The City and Owner desire to modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. DEFINED TERMS. Except as otherwise provided herein, capitalized words and terms used in this First Amendment, if not defined in this First Amendment, shall have the meanings ascribed thereto in the Agreement. SECTION 2. PERMITTED IMPROVEMENTS. As of the Effective Date of this Agreement, the Permitted Improvements, Exhibit A tc the Agreement, is hereby deleted in its entirety and the revised Permitted Improvements, attached hereto as Exhibit A, is hereby substituted in its place. All references to the Permitted Improvements or the revised Permitted Improvements herein and in the Agreement shall be to the revised Permitted Improvements attached to this First Amendment as Exhibit A. SECTION 3. CITY'S OBLIGATION TO MAINTAIN, REPAIR AND REPLACE CERTAIN PERMITTED IMPROVEMENTS. The City hereby agrees to and shall maintain, repair and replace the two benches depicted on Exhibit A attached hereto in accordance with the City's standards of maintenance and to pay all costs and expenses incurred in doing so. SECTION 4. INTEGRATION. This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Agreement and, except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. SECTION 5. AUTHORITY OF SIGNATORIES. By signing below, the Parties warrant and represent that the persons executing this First Amendment on their behalf have full authority to do so. Bay Island Club First Amendment to Encroachment Agreement 2 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS FIRST AMENDMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: 0 Z , 2.0 lE Date: ��'AaByB4vyMa ron C. H � -f-*-ts ��` K ` L u��Gq City Attorne naWgerJ ATTEST: R �� Jo OWNER(S): Bay Island Club, a Date-.— 0 California corporation Date: / / i9 By. By: �n,��.......-... Leilani I. Brown Wade Cable City Clerk Chief Executive Officer Date: X-120/! O� NE r rp By: / U Janet R y n, Secretary [END OF SIGNATURES] Owners must sign in the presence of notary public ATTACHMENTS: Exhibit A — Permitted Improvements Plan as Approved by Public Works Bay Island Club First Amendment to Encroachment Agreement 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O rU o e )SS. On c ► 20 I q before me, j e- y� uJ � A cl � l Notary Public, rsonally appeared W e I-4am n�to^ C -C' L, f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) ELLEN SWINDELL Noary Public • CslBo(nis Orsnps County Commission 0 2167603 My Comm. Ex ins Oct 13 2020 State of California County of QrGt.e:n )SS. r _- On XyGIV -j- 7_p, 20 efore me, �V�I� (j(�/ll r�t� Notary Public,, p sonally a ared AAPA lvueco?- proved to me on the basis of satisfactory evidence to be the person(s) who name(s) is/axe subscribed to the within instrument and acknowledged to me that -fS/she%they- executed the same in 44/her/then- authorized capacity(ies), and that by b.is/her/t-hrt'ir signatures(s)-on the instrument the person(,g), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ��•�PR11111,' AWIE IV, WITNESS my hand and official seal. m�o��o�a�v P�b,,c29s Signature (seal) �y(, p'dngec000 LO,� /fit 1W Bay Island Club First Amendment to Encroachment Agreement 4 EXHIBIT A PERMITTED IMPROVEMENTS PLAN Bay Island Club Encroachment Agreement A-1 aPo__4V '4 oyQ� �4 e a �00 LL _ 0 X `-'i LU ) }j sk \k §) E RELOCATEDr, BENCHES TO BE MAINTAINED BY CITY `� i f U a n r7 ��' aipMa 4� .S py9n d nE �\np 5Y 5 P�pls� RELOCATED TRASH RECEPTACLE TO BE :t MAINTAINED BY BAY qa ISLAND CLUB a q i a Is 16 g� rr a g 0 Q ae0 8 (Des �I I �I � K g � � � �� a lJ �9-�`•: a m a ase@ _ a juz w Q 00 LL _ O X rm LU RELOCATE BENCHES T BE '4 3,75. RELOCATED TRASH 3 RECEPTACLE TO BE y MAINTAINED BY BAY ISLAND CLUB ned 3 EE=_ x X x v L � sop . I U U F I�a�-GI�+Sm SiuAi� � Da o3 s " asa w g u 3 � i r. ll a!I L-_jo Sn:u o d • Ia i c Www � m z o �.: a 5� N O Za 2 U Q g f m L }0}U a' �y9nd U RELOCATED TRASH 3 RECEPTACLE TO BE y MAINTAINED BY BAY ISLAND CLUB ned 3 EE=_ ! sop . I I�a�-GI�+Sm SiuAi� €� s � g u 3 � i r. ll a!I L-_jo Sn:u o d • Ia i c �.: l f J. 05 a 00 m u- 0 0 X W RELOCATED BENCHES TO BE MAINTAINED BY CITY I N\ �v� U� Q �- 00 m LL 2 0 X U-) W � 1i• \� \^yU\` lJS ` .:; RELOCATED TRASH RECEPTACLE TO BE MAINTAINED BY BAY ISLAND CLUB I N\ �v� U� Q �- 00 m LL 2 0 X U-) W f \ . \ \ \ / .. . Q! � q ., i ) . \ \ �� .. . \ ! � s ! � k 4 \i /\ N \ V ) / \ k { . , Q! � q ., i ) %// §2§ /J 2 � O;q . § k� /k : o2 °■�� n/, a■ a\ // INA \\,< /H W\ lu |. e \ d| \ §2§ /J 2 � O;q . § k� /k : o2 °■�� n/, a■ a\ // INA \\,< /H W\ WX .... ....... J j2 X� b U XXx m O a w a w w W gad R Z ;; KQ 6 a -, II �'o y O z m LL �s o; = o 00 LU I h .... ....... J CL �i! gad I h r RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 80ANNED Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIII III'I 111 lllll lllll lllll llli lllll lllll lll' 111 lllll 111 111 �lll 5 1. 00 *$ R 0 0 0 6 5 4 7 8 5 7$ 2014000085712 8:07 am 03/06/14 47 422 Al2 F13 16 0.00 0.00 0.00 0.00 42.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Encroachment Permit Number N2013-0431) THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 5th day of February, 2014, by and between Bay Island Club ("Owner"), and the City of Newport Beach, a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the Constitution, and the laws of the State of California ("City"). RECITALS WHEREAS, Owner is the vested owner of property located at or around 30 Bay Island, Newport Beach, California 92661 and legally described as Township 6-S, Range 10, Section 34, as shown on a map recorded in Book 3, Page 7 through of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 048-040-02 ("Property"); WHEREAS, Owner desires to construct certain non-standard improvements as further described herein ("Permitted Improvements") within the Edgewater Avenue right- of-way (hereinafter "Right -of -Way") that is located adjacent to Property; WHEREAS, said Permitted Improvements may interfere in the future with City's ability to construct, operate, maintain, and replace City and other public facilities and improvements within Right -of -Way; and WHEREAS, the parties hereto desire to enter into this Agreement providing for fulfillment of the conditions required by City to permit Owner to construct and maintain said Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: City and Owner acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 2. It is mutually agreed that Permitted Improvements shall be defined as: a. A bridge entry structure up to 10 feet 8 inches tall, low walls, private gate, bridge abutments, pedestrian paths, benches, trash receptacles, golf cart ramp and landscaping encroaching up to 32 feet 6 inches into the Edgewater Avenue right of way, as approved by the Public Works Department and as set forth in detail in Exhibit A, attached hereto and incorporated herein by reference. b. In addition, if any improvements actually built or installed during the time of construction vary from Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. 3. City will permit Owner to construct, reconstruct, install, maintain, use, operate, repair and replace said Permitted Improvements and appurtenances incidental thereto, within a portion of Right -of -Way, if in substantial conformance with the plans and specifications on file in City. City will further allow Owner to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 4. Rights granted under this Agreement may be terminated by City with or without cause and at any time without notice. City shall make good faith efforts to provide sixty (60) calendar days' notice in advance of termination, specifying in said notice the date of termination. City shall incur no liability whatsoever in the event of the termination of this Agreement or subsequent removal of improvements by City. 5. Owner and City further agree as follows: a. Owner may construct and install Permitted Improvements and appurtenances incidental thereto in substantial conformance with the plans and specifications on file in City's Public Works Department, and as described on Exhibit A. b. Owner shall maintain Permitted Improvements in accordance with generally prevailing standards of maintenance and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require Owner to maintain, replace or repair any City -owned pipeline, conduit or cable located in or under said Permitted Improvements, except as otherwise provided herein. C. If City or other public facilities or improvements are damaged by the installation or presence of Permitted Improvements, Owner shall be responsible for the cost of repairs. d. Should City be required to enter onto said Right -of -Way to exercise its primary rights associated with said Right -of -Way, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, City Bay Island Club Encroachment Agreement 2 may remove portions of Permitted Improvements, as required, and in such event: (i) City shall notify Owner in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) Owner shall be responsible for arranging for any renewal, replacement, or restoration of Permitted Improvements affected by such work by City. (iii) City agrees to bear only the cost of any removal of Permitted Improvements affected by such work by City. (iv) Owner agrees to pay all costs for the renewal, replacement, or restoration of Permitted Improvements. 6. In the event either party breaches any material provision of this Agreement, the other party, at its option may, in addition to the other legal remedies available to it, terminate this Agreement and, in the event the breaching party is Owner, City may enter upon Right -of -Way and remove all or part of the improvements installed by Owner. Termination because of breach shall be upon a minimum of ten (10) calendar days' notice, with the notice specifying the date of termination. 7. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 8. Owner shall defend, indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of Permitted Improvements. 9. Owner agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of Owner's interest in the land, whether fee or otherwise; and shall be recorded in the Office of the County Recorder of Orange County, California. 10. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, California. 11. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by Bay Island Club Encroachment Agreement 3 reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 13. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 14. Owner shall, at Owner's own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 15. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURES ON NEXT PAGE] Bay Island Club Encroachment Agreement 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1- 3d - 4 By: Ad IvILU. yv o T-4— Aaron Harp City Attorney ATTEST: Date: -0* By: A& J,Nwv Leilani I. Brown City Clerk ;�IxoRx:; ATTACHMENT: CITY OF NEWPORT BEACH, a California municipal corporation Date: 2 1 Tul - I L-( By: Dave City Manager OWNER(S): Bay Island Club, a California corporation Date: Z • r ' 14, By: Wade Cable Representative, Bay Island Club [END OF SIGNATURES] Owners must sign in the presence of notary public Exhibit A —Permitted Improvements Plan as Approved by Public Works Bay Island Club Encroachment Agreement 5 ACKNOWLEDGMENT State of California County of (I-) e— } ss. On _�� . 20la before me, Susan W. Manrow, Nota1y Public Notary Public, personally appeared \nl a p_ C AIn1 e. who proved to me on the basis of satisfactory evidence to be the person() whose name( is/are subscribed to the within instrument and acknowledged to me that he/she/they exeduted the same in hisAhe Al-teir authorized capacity(ies),and that by his/her/their signatures(,8'') on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUAN w. MANROw .c}j,�: Commission # 1945111 :.��`e `< Z ;,) Notary Public California z z °�„�_ Orange County r PAy Comm. Expires Aug 19, 2.015 Signature ACKNOWLEDGMENT State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Bay Island Club Encroachment Agreement 6 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 C..a2_aaC_s�C� ...�� _caC.T<.c��_s� _T _�•.. �..a�•.� _saC.. C�•s�R_caC_ca ... _sa ..ca�•_�C!T _sv.. �V,.-�,C C_�C� �•s�C_s�C...� .�S_c�S��•_�Cs�C.ciC�C_s�•.r. State of California County of (�Q_4a N CC, l._ On LU � �� before me,��[iNNIr-� YZ, ( f�1N �,V1Ui,_VL0-r-P _ I,C r Date Here Insert Name and Title of the bfficer personally appeared D A VC V-\ Fir ;.� JENNIFER ANN MULVEY fy, Commission # 2045022 Notary Public - California i Orange County My Comm. Expires Oct 12, 2017 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personal whose name* is/ar6 subscribed to the within instrument and acknowledged to me that he/she/thRq executed the same in his/h,er/ti r authorized capacity(ies), and that by his/Ier/thdir signature* on the instrument the person(, or the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my harO and official seal. Place Notary Seal Above Signature: ignature o No ary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Cl Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Ej Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LG�G�G�G�Gv G'✓ �✓�G�'�.G'✓G'✓G�6�'✓.G'•✓G�✓GC✓i✓ �G'erG'�G-.rG� 'rrtiG'.eiG� �✓G��.G�G�.1•�. G'✓G�✓G�✓G�'✓. •✓G' •✓G'✓i•✓G�G�G'✓G'✓ •✓G�4�✓�� � 1 • • ' • • • • • • ill � �' ill i • •: •1 z z gs ba snuo bP°Ole� yu _ as o°t a p�eu P. 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