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HomeMy WebLinkAbout2002-01-22; Housing & Redevelopment Commission; 343; Parking In Lieu Fee At 417 Carlsbad Village DrI3 W 0 > a a 2 z 0 i= 0 z 0 v) v) z 2 0 0 .. a - - HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL .B# 3y3 ITITLE: I DwT. HD. " A. " PARKING IN-LIEU FEE PROGRAM PARTICIPATION KG. 1-&.&-(Ja IEPT. HIRED CITY ATTY.x/ AGREEMENT FOR 417 CARLSBAD VILLAGE DRIVE (FISH HOUSE VERA CRUZ) CITY MGR. RECOMMENDED ACTION: ADOPT Housing and Redevelopment Commission Resolution No. 5 50 amrovinq a Parking In-Lieu Fee Program Participation Agreement between the Commission and Butler Properties, LLC., property owner/developer, for the project known as Fish House Vera Cruz Restaurant and retail Fish Market located at 417 Carlsbad Village Drive within the Village Redevelopment Area of the City of Carlsbad. ITEM EXPLANATION: On June 8, 1999, the Housing and Redevelopment Commission approved Resolution No. 309 authorizing implementation of the parking programs as set forth by staff in the Parking in the Carlsbad Village Redevelopment Area Report, including the Village Parking In-Lieu Fee Program. The fee of $1 1,240 per parking space for participation in the Village Parking In-Lieu Fee Program was established by the Commission on June 8, 1999. With the Commission's determination on June 8, 1999 that there is adequate public parking to accommodate additional private development, and by setting the fee for the program, the Village Parking In-Lieu Fee Program became fully effective as of June 8, 1999. Proiect Backqround On January 5, 1993, the Housing and Redevelopment Commission approved Major Redevelopment Permit No. 92-10 and Coastal Development Permit No. 92-08 approving the demolition of an existing retail building and construction of a new 3,346 square foot Fish House Vera Cruz Restaurant and Fish Market. To satisfy the total parking requirement of 26 spaces, the project was approved requiring ten (IO) spaces to be constructed on site within a private. parking lot and requiring the property owner to the subject property had a previously approved agreemenupermit which allowed the subject site to use enter into a sublease agreement with the Redevelopment Agency for eleven (1 1) spaces. In addition, five (5) public parking spaces within the adjacent public parking lot located immediately to the west to the applicant and was allowed to continue indefinitely. The approved permit for Fish House accepted satisfy a portion of the parking requirement. This agreement (for 5 spaces) was permitted at no cost to this previous agreement and allowed the five (5) spaces to count towards satisfaction of the parking requirements for the restaurant. The three (3) parking arrangements noted above were approved by the Commission in 1993 to satisfy the parking requirement of 26 spaces total for the project. As noted above, the applicant was required to sublease 11 spaces within the adjacent public parking lot to the south of the site on property located at 3045-65-67 State Street (or, more commonly referred to as the Baumgartner lot) on a non-exclusive basis. The applicant was required to make a monthly lease payment to the Redevelopment Agency which was equal to twenty-two percent (22%) of the base rent payable by the Agency to the private property owner (from which the Agency leases the property for public parking purposes). On December 14, 1993, the Housing and R&evelopment Commission approved the parking sublease agreement for the 11 required parking spaces. The term of the sublease was five (5) years from the date the Certificate of Occupancy was issued for the restaurant which was September 27, 1993. The subject sublease subsequently expired on September 27, 1998. However, to maintain the effectiveness of the parking condition and remain i comphance with the approved Fish House (Butler Properties, LLC) continued to date to make the month y sublease payments in order permit. As part of the approved parking sublease, Fish House and the Commission could agree to renew the sublease at the end of each five year term for an additional five years. The applicant also had the option to satisfy the parking requirement through an alternate method if so desired. 2. ' AB# 3 Y3 Page 2 Due to approval of the Parking In-Lieu Fee Program on June 8, 1999, Fish House now has the opportunity available to participate in the one-time payment program rather than continue the monthly sublease arrangement noted above. Fish House has indicated that they would like to participate in the parking in-lieu fee program and not renew the subject sublease. For Fish House, the total one time fee would be $123,640. Once the fee is paid, Fish House would have no further obligation for monthly parking sublease payments related to the current restaurant operations. If the land use changed or was intensified at a later date, the applicant may have additional parking requirements which would be determined at the time of application. A Parking In-Lieu Fee Program Participation Agreement has been prepared by staff and executed for Fish House Vera Cruz by the properly owner (Butler Properties, LLC). The Agreement is now presented for review and action by the Housing and Redevelopment Commission. The terms of the Agreement are as follows: The property owner shall pay a parking in-lieu fee for a total of eleven (1 1) parking spaces. The total fee ($123,640) shall be paid in full by the property owner within no later than sixty (60) days of approval of the Agreement by the Commission. The property owner shall receive a credit towards payment of the total fee equal to the total amount of confirmed sublease payments made from July 1, 1999 to the date the total fee is due to the Redevelopment Agency. At this time, the total credit is estimated at $23,000. The property owner shall have no right to designated parking spaces, nor shall the owner have exclusive use of any public parking spaces. In exchange for participation in the subject program, the Commission agrees that the parking conditions for RP92-10 and CDP 92-08 have been satisfied, and the originally approved permit remains in full force and effect. 114 It is important to note that approval of the subject parking in-lieu fee participation agreement will benefit and bind the current property owners as well as any successive owners of the subject property and project. Staff Recommendation The subject property is eligible to participate in the approved Parking In-Lieu Fee Program for up to participate for a total of eleven (1 1) spaces which represents 42% of their total parking requirement. It is 100% of their total parking requirement (26 spaces). However, they only need, and are requesting, to staffs recommendation that the Housing and Redevelopment Commission approve the attached Parking In-Lieu Fee Participation Agreement which will allow the property owner at 417 Carlsbad Village Drive to pay a fee to satisfy a portion of the parking requirements for the previously approved 3,346 square foot restaurant and fish market currently known as Fish House Vera Cruz. reasons for negotiation of selected terms of the attached agreement. First, as noted above, the For discussion and clarification purposes, staff provides the following additional information on the attached agreement, if approved, will allow Fish House to receive credit towards payment of the total parking in-lieu fee in an amount equal to the total confirmed sublease payments made from July 1, 1999 to the date the total fee is due to the Redevelopment Agency. This credit amounts to approximately $ 23,000. The justification for this credit is related to the fact that the Agency has entered for one of those subleases. The sublease was not the desired method for meeting the parking into only two of the subject subleases to satisfy parking requirements, and Fish House was approved requirements. However, the Commission approved the agreement to help facilitate construction of the Fish House Vera Cruz Restaurant. The Parking In-Lieu Fee Program was years away from approval, but the Agency was working on the concept at the time the subleases were approved. Staff had indicated to Fish House at the time of sublease approval that they could convert the sublease into a Parking In-Lieu Fee Participation Agreement at a later date, if the program was ultimately approved. If the Parking In-Lieu Fee Program had been in place at the time the Fish House project was approved, -z/ AB# 3L\3 Page 3 the owner would have been required to make the one-time parking payment prior to issuance of the building permit. Staff believes, therefore, that it is fair and reasonable to allow for the credit of a portion of the sublease payments by Fish House in order to remain consistent with the design of the Parking In- Lieu Fee Program and its maximum one-time fee (currently $1 1,240 per required parking space to be satisfied off-site). Second, as noted above, the Fish House project was approved with the continued allowance of credit for five (5) spaces in the public parking lot to the west with no requirement to make sublease payments to the Redevelopment Agency. Fish House was only required to make subleases payments on 11 off- site public parking spaces. Therefore, staff is recommending that Fish House be required to pay the parking in-lieu fee for 11 spaces only. The option is that Fish House could have been required to pay the parking in-lieu fee for a total of 16 spaces, which are all provided within off-site public parking lots. However, because the Fish House project was approved by the Commission with a parking plan that included the 5 off-site spaces with no requirement to make sublease payments, staff felt that it would be fair and reasonable to exclude these spaces from the Parking In-Lieu Fee Participation Agreement. Fish House would simply continue to receive this 5 parking space credit as a result of their redevelopment permit approval. The attached agreement has been prepared and executed by Fish House (Butler Properties) with the recommended terms as outlined above. If the Housing and Redevelopment Commission does not find these terms and related policy decisions to be acceptable, the Agreement should be referred back to staff for revisions. FISCAL IMPACT The current Village Parking In-Lieu Fee is $1 1,240 per required parking space to be provided off-site. With a requirement to pay for eleven (1 1) parking spaces, the total parking in-lieu fee to be deposited into the Carlsbad Redevelopment Agency Parking Fund, per the subject agreement, will be $123,640. If the participation agreement is approved, the property owner will be allowed to receive credit towards payment of the total fee equal to the total amount of confirmed sublease payments made from July 1, 1999 to the date the total fee is due to the Carlsbad Redevelopment Agency. To date, the property owner has made payments which equal approximately $23,000. All of the payments made to date, and any outstanding balances for lease payments required prior to July 1, 1999, will need to be confirmed and the final eligible amount for the credit will then be applied toward the total parking in-lieu fee. The Redevelopment Agency would receive approximately $100,640 in additional funds to be deposited into its Parking Program Account. Any credited amount for previously remitted lease payments since July 1, 1999 (estimated to be $23,000 at this time) will be transferred from the Redevelopment Agency Operations Fund to the Redevelopment Agency Parking Fund. As noted above, the full payment to the Parking Fund, if the subject agreement is approved, will be $123,640. The Parking Fund is to be used to finance improvements to existing Village public parking lots and/or for the provision of additional public parking within the Village Redevelopment Area. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 350 approving a Parking In-Lieu Fee Participation Agreement between the Commission and Butler Properties, LLC., property owner, at 417 Carlsbad Village Drive in the Village Redevelopment Area. 2. Parking In-Lieu Fee Participation Agreement between the Commission and Butler Properties, LLC (Ron Butler - President), property owner. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.= A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION AND BUTLER PROPERTIES, LLC., PROPERTY OWNER, FOR THE PROJECT KNOWN AS FISH HOUSE VERA CRUZ LOCATED AT 417 REDEVELOPMENT AREA. OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN- CARLSBAD VILLAGE DRIVE, APN203-296-07, IN THE VILLAGE WHEREAS, on January 5, 1993, the Housing and Redevelopment Commission approved a Major Redevelopment Permit (No. 92-10) and Coastal Development Permit (92-08) to allow Butler Properties, LLC., formerly referred to and known as Fish House Foods, Inc. , Property OwnerlDeveloper, to construct a 3346 square foot restaurant and retail fish market on property located at 417 Carlsbad Village Drive (Assessor Parcel # 203-296-07) within the Village Redevelopment Area of the City of Carlsbad; and WHEREAS, as a condition of approval of Major Redevelopment Permit 92-10 and Coastal Development Permit 92-08, the Commission and Property OwnerDeveloper agreed to enter into an agreement to allow the Property OwnerlDeveloper to satisfy a portion of the project parkng requirement (11 spaces) through a public parkng sublease agreement which was approved on December 14, 1993; and WHEREAS, the subject Public Parhng Sublease Agreement had a five year term which expired in December, 1998 and requires renewal, or satisfaction of the required eleven (11) parkng spaces through an alternate means, in order for Butler Properties, LLC to continue operations of the subject restaurant and retail fish market; and I WHEREAS, the Property OwnerDeveloper has requested, and the subject property is eligible, to participate in the recently established Parking In-Lieu Fee Program to satisfy the eleven (11) space parking requirement which was the subject of the recently expired Public 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, by execution of the subject Parking In-Lieu Fee Program Participation : total of eleven (11) parking spaces to satisfy approximately forty percent (40%) of the on-site Agreement, the property ownerldeveloper agrees to pay the established Parking In-Lieu Fee for a parking requirement for the approved restaurant and retail fish market located at 417 Carlsbad Village Drive within the Village Redevelopment Area of the City of Carlsbad; and WHEREAS, the Commission finds that the subject property and project has qualified to participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and participation in the program will satisfy a maximum of approximately 40% of the parking requirements for the subject restaurant and retail fish market on the noted property at 417 Carlsbad Village Drive; and WHEREAS, the Commission has determined that the subject project is consistent with the goals and objectives of the Village Master Plan and Design Manual, and the land use is consistent with the land use district in which the property is located; and WHEREAS, the Commission has previously determined that there is adequate public parking available within the Village Redevelopment Area to accommodate a portion of the subject project's parking demands; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. That the Housing and Redevelopment Commission hereby approves the Village Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of the Carlsbad Redevelopment Agency, and Butler Properties, LLC, property owner and developer of the project known as Fish House Restaurant and Fish Market which was previously constructed at 417 Carlsbad Village Drive, in the Village Redevelopment Area of the City of Carlsbad. 1/11 2 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 r 24 25 26 21 28 C 3. That with participation in the Parking In-Lieu Fee Program for a total of eleven (11) spaces, the Commission agrees that the parking conditions for RP 92-10 and CDP 92- 08 have been duly satisfied by the property owner/developer. 4. That the Chairperson of the Housing and Redevelopment Commission is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. 5. That the City of Carlsbad Finance Director is hereby authorized to transfer any applicable credit for previously remitted parking lease payments by Butler Properties since July 1, 1999 from the Redevelopment Agency Operation Fund to the Redevelopment Agency Parking Fund, and to deposit the balance of the Parking In- Lieu Fee to be remitted by Butler Properties per said approved agreement into the Redevelopment Agency Parking Fund. PASSED, APPROVED AMI ADOPTED at a sDeclal meeting of the Housing and Redevelopment Commission of the City of Carlsbad, on the 22nd day of JANUARY , 2002 by the following vote, to wit: AYES: Commissioner Members Lewis, Kulchin, Finnila, Nygaard NOES: None ABSENT: Commission Member Hall ABSTAIN: None I[ ATTEST: 3 DOC # 2002-0133795 RECORDING REQUESTED BY City of Carlsbad WHEN RECORDED MAL TO RECORDS MANAGEMENT DEPART" I 6 f iCarlsbad. CA 92008 1200 Carlsbad Village Drive (Space above for Recorderb Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARTICIPATION AGREEMENT PARKING IN-LIEU FEE PROGRAM, THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this 28th day of JANUARY 2002 ,%Xkk by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a municipal corporation (hereinafter referred to as the "Commission"), and BUTLER ' PROPERTIES, LLC., a limited liability company, (hereinafter referred to as the "Program Participant"), is made with reference to the following: RECITALS A. Progkam Participant is the owner of certain real property located at 417 Carlsbad Village Drive (APN: 203-296-07) in.the City of Carlsbad, County of Sa, Diego, State of California, described in "Attachment A', which is attached hereto and incorporated herein by this reference, and which is the subject of a Major Redevelopment Permit (RP 92-10) and Coastal Development Permit (CDP 92-08), which provided approval of a 3,346 square foot restaurant ("Project") on the subject property. B. The project was conditioned to require the Program Participant to provide twenty-six . ' ' ' (26) parking spaces by cohstructing a ten (10) space parking lot on the site,, five (5) spaces on the adjacent public parking lot within the railroad right-of-way, and to sublease eleven (11) spaces on the adjacent public parking lot (known as Baumgartner lot) from the Carlsbad Redevelopment Agency on a monthly basis. C. The Public Parking Sublease Agreement between the Housing and Redevelopment Commission and Fish House Foods, Inc.(tenant) was approved on December 14, 1993, and the Program Participant began making the lease payments as of January 20, 1994. D. The Public Parking Sublease Agreement had a five year term which expired in December, 1998 and requires renewal, or satisfaction of the required eleven (1 1) parking spaces through an alternate means, in order for Butler Properties, LLC. to continue operations of the subject restaurant. 11/8/01 E. Butler Properties, LLC. has requested, and the subject property is eligible, to participate in the recently established Parking In-Lieu Fee Program to satisfy the eleven (11) space parking requirement which was the subject of the recently expired Public Parking Sublease Agreement. The project is consistent with the goals and objectives of the Village Master Plan and Design Manual, and the use is consistent with the land use district in which the property is located. F. The Parking In-Lieu Fee Program is currently in effect based on the Housing and Redevelopment Commission’s finding that there is adequate public parking available within the Village to accommodate the parking demand for the subject project, and the fee has been established for the program. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. SATISFACTION OF ON-SITE PARKING REOUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant’s obligation for providing a maximum of eleven (1 1) on-site parking spaces for the land covered by Major Redevelopment Permit No. 92-10 (RP 92-10) and Coastal Development Permit 92-08 (CDP 92-08), and upon full payment of the parking in-lieu fee releases Program Participant from the requirement to lease public parking spaces from the Carlsbad Redevelopment Agency on a monthly basis as set forth within RP 92-10 and CDP 92-08. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of eleven (1 1) parking spaces as approved by the Commission through execution of this Agreement. The total one time fee shall be paid in full by the Program Participant within no later than sixty (60) days of approval of this Agreement by the Housing and Redevelopment Commission. The fee shall be the sum total of the fee calculated by the Housing and Redevelopment Director by multiplying the current parking in-lieu fee ($11.240 as of .1/28/2000) per parking spaces needed (1 1 total) and then subtracting the total parking sublease payments made from July 1, 1999 to date by the Program Participant to the Carlsbad Redevelopment Agency. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Redevelopment Area, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the Carlsbad Redevelopment Agency in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Redevelopment Area of the City of Carlshad. In exchange for participation in the subject program, the Commission agrees to allow RP 92-10 and CDP 92-08 to remain in full force and effect. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and the conditions set forth in RP 92-10 and CDP 92-08, and will require the Program Participant to continue monthly parking sublease payments to the Carlsbad Redevelopment Agency until an alternate plan is submitted and approved for satisfaction of the project’s parking requirements. Such failure will allow the Commission and/or City to exercise any and all remedies available to it including but not limited to legal action requiring the Program Participant to cease restaurant operations on the subject property. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) Commission and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands suits, actions, obtained, allegedly caused by, arising out of or retaining in any manner to Program Participant’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY Housing and Redevelopment Commission Housing and Redevelopment Department Attn: Housing &Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE PROGRAM PARTICIPANT: Ron Butler, President Butler Properties, LLC. 3285 Corporate VW Vista, Ca. 92083-8528 Any party may change the address to which notices are to be sent by notifying the other parties of the new address. in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 1 1/8/01 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the eleven (1 1) parking spaces for the subject Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the subject Property as described in Attachment A to this Agreement. 9. JURISDICTION Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California, 1 1 1810 1 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full fo and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT Butler Properties, LLC., Property Owner By: Ron Butler. OwnerPresident By: (Sign Here) Re< Ad ,474 J /Ic I PLdJ R&mond R. Patchett, Secretary to Commission (Print Name/Title) (Proper notarial acknowledgment of execution by Program Participant must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(@ signing to bind the corporation.) APPROVED AS TO FORM: ALL, City Attorney BY: Depatp.city Attorney /- ;r 3 -hz. 1 1 /8/0 1 ATTACHMENT A LEGAL DESCRETION OF SUBJECT PROPERTY Address: 417 Carlsbad Village Drive Assessor Parcel No.: 203-296-07 The subject property is more specifically described as: Lot 1 of subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1710, filed in the Office of the County Recorder of San Diego County, December 9, 1919. Also, a rectangular strip of land one foot wide and seventy two feet long, being a portion of the westerly side of lot 2 of subdivision of a portion of Tract 106 of Carlsbad Lands, according to Map thereof No. 1710, filed in the Office of the County Recorder of San Diego County, December 9, 1919, more particularly described as follows: Beginning at the intersection of the easterly line of Lot 1 of said subdivision with the southerly line of Elm Street (also known as State Highway) and running along said easterly line of said Lot 1 in a southerly direction, 72 feet; thence at right angles in an easterly direction, 1 foot; thence at right angles in a northerly direction and parallel with said southerly line of said Elm Street (also known as State Highway); thence in a westerly direction along the southerly line of said Elm Street to the point of beginning. 1 1 /8/01 LLlFORNlA ALLPURPOSE ACKNOWLEDGMENT State of California rproved to me on the basis of satisfactory U personally known to me evidence to be the person@ whose name(@) hhre subscribed to the within instrument and acknowledged to me tha@ktdthq executed the same in authorized capacity-), and that by a/henWeir signature(&) on the instrument the person(@, or the entity upon behalf of which the person@ acted, executed the instrument. TNESS meand and official seal. OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: -L& ~ccc. rrccram kr c,,~~c~ Document Date: Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer i;l Signer's Name: ,@ Corporate Officer - mtle(s): Ou 0 Individual l?<J,:,.<.&;,4" ;,+ U Partner - 0 Limited 0 General U Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 Naf$anai Notary Association. 9350 De So10 Ave , PO Box 2402. Chatrwanh. CA 91313-2102 Pmd. No. 5907 Reorder: Call ToIl~Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On kh'. ,3k ;Ir4 1 , before me, PI], y<,,,c, 1 .SC.,,CL. d,h..;, &AI,: , personally appeared "r Ddk Name and TIle of mcer (e.% "Jane Doe. Notary P It?) NameN of Signer(.) pproved to me on the basis of satisfactory 0 personally known to me evidence to be the person@) whose name@) @we subscribed to the within instrument and acknowledged to me that&lsbdtky executed the same in Cjiiihedtbeir authorized capacity(%], and that by @he+thek signaturewon the instrument the person(& or the entity upon behalf of which the person@ acted, executed the instrument. OPTIONAL Though fhe information below is no1 required by law. it may prove valuable lo persons relying on the documenf and could prevenf Fraudulent removal and reanachmenf OF this Form to another documenf. Title or Type of Document:h.l.,.; . /.? . L,*. em- ?y Description of Attache Document Document Date: Number of Pages: Signer0 Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual Signer's Name: W-Eorporate Officer - Title@): .I& -. 1 @ 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: