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HomeMy WebLinkAboutMINUTES - 01062009 - C.08 L TO: BOARD OF SUPERVISORS Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR g ,_,• a,s Costa DATE: January 6, 2009 County sJA_coiiK• SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for RA 05-01186, Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2009/ oZ approving Subdivision Agreement (Right-of-Way Landscaping), for RA 05-01186 (cross-reference SD 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This agreement is necessary to guarantee installation of landscape improvements along Charbray Street in the Alamo Creek subdivision. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping) will not be approved. Continued on Attachment: SIGNATURE: � � RECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON m APPROVED AS COMMENDED Wf OTHER I hereby certify that this is a true and correct v0 OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT o s'ly ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: BB:jc ATTESTED: _ mCo, GAEngSv6130\2009\01-06\RA 05-01186 BO-16 FORM.docx Originator: Public Works(ES) - DAVID TW , Clerk of thaciard of Contact:Jocelyn LaRocque(313-2315) cc: Public Works-Construction Supervisors and County Administrator Current Planning,Department of Conservation and Development T—November 06,2010(PI) Shapell Homes - 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Warden By , Deputy The Continental Insurance Company 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6, 2009 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2009/ a, SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for RA 05- 01186, project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director Danville area. (District III) These improvements are approximately located along Charbray Street south of Massarra Street. The following document was presented for Board approval this date for RA 05-01186, located in the Danville area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within 2 years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: 1. Cash Deposit Deposit Amount: $6,500.00 Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. Auditor's Deposit Permit No. and Date: 515324 December 18, 2008 BB:jc I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2009\01-06\RA 05-01186 BO-16 FORM.docx Originator: Public Works(ES) action taken and entered on the minutes of the Board of Coniact:Jocelyn LaRocyue(313-2315) cc: Public Works-Construction Supervisors on the date shown. Current Planning,Department of Conservation and Development T—November 06,2010(PI) �— w Shapell domes ATTESTED: 100 N.Milpitas Blvd. Milpitas,CA 95035 DAVID TW Jerk of the VKrd of Supervisors and County Atm-Sam Warden The Continental Insurance Company Administrator 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L Stocks pp�� By Deputy RESOLUTION NO. 2009/ oL SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for RA 05- 01186, project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director Danville area. (District III) DATE: January 6, 2009 PAGE: 2 Il. Surety Bond Bond Company: The Continental Insurance Company Bond Number and Date: 929 467 100 November 21, 2008 Performance Amount: $647,390.00 Labor& Materials Amount: $326,945.00 Principal: Shapell Homes, a Division of Shapell.Industries, Inc., a Delaware Corp. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. RESOLUTION NO. 2009/ SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 05-01186 (x-ref SUB 99-08381) Effective Date: Subdivider: SWI;-VL-1. fi'G Mf& , A C" S 100 o:- S-d'A'P E" t11P IASI{?itL/6 ; (NGL, A V ELL WA'Cf-E Go" Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) 5P-Ai,9VW £; ; A rr VlvIct Julia R. Bueren, Public Works Director tl/oucS INS • POA 0`-0T21C C-0(L4 . By: (s gnawre) R OMMENDED FOR APPROVAL: (� By: (signature) r Engin #ing+Sices 4D (print name&Itle) �06v+ b Wove 4w FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider Is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES& DATE. Effective on the above date,the County of Contra Costa,California, hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3.' IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 6.500.00 cash,plus additional security,in the amount of $ 647.390.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 326.945.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount Securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily fora period of one-yearfrom and afterthe Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans oraccepted the work as complete,and including the defense of anysuit(s),action(s),or otherproceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work orsubdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partlyform any negligent orwillful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the Countyand itsforces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw.lap GAGrpDala\EngSvcTorm%AG WORMAG-30A.doc Rev.May 18,2001 CAUFORNIA AQ.A411VIRMISE ACKNCMLEDGMENT Sty elC of SANTA CLARA on November 25, 2008 before am SMILEY K. SANDHU, NOTARY PUBLIC nne Hem rased aname and TOO of the Deme. pets>o utW appeared Robert D. Moore and Ken Cox fuama{sf w sigrtais) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s)+josubscnbed to the within instrument and acknowledged to me that Jtelexerxded the same in#tiM%<Ey)au(horized capaca res), and that by his/her ei signature(s) on the instrument the person(s), or the entity upon behalf of SMILEY K.SANDHU which the person(s)acted, executed the instrument. CommMlon*1573474 -s Notary Public-California I certify under PENALTY OF PERJURY under the laws Santa Clara county of the State of California that the foregoing paragraph is My comm.Expires Apr 26,20 true and correct. WITNESS my hand d official seal. Place Notary Seat Above Signature Sign of otar OPTIONA 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 Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Tille(s): F--1 Partner—❑Limited ❑General ❑Partner—0 Limited ❑General F) Attorney in Fact E,Attorney in Fact • Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator • Other: ❑Other: Signer Is Representing Signer Is Representing: oaxrr otaoo of GN�yaseotlatiert•sesooa saa ate.t rat eoa ama-caaca�tn.c c rc►uaafx•�ne�onw rata xa s im AWN Rwtd r cag rdt-wee r.eoaers•sW Subdivision: RA 05-01186 (x-ref SUB 99-08381) Bond No.: 929 467 100 Premium: $2,913.00(annual) Alamo Creek IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHTOF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (Calif. Government Code sections 66462 and 66463) 1 . RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in RA 05-01186 (x-ref SUB 99-08381), as specified in the Subdivision Agreement (Right-of-Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right-of-Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final lVlap or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. as Principal, and The Continental Insurance Company ,a corporation organized existing under the laws of the State of PA , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California,to pay it: A. Performance and Guarantee: Six Hundred Forty Seven Thousand, Three Hundred Ninety Dollars (S 647,390.00 ) for itself or any city-assignee under the above County Subdivision Agreement (Right-of-Way Landscaping). B. Payment: Three Hundred Twenty Six Thousand,Nine Hundred Forty Five Dollars ($ 326,945.00 J to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division 1)1 of the Civil Code of the State of California. 3. CONDITION: This obligation is subject to the condition set forth on the reverse side hereof. A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the tune and in the manner therein specified, and in all respects according to their nue intent and meaning, and shall indemnify and save harniless the County of Contra Costa (or city assignee),its officers,agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate suretyare lield firmly bound unto the County of Contra Costa and all other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (cormnencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Acquisition of Off-Site Right-of-WayAgreelucnt agreed to by the Principal and the County shall relieve any Surety fi•om liability on this bond; and consent is hereby given to snake such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on November 21,2008 Shapell Homes, a Division of Shapell Industries, Inc., PRINCIPAL: A Delaware Corp. SURETY: The Continental Insurance Company ADDRESS: 100N. Milpitas Blvd. ADDRESS: 2355 E. Camelback Road, Suite 500 CITY: Milpitas 1 ZIP: 95035 CI'T'Y: Phoenix, AZ ZIP: 85016 BY: BX{TG��� �i t t70 - ►�s-t. y - PRINT NAME: PRINT NAME. Pamela L. Stocks- TITLE: TITLE: Attorney-in-Fact unv BY: Rev.Jure 17. 1999 PRINT NAME AND TITLE: CALIFORNIA ALUPURPOSE ACKNOWLEDGMENT State Callomia cf SANTA CLARA on November 25,2008 before me SMILEY K. SANDHU, NOTARY PUBLIC esee ffara dese, raa ne anal Tab of the onfcm personally appeared Bob Moore and Ken Cox taamefa;a Signets) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) ' r subscribed to the within instrument and acknowle ged to me that fie/ executed the same in el authorized capaaty fes), and that by Hielilw ei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SMILEY K.SANDHU Commission# 1573474 6MV1 Notaryiic-Californiaf I certify under PENALTY OF PERJURY under the laws Santa Clara County - of the State of California that the foregoing paragraph is Comm.btpiresApr 26,2 true and correct. WITNESS my hand ISO official seal. Signature Place Notary Seal Above S' nalurNafary.PuQilc OPTIONAL Though the information below is not required by late,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 Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Tille(s): ❑Corporate Officer—Title(s): I❑ Partner—❑Limited ❑General ❑ Partner—❑ Limited ❑General D Attorney in Fact 11FIVIREM n Attorney in Fact Raffiffam ❑ Trustee Top of thumb here ❑TfU8tee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other. Signer Is t3epreserotir4 Signer Is Representing: ®�orarauonarsmrarynsaoalana,•aesur>esnmma:.P.meamrzcoa-shat$mnn.caersrszamt-�Naoom�NaroKe� Imn�r aea�casrrml�l�eaneoo�ersse�r POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of November,2006. ��,,INS(j•• The Continental Insurance Company Ixs qg., nt •Z Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 22nd day of November,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. -OFFICIAL SEAL- MARIA M.MEDINA My Commi.uon Eapir••3116108 My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this list dayof fj'ovember 2008 "' '• The Continental Insurance Company q •. �. .�.. n: ^ �F. l/SCJ. • '•'�••'••� Mary A.Rikaiokis Assistant Secretary Form F6850-11/2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California . County of Los Angeles On November 21,2008 before me, Beverly A. Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pamela L. Stocks Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aM subscribed to the within instrument and acknowledged to me that Mb/she/tkWexecuted the same in fWffVher/ld W authorized capacity, and that by Wher/*x*signature(&) on the instrument the person(ts), or the entity upon behalf of which the person(&) acted, executed the instrument. e�vetla�, 1u�tt Commbftn• 1711 certify under PENALTY OF PERJURY under the laws -� Notary PW#e•Caftnoo Los urof the State of California that the foregoing paragraph is ft Canmqefu Ccntezntt true and correct. WITNESS my band and official seal. Notary Seal Signature ature of Notary Public