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HomeMy WebLinkAboutMINUTES - 04131999 - SD10 8 RESOLUTION NO.9 91171 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT THE SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT,INC. AREAS, Spectrum Center for Educational and Behavioral Development, Inc. (the "Corporation"), a nonprofit public benefit corporation, has requested that the California Statewide Communities Development Authority ("CSCDA") participate in an installment purchase financing (the "Financing7) for the purpose of financing and/or refinancing the acquisition, construction, improvement and equipping of educational facilities (the "Facilities") located within the County of Contra Costa (the bb 5r aunty ); WHEREAS, in connection with the Financing, CSCDA and the Corporation will enter into an installment purchase agreement (the "Purchase Agreement") under which the Corporation will sell the Facilities to CSCDA and CSCDA will agree to make payments (the "Installment Payments") to the Corporation for the purchase thereof, WBEREAS, certificates of participation(the"Certificates")in an aggregate principal amount not to exceed$6,000,000, each representing a proportionate undivided interest in the Installment Payments, will be executed,delivered and sold in connection with the Financing; WHEREAS, proceeds of the certificates in an amount not to exceed$6,000,000 are expected by the Corporation to be used for the acquisition,construction, improvement and equipping of the Facilities; WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Financing and the execution and delivery of the Purchase Agreement by CSCDA must be approved by the County because the Facilities are located within the territorial limits of the County; WHEREAS, the Board of Supervisors of the County(the"Board")is the elected legislative body of the County and is one of the applicable elected representatives required to approve the Financing and the execution and delivery of the Purchase Agreement under Section 147(f)of the Code; WHEREAS,CSCDA and the Corporation have requested that the Board approve the Financing and the execution and delivery of the Purchase Agreement in order to satisfy the public approval requirement of Section 1470 of the Code and the requirements of Section 9 of the Joint Exercise of Powers Agreement(the "Agreement"),dated as of June 1, 1988,among certain local agencies,including the County;and WHEREAS, pursuant to Section 147(f) of the Code, the Board has, following notice duly given, held a public hearing regarding the Financing and the execution and delivery of the Purchase Agreement,and now desires to approve the Financing and the execution and delivery of the Purchase Agreement. 15105.1\24197.0001 1 RESOLUTION NO. 99/171 NOW, TBEREFORE, BE rr RESOLVED, by the Board of Supervisors of the County of Contra Costa,as follows: 1. The Board hereby approves the Financing and the Purchase Agreement, It is the purpose and intent of the Board that this resolution constitute approval of the Financing and the execution and delivery of the Purchase Agreement (and the execution and delivery of the certificates of participation related thereto)for the purposes of(a)Section 147(f)of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Facilities are located, in accordance with said Section 147(1), and (b)Section 9 of the Agreement. 2. The officers of the County are hereby authorized and directed,jointly and severally, to do any and all things and to execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. 3. The Certificates will be paid entirely from repayments by the Borrower. Neither the full faith and credit nor the taxing power, if any, of the County, CSCOA and its members, the State of California(the "State") or any other political corporation, subdivision or agency of the State is pledged to the payment of the principal of, premium, if any, or interest with respect to the Certificates, nor shall the County, CSCDA and its members, the State, or any other political corporation, subdivision or agency of the State be liable or obligated to pay the principal of, premium, if any, or interest with respect to the Certificates. 4. This resolution shall take effect immediately upon its passage. 15105.1124197.0001 2 RESOLUTION NO. 99/171 PASSED AND ADOPTED by the Board of Supervisors of the County of Contra Cosh this 13'day of April, 1999,by the following vote: AYES, and in favor of the passage and adoption of the foregoing resolution: Members of the Board of Supervisors GIOIA, UILKEMA, GERBER, OESAULNIER and CANCIAMILLA NOES: N O N ABSENT: N 0 N E ABSTAIN: !SONE Clerk of the Board of Supervisors of the County of Contra Costa Attest: .a, l Phil Bachelor Clerk of the Board of Supervisors of the County of Contra Costa 13105.1124197.0001 3 RESOLUTION NO. 99/171 NOTICE OF PUBLIC HEARING PURSUANT TO SECTION 147(#)OF THE INTERNAL REVENUE CODE OF 1986,AS AMENDED,FOR THE FINANCING OF CERTAIN FACILITIES FROM THE SALE OF TAX-EXEMPT OBLIGATIONS. NOTICE IS HEREBY GIVEN that at 9:00 a.m. on April 13, 1999 at the Contra Costa County Beard of Supervisors,651 Pine Street, 11'Floor,Martinez,California,94553,the Board.of Supervisors of the County of Contra Costa(the `County")will conduct a public hearing(the"Public Hearing")at which.the County will hear and consider information concerning the proposed sale, execution and delivery by the California Statewide Communities Development Authority (the "Authority") of its Certificates of Participation(Spectrum Center Project), 1999 Series(the "Certificates") in an aggregate principal amount not to exceed six million dollars ($6,000,000). Proceeds of the Certificates are to be used to assist the Spectre Center for Educational and Behavioral Development, Inc., a CalLfornia corporation (or any successor thereto) (the "Borrower"), to (1) fi=nance costs incurred by the Borrower with respect to t~fe acquisition, construction, reconstruction and/or improvement of the property at 16330-16396 San Pablo Avenue, San Pablo, California 94806(also known.as"Tara Hills Shopping Center"); (2) finance costs of incurred by the Borrower with respect to the acquisition,construction,reconstruction and/or improvement of the property at 1026 Oak Grove Road,Concord,California 94518;(3)refinance costs of incurred by the Borrower with respect to the acquisition of the property at 6325 Camden Street,Oakland,California 94619; and (4) pay other related expenses (collectively, the "Project"). The facilities to be financed and/or refinanced have been and will continue to be used for exempt educational purposes of Borrower,and will be owned and operated by,and used by,the Borrower or a related subsidiary. The Certificates will be paid entirely from lease payments by the Borrower. Neither the full faith and credit nor the taxing power,if any,of the County,the Authority and its members,the State of California (the"State")or any other political corporation,subdivision or agency of the State is pledged to the payment of the principal of,premium, if any, or interest with respect to the Certificates, nor shall the County, the Authority and its members,the State, or any other political corporation, subdivision or agency of the State be liable or obligated to pay the principal of,premium,if any,or interest with respect to the Certificates. The Public Hearing is intended to comply with the public approval requirements of Section 147(f) of the Internal Revenue Code of 1986,as amended. Those wishing to comment on the sale, execution and delivery of such. Certificates or on the proposed nature and location of any of the Project and the financing of the Project with the proceeds of the Certificates may either appear in person at the time and place indicated above or submit written comments, 15076.1124197,0001 which must be received prior to the Public hearing,to the County, c/o M—. at the address indicated above. Notice is finther given that the Borrower has filed an application with the Authority in connection with the proposed issuance of the Certificates to finance the Project,and reference is hereby made to such application for further particulars. Bate: March 1999 County of Contra Costa /s/ Clerk of the Board of Supervisors €5076.1124€97.0001 Sponsored By: Caifornia Stale Association NZO of Counties League of California Cities CALIFORNIA COMMUN FS March 21, 1999 VIA FACSIMILE !924) 335-1098 AND REGULAR.MAIL Mr. Claude Van Marter County of Centra Costa 651 Pune Street, 11 th Floor Martinez, California 94553 Re: Public Hearing for the Spectrum Center for Educational and Behavioral Develonment Inc. Dear Claude: As we discussed, the Spectrum Center for Educational and Behavioral Development, inc, a non-profit public benefit organization (the "Applicant"), has submitted to the California Statewide Cornrnunities Development Authority (the "Authority") an application (the "Application") for the financing of various educational facilities (the ".Project") in an amount not to exceed $6,000,000 of tax-exempt obligations. The Project witll be located in multiple jurisdictions, .including the County of Contra Costa and the County of Alameda. The purpose of this letter is to request the assistance of t'_ne County of Contra Costa in conducting on Tuesday, April 13-1999 a public hearing with respect to the proposed financing. As you are aware, the Authority is a joint exercise of powers authority consisting of numerous California cities, counties and special districts, including the County of Contra Costa. The Authority pursuant to its Amended and Restated joint Exercise of Powers Agreement is authorized to assist in the financing of facilities for non-profit public benefit organizations, including the Applicant. It, order to initiate such a financing, the member participant of the Authority in which the proposed facilities will be located must (i) conduct a public hearing and (ii) approve the Authority's issuance of indebtedness. Therefore, although the Authority will be the issuer of the tax-exempt obligations for the Applicant, the financing cannot proceed without the approval of the County of Contra Costa. 1 have attached for your review the Application filed by the Applicant with- the Authority. You will be receiving shortly a letter from Russell Miller, Esq. of Str-adting, Yocca, Carlson & Rauth, bond counsel to the Authority, describing the public hearing process and the requirements under state and federal laws, including the Tax and Equity Fiscal Responsibility Act (TEFRA). This letter will also include for your review the form of Notice of Public Hearing and the form of Board of Supervisor Resolution evidencing the County's approval of the financing. Bond Counsel, at your option, can coordinate for you the publication of the Notice and the adoption of the Resolution. California Statewide Communities 1470 Maria Lane, Suite 400 Development Authority Walnut Creek, California 94590-5339 Email: califcomm@aol.com 800.635.3993 925.933.9229 Fax 924.933.8-45- Internet: wwvw.calkfcolTllYi.org -2— March 21, 1999 Thank you for your assistance in this matter. Please let me know if you require any additional information concerning the scheduling of such public hearing or if i can be of any other assistance. Very truly yours, Jawr!en:c�ejN. Tonomura Program Manager Enclosures cc. Craig Stanley (CDA) 408-323-1484 Jamie $adgley (California Capital Finance) 925-939-0834 Jenna Magan, Esq. (Orrick, Herrington& Sutcliffe ILP) 916-329-4900 Russell Miller, Esq. (Stradling,Yocca, Carlson&Rauth) 415-283--2255 SPECTRUM CENTER FoR ED AICA 7'IONAL AND B E'.�'A f l V L DE .L.r i p Yl E l� INc. CALIFORNIA STATFwioDE C01vLMtT:vITrES DEVELOPNL mNT AuTHoRrry APPLICATION FOR FINANCING TYPE OF FINANCING: NONPROFIT BORROWER NAME: NIR. RANDY KEYWORTH NIR. ,TACK STATES SPECTRUM CENTER CO-DIRECTORS 2855 TELEGRAPH AVENUE, SUITE 312 BERKELEY, CA 94705 (510) 845-1321 FAX: (510) 845-7841 LEGAL STRUCTURE: NONPROFI T 501(0)(3) CORPORATION PROJECT INFORMATION: EDUCATION -NONPUBLIC SCHOOL FOR CHILDREN WITH SEVERE LEARNING DISABILITIES FINANCING STRUCTURE: TYPE OF OFFERING: PRIVATE PLACEMENT MATURITY: 20 YEARS WITH 10-YEAR CALL INTEREST RATE MODE: FIXED SOURCE OF CREDIT ENHANCEMENT: N/A-PRIVATE PLACEMENT EXPECTED DATING N/A-- PRIVATE PLACEMENT SPECIAL CALL OR PUT FEATURES I O-YEAR CALL FINANCE TEAM: PLACEMENT AGENT CALIFORNIA CAPITAL FINANCE 2950 BUSKIRK AVENUE, SUITE 165 WALNUT CREEK, CA 94596 JAMIE N. BADGLEY, PRINCIPAL......................................................(925)939-0833 FAX................................................................................................(925)939-0834 E-MAIL..............................................................................JBADGLEY£@i1 VERIO.C7M ;Spectrum Venter CSCDA Application Page 1 of 34 PROJECT MANAGER CDA NONPROFIT FINANCE 6027 EVANSTONE PLACE SAN JOSE, CA 95123 CRAIG W. STANLEY .................................................................. .....(408) 230-4108 FAX................................................................................................408) 323-1485 E-MAIL.....................................................................�-STANLEY@CAMPUSDEV.COM LENDER'S COUNSEL—REAL ESTATE SHEPPARD, MULLIN, RICHTER & HAMPTON 4 EMBARCADERO CENTER, 17T"FLOOR SAN FRANCISCO, CA 94111 WTLLIAM WYATT, EsQ. ............................................................. ......(415)774-3286 FAX................................................................................................(415)434-3947 BORROWER'S COUNSEL SHARTSis, FiEsE& GINSBURG EIGHTEENTH FLOOR ONE MARITIME PLAZA SAN FRANCISCO, CA 94111 JEFF O'CONNEL......................................................................... .....(415)421-6-500 FAX............... .............................................................. .................(415)42'1-2922 LENDER AsSOCIATES COMMERCIAL CORPORATION 300 E. CARPENTER FREEWAY, 16T"FLOOR IRVING, TX 75082 DEBORAH DENNINGTON, VP & ASSOCIATE GENERAL COUNSEL....(972)652-3261 FAX............................................................................ ............ ......"972)652-2750 BRYAN EELT S, VICE PRESIDENT, OPERATIONS................................072)652-8598 FAX................................................................................................(972)652-3491 BOND COUNSEL ST RADLING YOCCA CARLSON& RAUTH 44 MONTGOMERY STREET, SUITE 2950 SAN FRANCISCO, CA 94104 ,Spectrum Center CSCDA Application Page 2 of34 DAviD G. CASNOCHA, Esc .............................................................(415) 283-2241 FAX................................................................................... ...........(415)283-2255 E-mail............................................... ..................................dcasnocha0asyer.com TRUSTEE US TRUST COMPANY, N.A. ONE EMBARCADERO CENTER, SUITE 2050 SAN FRANcisco, CA 94111, 3709 MS. JOSIE LIBUNAO........................................................................(415) 743-9033 FAX............................................................ ..................................(415) 956-2545 E-MAIL............................................................................JL1BU­NAOaUSTRUST.COM TRUSTEE'S COUNSEL LILLICK & CHARLES Two EMBARCADERO CENTER SAN FRANCISCO, CA 94111-3996 Ms. KIMBERLY CLARK, ESQ...........................................................(415) 984-8335 E-MAIL,...................... ......................................... .....................kelark@lillick.com Spectrum Center CSCDA Application Page 3 of 34 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................5 APPENDIXA..................................................................................................7 Company History.............................................................................. ..........7 .................................. APPENDIXB................................................................................................ 10 PublicBenefit............................................................................................................................. 10 APPENDIXC................................................................................................ 12 List of Existing,''acilities/Address of Each Facility to be Financed....................................................... 12 APPENDIXD................................................................................................ 13 The Associates Commitment Letter................................................................................................ 13 APPENDIXE................................................................................................ 19 Listof Outstanding Debt.............................................................................................................. 19 APPENDIXF................................................................................................ 20 FeasibilityStudy......................................................................................................................... 20 APPENDIX +G................................................................................................ 21 Financials for Last, Complete Fiscal Year........................................................................................ 21 APPENDIXH................................................................................................ 32 Financial Proformas(HousingOnly)............................................................................................... 32 APPENDIXI................................................................................................. 33 Project Costs!Sources= Uses ......................................... 33 Spectrum Center CSCDA application Wage 4 of 34 f xEcu L vii AR Y Spectrum Center for Educational and Behavioral Development, Inc. ("Spectrum Center"), a not- for-profit public benefit corporation, provides specialized educational programs for children with severe learning disabilities. The organization operates schools in Concord,Rodeo and Oakland, California, with funding provided through contracts with local school districts. The organization also provides services to public schools to Help their: maintain"at risk." students. Established in 1975, Spectrum Center is dedicated to improving the educational and behavioral performance of students and schools through effective classrooms management, innovative teaching environments, outcome based learning technology, data-guided instructional design.,team building, and organizational performance management. It has over 20 years of experience in the research, design and successful application of innovative educationa and behavioral ifnprovement strategies across a wide range of students, programs, and.issues. In addition to its student-oriented. programs, Spectrum. Center's In Class Support Services (ICSS)provides staff training and program consultation to public schools to assist them in maintaining at risk students (regular and special education) in their classrooms. The Applied Behavior Training Center(ABTC) is the organization's staff development division, developing and providing workshops and training materials in curriculum, teaching technologies,program. management, and other skills necessary for effective education. Spectrum Center's services and products have been used in thousands of classrooms, schools, and training, organizations across the ration. Its expertise is in helping schools succeed with students who are at risk due to their challenging behavioral and educational needs. In today's society, such students can be found in virtually every part of the education continuum (from gifted programs, to K-12,to special education). Spectrum. Center has worked successfully with hundreds of public and private organizations including public schools, state agencies, special education departments, private schools, residential progranris, adult services, and vocational training programs, as well as countless education professionals and parents. The mission of Spectrum Center's student-oriented services is to provide effective, quality programs to individuals with special heeds for whom public schools have no appropriate placement options. The emphasis is on successfully integrating students back into public education}programs. Spectrum Center identifies changing needs in education,develops services and products to meet those needs, and effectively disseminates the technology to other organizations and professionals. Its products and services have demonstrated over and over again that all students can succeed in school. Spectrum Center CSCDA Application Page 5 of 34 Spectrum Center plans to issue tax-exempt bonds in the amount of up to $6,875,000 to fund relocation of its Rodeo campus to a permanent site, refinance an existing conventional real estate loan, and to purchase a currently leased campus. Spectrum Center CSCDA Application Page 6 o,f 34 APP Di A COMPANY HISTORY Since 1975, Spectrum Center has developed and operated a wide range of services and products, gaining critical experience in virtually every aspect of providing quality education services at an individual, classroom=, and program level. Unlike organizationsthat base their modeis on theory, Spectrum Center's expertise is the result of its direct, "hands-on" experience in developing and operating a wide range of educational and human service programs. These programs have succeeded with both everyday behavioral and learning problems, and some of the most challenging behaviors (in both students and adults) in the community. Spectrum Center's approach has been researched and refined in its past programs, is being used in its present programs, and is the foundation for the development of its future programs. Spectrum Center has demonstrated remarkable success in teaching individuals previously thought to be "untrainab:e" or "too difficult to reach" by existing public education systems. Spectrum Center's programs are based on the belief that a.11 individuals can learn and lead productive lives in the community when provided the proper learning environment. The main responsibility for learning,therefore, rests with those teaching and not those learning. Spectrum Center's educational and behavioral improvement model has been tested and succeeded in the following areas: • Educational Services: special education schools, staff development and consultation, adult skills centers, a pre-school program., and after school care • Staff Development. staff training with thousands of individuals, groups, schools, an organizations in clinical,educational,behavior management, and performance improvement content areas • Public School Support. in-class support services and consultation to public school classrooms, a general education early intervention and prevention project, a student mainstrearning project, and multiple full inclusion projects • Parent Training: parent consultation and training on both an individual case and group basis for parents of general and special education students • Policy Development, active involvement in public policy issues such as school discipline, student suspension/expulsion, non-aversive strategies, right to education, right to treatment, residential program zoning restrictions Spectrum Center CSCDA Application Page 7 of 34 • Vocational Services: a job readiness and placement program, a workability project, and a supported work program. • Residential Services: residential training programs, staff development and consultation in group home development and management, and a diversion project for emergency intervention to maintain community placements Program Gals Spectrum Center School Programs provide an effective learning environment emphasizing: student accomplishments and progress v' training for maximum independence • highly structured, supportive learning environments ✓ community based instruction ,' prevention strategies for working with challenging behaviors • positive reinforcement • individualized student programs ✓' critical skills instruction in functional contexts V integration opportunities with non-disabled peers Spectrum Center School Programs provide extensive educational assessments in the following domains: ✓ communication community ✓ social vocational V academic ,' leisure ✓ domestic Spectrum Venter School Programs provide an individualized functional curriculum based on goals developedfrom the following areas: ✓ social problem solving self-control management strategies V language infusion model ✓ life skills training V travel training Spectrum Center CSCDA Application Page 8 of 34 ✓ skills for independent living ✓ augmentative communication ✓ leisure skill's ✓ lob training ✓ functional academics Spectrum Center School Programs provide Related Services (Designated and Instruction Services-DIS) by. ✓ Behavior Analysts ✓ Occupational Therapists ✓ Parent Trainers ✓ Clinical Psychologists ✓ Speech and Language Specialists ✓ Education Specialists ✓ Job Coaches ✓ Transition Specialists Spectrum Center CSCDA Application Page 9 of 34 APPE1vDix B PUBL1c BENEFiT Spectrum Center serves children with emotional and behavioral difficulties that preclude their participation in mainstream public schools. Spectrum is known as a special education non-public school. A variety of funding sources are available for special education programs. The Department of Education must certify nonpublic schools, certification that has been held for many years by Spectrum Center. The application process requires submission of the instruction and services the school will provide, along with staff qualifications and the maximum number of students the program will be certified to serve at one time. "Special education"means specially designed instruction, at no cost to the parent, for individuals with exceptional needs that cannot be met with modification of the regular instruction program. Special education is an integral part of the total public education system and provides a full continuum of program options to educate individuals with exceptional needs. Nonpublic school legislation was established with the intent that the role of nonpublic schools will be to provide alternative special education services to school districts and other social service agencies when an appropriate public school program is not available, A "nonpublic" school tarian school that enrolls individuals with exceptional needs pursuant to means a private, nonsec an individualized education program, that employs at least one full-time teacher who holds an appropriate credential authorizing special education services, and is certified by the Department of Education.. A certified nonpublic school must meet standards as prescribed in federal and state statutes and regulations pertaining to special education. Students who enroll at Spectrum Center are supported by federal and state education funds, and have been previously identified as eligible to receive specially designed services by the local Public schools. Prior to enrolling, an individualized education.program (IEP)mast be in place, which is developed between the local public school district, the parents, and the nonpublic school to decide the kinds of services the student needs. The 1990 Individuals With Disabilities Education Act (IDEA, for=merly the Education of the Handicapped Act, or E HA) guarantees "that all children with disabilities have available to them...a free appropriate public education which emphasizes special education and related services designed to meet their needs..." Eligibility is based on the fact of a child's condition ,°adversely affecting the child's educational performance." Eligibility under IDEA establishes a two-pronged criterion. First, does the child actually have one or more disabilities? Secondly, does the child require special education and/or related services?Not all children who have a disability require special education; many are able, and should, attend school without any program Spectrum Center CSC'DA Application Page 10 of 34 modification. According to the Thirteenth Annual Report To Congress On The Implementation Of Education Of The Handicapped Act(1990), 4,687,620 children with disabilities were served during the 1988-1989 school year. This was an increase of 2.2% over the 1987-1988 data and is the greatest increase since 1980-81. The overall picture is that the population of students served with learning disabilities has grown, while the number of students served with speech or language impairments and mental retardation have declined. During the 1988-1989 school year, the majority of children and youth with handicaps received special education and related services in settings with non- handicapped students. Over 31% received special education primarily in regular classes. More than 37%received special education and related services primarily in resource rooms, while 24% received special education and related services in separate classes within a regular education building. These three settings accounted for over 93% of the placements; thus, most students with handicaps were 'being educated in buildings with their non-handicapped peers. The remaining children and youth were educated in public/private separate day school facilities (5.2%)public/private residential facilities (0.8%), and 'homebound or hospital environments (0.9%). During 1988-1989, 286,546 special education teachers reportedly served children with handicaps. This was an increase of about A% over the 1987-1988 school year. Furthermore, an additional 27,977 teachers were needed to fill vacancies, especially in the areas of learning disabilities, mental retardation, emotional disturbance, and speech or language disabilities. These four categories, together with cross-categorical teachers account for 97%of all teachers needed. Approximately 9% of the teachers were needed for the categories of other health impaired, hard of hearing and deaf, multi-handicapped, orthopedically impaired, visually handicapped, and dea'` .lend. :Many factors could increase the Number of children served. There is emerging evidence that substantial numbers of pregnant women are using alcohol and/or other drugs. Many specialists believe that these children are likely to have significant learning and behavioral. disabilities that may require specialized school services. However, even without these mandates, these young children would very likely have been identified at a later age. Increased poverty and the children affected by it will also increase the number of children served. :spectrum Center CSCDA Application Page I I of 34 LIST OF FXISTr4G FACILITIES/ADDRESS OF EACH FACILITY TO BE FINANCED Tara Hills Shopping Center: acquisition and renovation to move existing leased campus 16330-16396 San Pablo Avenue San Pablo, CA Camden Campus: refinance of existing campus 6325 Camden Street Oakland, CA Concord Campus: acquisiton of existing leased campus 1026 Oak Grove Road Concord, CA Each of these facilities provides the fallowing services: • School based services Vocational services • Staff development Related Services (Speech Therapy, • School to work transition services • Occupational Therapy, etc.) Spectrum Center CSCDA Application Page 12 of 34 APPENDixD TBm Assocans Co-Lm. rr.mE.NT LFT TFR Spectrum Center CSCDA Application Page 13 of°34 s + ED:�2;G�:Gd Jb.�a rr•v+� �• CZ8_17--SS 14 :; IS FROM:AS SOC S APES Ta ASSOCIATES uLojetpa!gm-ce E7fYWM February 17, 1999 Mr. Randy`fieyworth, Ececutive Director Sperm Center for Educa.tior al and Behavioral Development, inc, 2555 Telegraph Avenue, Suite 312 Berms, CA 94705 Dear Randy: It is a pleasure to ctir&=to you that the Associates Com=ercial Cox—poration V-.ACC"-, Credit Committer has approved the credit of Spectrum Center, subject to final docu=entation -review and approval by ACG legal department, in conjunction with the contemplated financing for t1liree facilities in Californrn a; lj acquisitiozi and renovation of a facility located at 16330—15395 San Pablo Avenue in San Pablo; 2) acquisition of a faciEty it currently leases located at 1026 Oak Grove Road in Concord; and. 3) refln=cing of its facility located at 5325 Ca Iden Street in. Ca nal.- This letter is subject to the terms and conditions set forth Ln this letter and the attached Su=maxy o:rir arcing Tearms. If this is acceptable, please sign below and return. tr-s letter to me by February 26, 1.999. Otherwise this letter will expire and shall be de=ed withdrawn as of such date. If you have any questions concerning this letter, please do not hesitate to contact mc. Very truly yours, Diane L. Faauwe Bus�css Development Manager AORSED Td AND ACCEP'1ED BY: Spw�M CENTER FOP.=lUCATIONAL AND BERAVIORAL DZVEIOpMPM, INC. Name, Title: Late: 2925 oese'T#�as4evJay $`:2 925.7624 S09 300 61,2-92L-7631 (tat) Mfinnelpoiis.MN 55416 WWW'Meass0cl2=.a0M(irnamet) 90/Ee"d t7280 6Z6 01ST ADD S2:9T 666T—LZ-93 FEE—1 7—eS 14 s 16 FRCtM:ASSOC i ATEn :L: e 1 2w zwyez:J s SUMMARY OF FINANCING'TERMS Financing Type: Tax-ex=pt, Qualified 50 1(c)(3) Bond Ij inanc iug Borrower Spur z Center for Educati=al and Behavioral Development, Inc. Leander. Associates Cca=e:tial Corporation, or its Assigns or Nozninees Project: Acquisition and renovation of a f, ty located at 16330 -- 16396 San Pablo Avenue, San Pablo, CA, acquisition of a facility located at 10126 Oak Grove, Concord, CA, and refinancing of a facility located at 6325 Ca=dan Street, Card, CA. Band A= unt: $5,346,500 (raaximu=bond amount based on 85% .cyan-to- value) Closing mate: On or before April :5, 1999, subject x conditions precedent To= and Payments. !0 years, witlh equal.=an.thly payments in: arrears, based on a,20-year amortization schedule, beginning 50 days from. closing date Fixed Interest Rate: The interest rate for an escrow closing that occurs or o.: before April 1.5, 1999, wfa be axed at 6.00% (30/360). If the tnmsaction doses not close by April 15, the interest rate will he set using the indeed,^..g formula des `bed bt--1ow. Inde�dn.g For=ula: The quested tax-=a=pt interest rate will index to a change in the weekly average of the Merr�:l.l Lynch Bond Index, Corporate-High Quality, as published in The Wall Street Journsl, according to the forznula below: New Rate = [(New Corporate Bond index Rate .. 'base Corporate Bond Index Rate) x .S5] + 'ase Rate Base Base Fiwzzlng Base Corpomte Bond Corporate Bond Ter=: Rate: Index: Index Rate: 10 Years 6.000/0 10# Years 6.28% Base Corporate Bond Index: Corresponds to the appr to life of the fi .=r4ng ten=. FEB-1 7-as 14 z Is FROM I Assoc I ATZS Z E3=�2 2�Zt37t�: S rr+err. 811=mary of Financing Terms Page:2 of 4 Base Corporate Bond Indrx: Cort ponds to the aPPr XXL*=te life of the financing tesz.. CUrrent Corparate Baird ULdex Rate: Cur-,ent weeekly average of the corporate bond index rate for the week preceding the cosi:g dato. Sample calculation: If Current Corporate Bond Index Rate : 6.55% ({6,35% - 6.2S%) x .551 + 5.000/6 = 6.04% IN'ew Pate Secarity for Financing, The Bond Financing will be se=ed by a Erst deed of trust Or first mortgage-on the Borrower's feesimple interest in the real proper:y and improvements described below. 163303- 16396 Sala. Pablo Avenue, San Pablo, CA 10326 Oak Grove Road, Concord, CA 61325 Camden Street, Oakland, CA The Band Financing will be fuether secured by an assignment of leases for all cu--rent and future tenants in the San Pablio and Concord facilities, rLan iat Covenants: Borrower will comply with the fb11owing:1-=cia1 conven,ants: Amnu,ally submit to Lander audited F"`YYE financial statements within 220 days of year end . Annually (based on Fv.E audit) =ai.�ntain a debt to worth of no greater than 3,00 to 1.00 Annually (based on nB audit) maintain a debt ser-vice .coverer ratio of at 41tast 1.20 tizncz Prepayment: Borrower will have the option to prepay its obligation in whole but not in pant, on any payment date after sixty (60) months from the data of the closing. In the event the Borrower elects this option, in add:tan to the principal amount, a preruiu= on the outstanding px ncipal ba`ance will be due as follows; Month 61 through. Month 72 3% Month 73 through Month 84 2% Month 85 through Month 119 1% Month 220 00/0 FM:H-17—SS 14 : 26 FROM rASSOC 1ATES iD:Bi2W:etlfta.1. s •�.... Su ary of F inain lg Term Page 3 of 4 Net pinancing. Borrower will be responsible for all expenses, maintenance, insurance and taxes (other than taxes baud solely on the net income of Lader) re .'.ang to the purchase, possession and use of the P--Cject. Insurance: Borrower vdill,bear all risk of loss or damage to the Project. Borrower will be responsible to beep the Project insured with companies acceptable to and for such a=ounts required by Lender, inc udrrg;but not limited to, insurance for damage to or lass of the Project and liability coverage. Earthquake insurance will be required only if the raum probable loss from, seismic hazards excceds twenty percent (20%) of the replacement cost. A31 such insurance poiicics must be satisfactory to 1&n,der and name Lend=as loss payee =d additional insured. Construction Risk; Lender will refire that the construction-related,risk associated with the renovation of the San Pablo qty be adequately covered by proper =struction contracts and pay==t and perfon-nance bonds, At Borrower's expense, Lender will retain a.representative to review the plans and specifications, as well as the constructi= work in progress. All construction draw requests will' be approved by L=der's representative prior to any disburse:nent. Bond Do u.=entat%onc The Band Financing wi-" be evidenced and governed by the provisions of a hate and Loan A&-°een .t and supporting documentation.('Tlocuments") it form, and c=tent sati&actory to Leader, The Dom,.rents will' include various conditions precedent, repord g req,u re=ents, oov znts, events of default, representations and warranties and other rerraiYe=enw which are rot specincally outlined. Other.Dccu=entati m: As to the real estatc aspects o ibis Anancing, leder will require that Borrower provide certain infbrmation and documentation for each facility in farm and content satisfactory to Under, including but not limited to, ALTA. title insurance policy, ,.z...voy, envirormzental.report and appraisal. go/Go`d V£90 6Z9 OTST -J9D 92:9T 6GGT-LT—aEj s� um=ary of Financing Tcr= Pie 4 of 4 Expenses: Borrower will be responsible for the legal Wises i s connection with document g the Bond Tqxs sci=g. This includes the legal expenses of the Leader up to $15,000; legal expenses of the Lender in excess of$15,000 but less than $30,000 will be split between Borrower and Lender; and lege expenses in excess of$30,000 wM be paid by Borrower. Borrower will also be respct si"ble for all o&.er costs inmu=d=d with respect to this transact on. PPE Dix LIST OF OUTSTANDING DEBT As of fiscal year end Jane 30, 1998, Spectrum had the following debt: Note payable, $615,525 secured by Camden Campus at 6325 Camden Street Oakland, CA Spectrum Center CS'CDA Application Page 19 of 34 APP 1vDi FEASIBILITY STUDY An independent feasibility has not been prepared, however exhaustive information has been provided to The Associates during the course of obtaining their commitment to buy the bonds. The Associates' commitment is evidence of the viability of this financing. Spectrum Center CSCDA Application Page 20 cif 34 APPEND FINANCIALS FOR LAST, COMPLETE FISCAL YEAR Following is the audit for the fiscal year end dated 6/30/98: Spectrum Center CSCDA Application Page 21 oyf`34 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Financial Statements June 30, 1 998 Antoinette G. Nes °tYz2 Certifierl.Public Accountant Antoinette G. Nies Ccrtified Public Accountant 61 Prince Royal Drive Corte Madera, CA 94425 agn.cpaew >rldnct.att.net 415-927-4475 ,voice 415-924-6960 fax Independent Auditor's Report BOARD OF DIRECTORS SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. I have audited the accompanying Statement of Financial Position of Spectrum Center for Educational and Behavioral Development, Inc. as of June 30, 1998, and the related Statements of Activities and Cash Flows for the year then ended. These financial statements are the responsibility of the Center's management. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with generally accepted auditing standards. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. i believe that my audit provides a reasonable basis for my opinion. In my opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Spectrum Center for Educational and Behavioral Development, Inc. as of June 30, 1998,-and the changes in its net assets and its cash flaws for the year then ended in conformity with generally accepted accounting principles. Antoinette G. Nies Certified Public Accountant September 25, 1998 Page 1 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Statement of Financial Position June 30, 1998 (With Comparative Totals at June 30, 1997) 1998 1997 ASSETS Current Assets Cash and Equivalents $ 2,888,697 $ 1,311,952 Investments - 679,070 Receivables 1,746,365 1,738,287 Prepaid Expenses 32,597 83,664 Inventory - 29,524 Total Current Assets 4,667,653 3,842,497 Deposits 54,931 31,172 Property and Equipment-Net(Vote 3) 1,288,415 255,960 TOTAL ASSETS $ 6,011,005 $ 4,129,629 LIABILITIES AND NET ASSETS LIABILITIES Current Liabilities Accounts Payable $ 336,910 $ 213,332 Accrued Expenses 363,459 419,588 !Vote Payable-Current Portion (Note 4) 23,464 - Current Portion of Capital Lease Obligations (Note 5) 9,294 9,037 Total Current Liabilities 733,127 641,957 Long-Term Liabilities Note Payable- Noncurrent(Mote 4) 615,525 - Capital Lease Obligations(Dote 5) 22,825 12,268 Total Long-Terra Liabilities 638,350 12,268 TOTAL LIABILITIES 1,371,477 654,225 NET ASSETS Unrestricted 4,619,526 3,475,4434 Temporarily Restricted 20,000 _ TOTAL NET ASSETS 4,639,528 3,475,404 Total Liabilities and Net Assets $ 6,011,005 $ 4,129,629 See Notes to Financial Statements Page 2 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Statement of Activities For the Year Ended June 30, 1998 (With Comparative Totals at June 30, 1997) Temporarily Total Unrestricted Restricted 1998 1997 REVENUE,GAINS,AND OTHER SUPPORT Program Services $ 11,590,210 $ 11,590,216 $ 11,673,905 Grant Revenue 35,400 45,000 80,400 27,251 Interest and Dividends 80,479 80,479 56,405 Unrealized Gains on investments 74,027 74,027 60,951 Donations 36,150 36,150 39,469 Other 12,166 12,166 22,202 Net Assets Released from Restrictions 25,000 (25,000) Total Revenue, Gains and Other Support 11,853,432 20,000 11,873,432 11,296,183 EXPENSES AND LOSSES Program 9,662,195 9,662,195 9,714,703 General and Administrative 1,047,113 1,047,113 983,674 Total Expenses 10,709,308 - 10,799,308 10,698,377 CHANGE IN NET ASSETS 1,144,124 20,000 1,164,124 591,806 NET ASSETS,Beginning of Year 3,475,404 - 3,475,404 2,883,598 NET ASSETS,End of Year $ 4,619,528 $ 26,000 S 4,639,528 $ 3,475,404 See Notes to Financial Statements Page 3 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Statement of Activities For the Year Ended June 30, 1998 (With' Comparative Totals at June 30, 1997; 1998 1997 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Assets $ 1,164,124 $ 591,906 Adjustments to Reconcile Chance in Net Assets to Cash Provided by Operating Activities Depreciation 123,599 99,995 Loss on Sale of Property and Equipment 9,830 39 Reinvested Interest and Dividends (28,386) (31,246) Unrealized Gain on Investments (74,027) Chances in Operating Assets Decrease in Receivables (8,078) (496,665) (increase) Decrease in Prepaid Expenses 51,067 (9,001) Decrease in inventory 29,52.4 2,870 (increase) Decrease in Deposits (23,759) 2,665 increase in Accounts Payable 123,578 65,969 Increase(Decrease) in Accrued Expenses (56,129) 115,835 Net Cash Provided by Operations 1,311,343 281,315 CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from Sale of Investments 781,483 Proceeds from Sale of Property and Equipment 6,829 140 Purchase of Property and Equipment (500,777)- (64,499)- Net Cash(Used)by Investing Activities 287,535 (64,359) CASH FLOWS FROM FINANCING ACT€VITIES Repayment of Long-Term Obligations (22,133) (10,542) Borrowings on Line of Credit 350,000 550,000 Repayments on Line of Credit (350,000) (550,000) Net Casty (Used) by Financing Activities (22,133) (10,542) NET. INCREASE(DECREASE) IN CASH 1,576,745 206,414 CASH, Beginning of Year 1,311,952 1,105,538 CASH, End of Year $ 2,888,697 $ 1.311,952 SUPPLEMENTAL DISCLOSURES: interest Paid $ 26,633 $ 20,347 Acquisition;of Equipment with Capital Lease $ 21,936 $ 14,462 Acquisition of Real Property with Debt $ 69-0,000 $ See Notes to Financial Statements Page 4 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Nous to Financial Statements June 30, 1998 1. Organization — Spectrum Center for Educational and Behavioral Development, Inc. ("the Center") is a not-for-profit public benefit corporation. The Center operates schools in Concord, Rodeo and San Lorenzo, California, providing specialized educational programs for children with severe learning handicaps. Tuition funding is provided through contracts with local school districts. The Center's In-Class Support Services provides staff training and program consultation to public schools to assist them in maintaining "at risk" students (regular and special education) in their classroom. Funding is provided through contracts with local school districts. The Applied Behavior Training Center ("ABTC") is the staff development division of the Center, developing and providing workshops and training materials in curriculum, teaching technologies, program management, and ether skills necessary for effective education. 2. Summary of Significant Accounting Policies - a. Basis of Presentation - Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards (SFAS) No. 117, Financial Statements of Not- for Proft Organizations. Under SFAS No. 117, the Center is required to report information regarding its financial position and activities according to three classes of net assets: =unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. b. Cash and Cash Equivalents — For purposes of the Statement of Cash Flows, the Center considers all unrestricted highly liquid investments with an initial maturity of three months or less to be cash equivalents. c, Investments— Investments held by the Center are stated at fair market value. d. Inventory— Inventory is stated at cost on a first-in first-out basis.. e. Property and Equipment and Depreciation - Property and equipment are stated at cost and are depreciated over estimated useful lives using the straight- line method. Expenditures for maintenance and repairs are charged to expense as incurred. Wage 5 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Notes to Financial Statements ,June 30, 1998 (Continued) 2. Summary of Significant Accounting Policies - continued f. Donated Assets - Donated marketable securities and other noncash donations are recorded as contributions at their estimated fair values at the date of donation. g. Donated Property and Equipment - Donations of property and equipment are recorded as support at their estimated fair value at the date of donation. Such donations are reported as unrestricted support unless the donor has restricted the donated asset to a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire property and equipment are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Center reports expirations of donor restrictions when the donated or acquired assets are placed in service as instructed by the donor. The Center reclassifies temporarily restricted net assets to unrestricted net assets at that time. h. Donated Services m No amounts have been reflected in the financial statements for donated services. The Center pays for most services requiring specific expertise. 1. Use of Estimates -The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. J• Income Taxes - The Center is exempt from income taxes under Internal Revenue Section 501(c)(3) and California-Revenue and Taxation Code Section 23701 d. The Center qualifies for the charitable contribution deduction under Section 170(b)(1)(A) and has been classified as an organization that is not a private foundation under Section 509(x)(2)• k. Comparative Totals -The financial statements include certain prior-year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Center's financial statements for the year ended June 30, 1997, from which the summarized information was derived. Page 6 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Notes to Financial Statements .lune 30, 1998 (Continued) 3, Property and Equipment- Property and Equipment consist of the following: Land $ 508,286 Building and Improvements 558,382 Furniture and Equipment 634,973 Vehicles 23,422 Leasehold Improvements X49.892 1,874,955 Less: Accumulated Depreciation 58 .540 g 1 8.415 4. Note Payable— Due to a bank, principal and interest at 2,65% over the bank's index (currently 8.46%) payable in monthly installments of$6,386, secured by real property, matures in December, 2012. Maturities are as follows: Years ending June 30, 1999 $ 23,464 2000 25,528 2001 27,774 2003 22,875+3�r0y,2@�1 77^ 2003 22,81 5 Thereafter 492:131 638,989 Less Current Portion (23,464) Long-Term Liability I311= Page 7 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL DEVELOPMENT, INC. Notes to Financial Statements June 30, 1998 (Continued) 5. Obligation Under Capital Leases - The Center leases equipment under capital leases, the economic substance of the leases is that the Center is financing the acquisition of the assets through the leases. Accordingly, they are recorded in the Center's assets and liabilities. Minimum lease commitments as of June 30, 1998 are as follows: 1999 12,148 2000 10,982 29031 9,772 203032 4,625 Total Minimum Lease Payments 37,527 Less Amount Representing Interest r.; 4081 Present Value of Net Minimum Lease Payments 32,119 Less Current Portion 941 Long-Term Portion of Capital Lease Obligation 2.82 Equipment and accumulated amortization under capital leases are as follows: Equipment $ 47,418 Less: Accumulated Amortization -___27.482 Net 3 1 g36 6. Concentrations of Credit Risk Arising from Cash Deposits in Excess of Insured Limits—The Center maintains its cash balances in one financial institution located in California. The balances are insured by the Federal Deposit Insurance Corporation up to $100,900. At June 30, 1998•, the Center's uninsured cash balances total $1,223,388. 7. Line of Credit—The Center has a $850,000 bank line of credit that expires November 15, 1958. The interest rate is 03.5 percent over the bank's determined index rate. Borrowings are secured by all assets of the Center other than equipment. At June 30, 1998, there were no borrowings outstanding. The Center also has a $250,000 bank line of credit that expires November 15, 1998. Each advance under this line is due 120 days after the disbursement date. The interest rate is 0.75 percent over the bank's determined index rate. Borrowings are secured by all assets of the Center ether than equipment. At June 30, 1998, there were no borrowings outstanding. Page 8 of 9 SPECTRUM CENTER FOR EDUCATIONAL AND BEHAVIORAL 0tEVELOPMENT, INC. Notes to Financial Statements June 30, 1998 (Continued) 8. Operating Leases m The Center leases facilities under operating leases expiring in various years through 2401. Minimum future rental payments under noncancelable leases are as follows: Fiscal Yea 1999 $ 292,145 2000 185,842 2001 1111.333 $ 588,32[1 Fent expense for operating leases for the year ended June 30, 1998 was $559,539. 9. Pension Plan -•On July 1, 1989, the Center established a defined contribution pension plan for all employees 21 years of age or older who have worked more than one year for the Center. Contributions to the Plan are made at the discretion of the Center based on its fiscal performance and vest over five years. Contributions to the Plan during the year ended June 30, 1998 were $45,902. Page 9 of 9 APPENDixH FINANCIAL PROFOR'bIAS (HOUSING ONLY) Not applicable. Spectrum Center CSCDA Application CSCDA SPECTRUM CENTER SERIES 1999 CERTIFICATES OF PARTICIPATION SOURCES AND USES OF FUNDS SOURCES OF FUNDS Total Scads issued $5,219,000 Equity Contribution 1,95 (Includes some funds already spent) TOTAL SOURCES $6,875,000 USES OF FUNIS Project Costs $6,530,000 (see below) Placement Agent 92,500 Project manager 92,500 Bond Counsel 40,000 Appraisals, Environmental, etc. 30,000 (for re:mbursement to Spectrum) Issuer(1) 32,500 Le^der (1) 15,030 Title Reports and Surveys 33;000 Trustee 4,750 Wsceilaneous/Rounding (2) 4,750 TOTAL USES $6,875,000 (1) includes legal tees. (2) To be deposited in Costs of Issuance Fund. PROJECT COSTS Tara Hills Purchase $2,275,000 (40,000 sf total; 10;000 sf private ase) Para Hili Rencvatlon 1,200,000 (estimate) Refinance Camden Property 1,}05,000 (at 85% of $1.3mrn appraisal) Purchase of Concord Property 1,950, (based on curre^t price) TOTAL PROJECT COSTS $6,530,000 APPRAISED VALUES Yarn "lis $3,040,000 (actual) ) Camden 1,300,000 (actual) Concord 1.8 0 D 0 (pending) TOTAL APPRAISED VALUES $6,140,000 MAXIMUM VALUE TO LIEN 85°I MAX.BOND AMOUNT $5,219,000 Note: depending on appraisal results for the Concord campus, its acquisition'may be delayed and therefore deleted fico this financing. :Spectrum Center CSCDA Application Page 34 of 34 APR-06-09 08:54 From:S'RADL NG YOCCA CARLSON & RA TH T-776 P,05/05 job-a'l PROOF OF PUBUCATION (2015.6 cx.pj STATE A#."RdA County of omrat c4r.a sen a 1 mw—mi of �za' *d tAt and a X� of the �, ..M-- ' bw +ts=gF £^ tk33 €s�tesF Yf Woml r and n a party xa or first d in ;� tS� tte£F, I um tft ice; 3 Loam Cid of tha Coma Costs'Tim% MONr and PWWA at 1�r is L� ua 'ss t� ast aims Croak, 1 oftunty CA Cir.Com.04-60S. IRW:2.09 And wh(ah g+seer,ass 4imwat ,tt b the% x; ar rpt tete Of M,mmmo extra ', 5tarse Pf CAMOMIA, Ur4ftr tt dates of or Octobar 22, 4034. Case s`+8t�nbor 19764, Tho €i ,of which the annexed is d printed copy tis in 'xes�ri not QE3kamw thm "Onp a been p ed in � urnwa ltd i � im at "id rt a �ax and e irs n r t#a i�se cx the fait i do as, + st: r h� v AW in the Yam of 1929 Hmay a it tcWtWIV tpr ave) un4or pante a4 perjury that tars � � foregoing as�and r€ t- � 0 �. 114 I�Xmuw at Walnut Creek,caw On situ 30 day of€6 arck ]0 At to ca"WrW94 P 0 BDx1 Asa RFIt Czvmk, 590 (5101 036.2525 AM ftor of f''.mcation of wtaohod is a caw of t i ddvertlearnent that �&i:tti'ts9i � x eat 8§�t �' S Iwo