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HomeMy WebLinkAboutResolution No. SA 12-0002 SUCCESSOR AGENCY RESOLUTION NO. SA 12 -0002 RESOLUTION OF THE BOARD OF DIRECTORS OF THE DOWNEY SUCCESSOR AGENCY AUTHORIZING THE PROCESSING OF DOCUMENTATION CONFIRMING ITS OWNERSHIP OF FORMER REDEVELOPMENT AGENCY PROPERTIES WHEREAS, the Community Development Commission of the City of Downey (the "Agency ") was a Redevelopment Agency in the City of Downey (the "City "), duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "CRL "); and, WHEREAS, the Agency was responsible for the administration of redevelopment activities within the City; and WHEREAS, pursuant to Health and Safety Code Sections 33430 and 33432, and the CRL in general, the Agency was authorized to convey any real property or any interest in real property owned by the Agency to the City; and, WHEREAS, pursuant to Health and Safety Code Sections 33205, 33220, 33445, and 33445.1, and the CRL in general, the City and Agency had the power to enter into agreements concerning Agency -owned real property in order to facilitate the implementation of redevelopment projects and to provide funding necessary to effectuate the completion of redevelopment projects within that and future fiscal years; and, WHEREAS, pursuant to the authority granted in the CRL, City and Agency entered into a Purchase and Sale Agreement on or about April 12, 2011, the authorized and directed the transfer of certain real property listed and described in Exhibit 1 attached hereto and incorporated herein by this reference (the "Agency Properties "), for use by the City consistent with the CRL and any applicable cooperation or other agreements for ongoing efforts to redevelop, revitalize and /or eliminate blight in the Agency's redevelopment project areas and /or for the purpose of repayment of debt owed to the City by the Agency for previously approved loans /advances for operation of the Agency; and, WHEREAS, the transfer of the Agency Properties was effectuated by Quitclaim Deed, Instrument No. 20110648351, recorded in the Office of Official Records for the County of Los Angeles, California; and, WHEREAS, pursuant to the authority granted in the CRL and City Council Agenda Memo of April 12, 2011, the City approved and agreed to accept the transfer of the Agency Properties, executing certificates of acceptance (the "Certificates of Acceptance ") for the Agency Properties, and effectuating the transfer of ownership of the Agency Properties from the Agency to the City by Quitclaim Deed, Instrument No. 20110648351, recorded in the Office of Official Records for the County of Los Angeles, California (the "Agency Deed "); and, WHEREAS, neither any cooperation agreement nor the purported transfer of the Agency Properties (or any of the related documents and actions) were challenged within the applicable statute of limitations; and, RESOLUTION NO. SA 12 -0002 PAGE 2 WHEREAS, Assembly Bill 26 from the 2011 -12 First Extraordinary Session of the California Legislature ( "ABX1 26 ") was signed by the Governor of California on June 28, 2011, making certain changes to the CRL and adding Parts 1.8 and 1.85 to Division 24 of the California Health and Safety Code; and, WHEREAS, ABX1 26 states, in part, that "[t]he Legislature hereby finds that a transfer of assets by a redevelopment agency [after January 1, 2011 ] is deemed not to be in the furtherance of the [CRL] and is thereby unauthorized "; and, WHEREAS, ABX1 26 further states, in part, that "[c]ommencing [February 1, 2012], ... arrangements between the city ... that created the redevelopment agency and the redevelopment agency are invalid..."; and, WHEREAS, ABX1 26 further states, in part, that "[a]II ... properties [and] buildings ... of the former redevelopment agency are transferred on [February 1, 2012], to the control of the successor agency "; and, WHEREAS, on or about April 20, 2012, the California State Controller issued letter stating, in part, "[i]f your city :.. received any assets from a redevelopment agency after January 1, 2011, your city ... hereby is ordered to ... reverse the transfer and return the applicable assets to the successor agency of the relevant redevelopment agency "; and, WHEREAS, Assembly Bill 1484 from the 2011 -12 Legislative Session ( "AB 1484 ") was signed by the Governor of California on June 27, 2012, making changes to ABX1 26 and certain additional changes to the CRL, and establishing that the successor agency to the Agency ( "Successor Agency ") is a separate public agency from the City that activated the former Agency; and, WHEREAS, AB 1484, at Health and Safety Code Section 34179.5(c)(2), categorizes certain assets as those "transferred after January 1, 2011 ... by the redevelopment agency ... to the city ... that formed the redevelopment agency..." ( "Section 34179.5(c)(2) Assets "); and, WHEREAS, AB 1484, at Health and Safety Code Section 34179.5(c)(1), categorizes certain other assets as those "transferred from the former redevelopment agency to the successor agency on or about February 1, 2012." ( "Section 34179.5(c)(1) Assets "); and, WHEREAS, because (i) ABX1 26 states that a transfer of assets by a redevelopment agency after January 1, 2011 was "unauthorized ", (ii) ABX1 26 further states that commencing February 1, 2012, arrangements between a redevelopment agency and the city that created it are "invalid" and (iii) the State Controller has purported to order that ownership of certain assets be vested in successor agencies, the Agency Properties are therefore not categorized as Section 34179.5(c)(2) Assets; and, WHEREAS, because ABX1 26 states that all properties and buildings of the former redevelopment agency are transferred on February 1, 2012 to the control of the Successor Agency, the Agency Properties are therefore categorized as Section 34179.5(c)(1) Assets; and, RESOLUTION NO. SA 12 -0002 PAGE 3 WHEREAS, the Successor Agency disputes that, at the time of the purported transfer of the Agency Properties prior to the enactment of ABX1 26, the purported transfer by the Agency to the City was not in furtherance of the CRL; and, WHEREAS, the Successor Agency disputes the effectiveness of the Legislature's retroactive application of law that purports to deem the purported transfer of the Agency Properties not in furtherance of the CRL, when such purported transfer was conducted in accordance with the CRL at the time when made and was not challenged within the applicable statute of limitations; and, WHEREAS, the Successor Agency disputes that commencing February 1, 2012, arrangements between the redevelopment agency and the city that created it are invalid; and, WHEREAS, the Successor Agency disputes the effectiveness of the California State Controller's order to reverse the transfer of the Agency Properties and return the applicable assets to the Successor Agency; and, WHEREAS, notwithstanding the Successor Agency's disputes noted in the recitals above, the Successor Agency has limited financial resources and desires not to initiate litigation at this time with regard to the provisions in ABX1 26, AB 1484 and /or the purported order by the California State Controller that ownership of the Agency Properties be vested in the Successor Agency; and, WHEREAS, in order to avoid the costs of litigation and other costs, the Successor Agency desires to take action in a manner consistent with ABX1 26, AB 1484 and the California State Controller's purported order, and in furtherance of the Successor Agency's duties under California Health and Safety Code Sections 34179.6(h)(1) and 34179.6(0, by processing documentation reflecting ownership of the Agency Properties by the Successor Agency, without acknowledging or agreeing to, and reserving any and all rights by disputing, the effectiveness of the provisions in ABX1 26, AB 1484 and /or the purported order by the California State Controller that ownership of the Agency Properties be vested in the Successor Agency; and, WHEREAS, the Successor Agency's processing of documentation reflecting ownership of the Agency Properties by the Successor Agency is not intended to waive, and shall not constitute a waiver, by the Successor Agency of any constitutional, legal or equitable rights that the Successor Agency may have to challenge, through administrative or judicial proceedings, the effectiveness and /or legality of all or any portion of ABX1 26 or AB 1484, any determinations rendered or actions or omissions to act by any public agency or government entity or division in the implementation of ABX1 26 and AB 1484, and any and all related legal and factual issues, and the Successor Agency expressly reserves any and all rights, privileges, and defenses available under law and equity; and, WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ( "CEQA "), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.); and, RESOLUTION NO. SA 12 -0002 PAGE 4 WHEREAS, per Section 15301 of the State CEQA Guidelines, the transfer of real property is exempt from environmental review under CEQA because the transfer will result in a continuation of an existing facility involving no expansion of use and is therefore exempt from environmental review, and any future development of the real property will require separate environmental review; and, WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and incorporated herein. SECTION 2. The Successor Agency hereby authorizes the processing of documentation confirming its ownership of the Agency Properties, including the execution of certificates of acceptance therefore. SECTION 3. The Executive Director, or designee, is hereby authorized to take such actions and execute such documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency. SECTION 4. This Resolution shall take effect upon the date of its adoption. PASSED, APPROVED, AND ADOPTED this th day of November, 2012. P ROGE C. B OSSMER, Chair t. 14 it,,.__,( ( , / ,-,„,, . ADRIA M. JIMEN Z, CIVIC Secretary HEREBY CERTIFY that the forgoing Resolution was adopted by the Downey Successor Agency at a Regular Meeting held on the 23 day of October 2012, by the following vote, to wit: AYES: Successor Members: Marquez, Vasquez, Gafin, Chair Brossmer NOES: Successor Member: None ABSENT: Successor Member: None ABSTAIN: Successor Member: Guerra // t I i C i i , r '` ��I III � �Ir A AI R' IA M. JIMENEZ, tMC Secretary Exhibit 1 List and Description of Agency Property 9066 Firestone Blvd, Downey, CA 90241 APN: 6284-006-903 and 6284 -006 -904 EXHIBIT "1" LEGAL DESCRIPTION APNs: 6284- 006 -903 and 6284-006 -904 THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LEGALLY DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF BLOCK "Q" OF THE RANCHO SANTA GERTRUDES, IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP OF HOFFMAN'S SURVEY THEREOF, RECORDED IN BOOK 1 OF PAGE 502 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID BLOCK "Q" WITH THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 57 DEGREES 06 MINUTES 56 SECONDS EAST 377.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 30 DEGREES 37 MINUTES 10 SECONDS EAST 96.26 FEET; THENCE NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 54.40 FEET TO A POINT THAT IS SOUTH 29 DEGREES 54 MINUTES 26 SECONDS WEST 308.00 FEET FROM THE SOUTHWESTERLY LINE OF THAT CERTAIN PORTION OF BLOCK 'Cr DESCRIBED IN BOOK 30587 PAGE 80 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEARING SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST, ALONG SAID SOUTHWESTERLY LINE, 180.45 FEET FROM THE MOST EASTERLY CORNER OF THAT CERTAIN PORTION OF BLOCK "Cr DEEDED TO RICHFIELD OIL CORPORATION, AND DESCRIBED IN BOOK 41190 PAGE 402, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BEING ALSO THE SOUTHWESTERLY LINE OF FIRESTONE BOULEVARD, 100 FEET WIDE, THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST 130.00 FEET, THENCE PARALLEL WITH THAT CERTAIN COURSE HEREIN, BEFORE RECITED AS NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 54.40 FEET, NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 93.00 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED MAY 23, 1967 AS INSTRUMENT NO. 833 IN BOOK D- 3650 PAGE 210, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST 115.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LAND SOUTH 29 DEGREES 54 MINUTES 26 SECONDS WEST 261.82 FEET TO SAID NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 57 DEGREES 06 MINUTES 56 SECONDS WEST 247.05 FEET TO THE TRUE POINT OF BEGINNING. PARCEL IA: . AT EASEMENT IN COMMON WITH OTHERS FOR INGRESS AND EGRESS OVER THAT PORTION OF BLOCK "Q" OF THE RANCHO SANTA GERTRUDES, IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP OF HOFFMAN'S SURVEY THEREOF, RECORDED IN BOOK 1 PAGE 502 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 20 FEET WIDE, THE SOUTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, WITH THE. SOUTHEASTERLY LINE OF LAKEWOOD BOULEVARD AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED ON FEBRUARY 21, 1949 IN BOOK 29430 PAGE 114, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 57 DEGREES 06 MINUTES 56 SECONDS EAST TO THE NORTHWESTERLY LINE OF PARCEL 1 ABOVE DESCRIBED. SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN SAID SOUTHEASTERLY LINE OF SAID LAND OF THE STATE OF CALIFORNIA AND SOUTHEASTERLY IN SAID NORTHWESTERLY LINE OF SAID PARCEL 1. PARCEL 2: THAT PORTION OF BLOCK "Q" OF THE RANCHO SANTA GERTRUDES, IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP OF HOFFMAN'S SURVEY THEREOF; RECORDED IN BOOK 1 PAGE 502 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: Exhibit 1 Page 1 EXHIBIT "1" (continued) __.._ BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED ON MAY 23, 1967 AS INSTRUMENT NO. 833 IN BOOK 0-3650 PAGE 210 OF OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PORTION OF SAID BLOCK "Q" DESCRIBED IN BOOK 30587 PAGE 180 OF OFFICIAL RECORDS OF SAID COUNTY; SAID SOUTHWESTERLY LINE BEING ALSO THE SOUTHWESTERLY LINE OF FIRESTONE BOULEVARD; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE 128.91 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 0-5637 ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID COUNTY; THENCE SOUTH 25 DEGREES 45 MINUTES 15 SECONDS WEST ALONG THE NORTHEASTERLY LINE DESCRIBED IN SAID CERTIFICATE 473.98 FEET, MORE OR LESS TO THE NORTHEASTERLY LINE OF THE 100 FEET RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE NORTH 57 DEGREES 06 MINUTES 56 SECONDS WEST ALONG THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY 163.46 FEET TO A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK D -3650 PAGE 210 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION AND LINE NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 466.82 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHEASTERLY 215.00 FEET MEASURED ALONG THE NORTHWESTERLY LINE OF SAID LAND. PARCEL 2A: A NON - EXCLUSIVE EASEMENT SOLELY FOR INGRESS, EGRESS AND PUBLIC UTILITY PURPOSES OVER THAT PORTION OF BLOCK "Cr OF RANCHO SANTA GERTRUDES, IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP OF HOFFMAN'S SURVEY THEREOF, RECORDED IN BOOK 1 PAGE 502 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 30.00 FEET WIDE, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM M. ARENSTEIN AND WIFE, RECORDED ON MAY 23, 1967 AS INSTRUMENT NO. 833 I N BOOK D -3650 PAGE 210, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED AND THE - SOUTHWESTERLY PROLONGATION THEREOF, SOUTH 20 DEGREES 34 MINUTES 26 SECONDS WEST 466.82 FEET TO THE SOUTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY. SAID EASEMENT IS BOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY AND BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY LINE OF FIRESTONE BOULEVARD, 100 FEET WIDE. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF PARCELS 1, 2 AND 3. PARCEL 3: . . . THAT PORTION OF BLOCK 'Q' OF THE RANCHO SANTA GERTRUDES, IN THE CITY OF DOWNEY, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP OF HOFFMAN'S SURVEY THEREOF, RECORDED IN BOOK 1 PAGE 502 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID BLOCK "Q' WITH THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 57 DEGREES 06 MINUTES 56 SECONDS EAST 377.68 FEET; THENCE NORTH 30 DEGREES 57 MINUTES 10 SECONDS EAST 96.26 FEET; THENCE NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 362.40 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THAT CERTAIN PORTION OF BLOCK "Q' DESCRIBED IN BOOK 30587 PAGE 180 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEARING SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST, ALONG SAID SOUTHWESTERLY LINE 180.45 FEET FROM THE MOST EASTERLY CORNER OF THAT CERTAIN PORTION OF BLOCK "Q" DEEDED TO RICHFIELD OIL CORPORATION AND DESCRIBED IN BOOK 41190 PAGE 402, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BEING ALSO THE SOUTHWESTERLY LINE OF FIRESTONE BOULEVARD, 100 FEET WIDE; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST 130.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THAT CERTAIN COURSE HEREINBEFORE RECITED AS 'NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 362.40 FEET; SOUTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 215.00 FEET; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE OF FIRESTONE BOULEVARD, SOUTH 59 DEGREES 00 MINUTES 13 SECONDS EAST 115.00 FEET; THENCE NORTH 29 DEGREES 54 MINUTES 26 SECONDS EAST 215.00 FEET TO SAID SOUTHWESTERLY LINE; THENCE THEREON, NORTH 59 DEGREES 00 MINUTES 13 SECONDS WEST 115.00 FEET TO THE TRUE POINT OF BEGINNING." APNs: 6284 - 006 -903 and 6284 -006 -904 Exhibit 1 Page 2 CERTIFICATE OF ACCEPTANCE OF INTEREST IN REAL PROPERTY BY THE DOWNEY SUCCESSOR AGENCY (GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the foregoing Quitclaim Deed. dated . 2012, from the City of Downey, a California municipal corporation ( "Grantor') to the Successor Agency to the Community Development Commission of the City of Downey, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code section 34173 ( "Grantee "), is hereby accepted by the Grantee's Executive Director pursuant to the authority to accept interests in real property on behalf of the Grantee conferred by Successor Agency Resolution No. adopted on October 23, 2012. The Grantee further consents to its recordation. Dated: DOWNEY SUCCESSOR AGENCY, a public body, corporate and politic, duly established and existing pursuant to Health and Safety Code § 34173 By: Gilbert A. Livas Its: Executive Director State of California ) County of ) �� On . hefore me, , Notary Public, (here 1I1SCFt name z111d idle or the officer) personally appeared who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 69s/009410-1017 4-11770 1 (110/17/12 -4-