Resolution No. 7698• i. i 3
1 RESOLUTION NO. 7698
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 ENCROACHMENT LICENSE AGREEMENT NO. 385 BY AND
5 BETWEEN THE CITY OF VERNON AND MT. VERNON INDUSTRIAL
LLC
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7 WHEREAS, Mt. Vernon Industrial LLC ("Mt. Vernon") has filed an
8 application for an encroachment license agreement pursuant to Vernon
9 City Code Section 22.66 to maintain, operate, and repair a footing
10 encroachment located along the north side of Bandini Boulevard
11 approximately seven hundred twenty-four feet (724') west of the
12 centerline of Sierra Pine Avenue and encroaching for a distance of one
13 hundred ninety-two point seven feet (192.71) along Bandini Boulevard
14 and encroaching into Bandini Boulevard approximately one and one half
15 feet (1%') at a depth of approximately three feet (3') below the
16 elevation of the public sidewalk ("the Encroachment"); and
17 WHEREAS, the City Council is authorized to issue an
18 encroachment license pursuant to Chapter 22, Article VI, Encroachments,'
19 of the Code of the City of Vernon which license shall be valid for a
20 period of twenty-five (25) years unless otherwise stated; and
21 WHEREAS, the City Council adopted Resolution No. 5088 on
22 February 21, 1984, authorizing fees for encroachment licenses; and
23 WHEREAS, Mt. Vernon has provided proof of the required
24 insurance, and has paid the issuance fee of $250.00 and the first annual
25 renewal fee of $37.62; and
26 WHEREAS, the City Administrator/City Clerk by letter dated
27 January 11, 2001, has recommended approval of Encroachment License
28 Agreement No. 385 to allow Mt. Vernon to maintain, operate and repair
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the Encroachment for a period of twenty-five (25) years, subject to the -
terms and conditions of the aforesaid Article VI of Chapter 22 of the
Code of the City of Vernon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
(OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Encroachment License Agreement No. 385, a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
JAgreement to:
Mt. Vernon Industrial LLC
Attn: Larry Block
8075 West 3rd Street, Suite 302
Los Angeles, CA 90048
SECTION 5: The City Clerk of the City of Vernon shall certify
Ito the passage of this resolution, and thereupon and thereafter the
same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of January, 2001.
�LEONIS C. MABURG, Aayor
ATTEST• /
y
BRUCE V. MALKENHORST, City Clerk
- 2
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES
3
4 L, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7698, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Wednesday,
8 `January 17, 2001, and thereafter was duly signed by the Mayor of the
9 City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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13 (SEAL)
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EXHIBIT
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ENCROACHMENT LICENSE AGREEMENT NO. 385
THE CITY OF VERNON, a municipal corporation of the
State of California, as Licensor (hereinafter referred to as
the "City") and Mt. Vernon Industrial LLC (hereinafter
referred to as "Licensee") do hereby agree as follows:
1. The City hereby grants to Licensee a license,
for a term of twenty-five (25) years from and after the date
hereof, to maintain a footing encroachment in Bandini
Boulevard in the City as shown on the engineer's drawing
marked Exhibit "A", attached hereto and made a part hereof
as though fully set forth herein and described as follows:
a. The footing encroachment shall be located
along the north side of Bandini Boulevard approximately
seven hundred twenty-four feet (7241) west of the centerline
of Sierra Pine Avenue and encroaching for a distance of one
hundred ninety-two point seven feet (192.71) along Bandini
Boulevard and encroaching into Bandini Boulevard
approximately one and one half feet (1i')at a depth of
approximately three feet (3') below the elevation of the
public sidewalk.
2. This license is granted subject to the terms
and conditions set forth in the Code of the City of Vernon,
Chapter 22, Article VI, and the acceptance hereof shall
evidence the Licensee's agreement to all terms and
conditions of said article and the additional conditions
hereinafter contained.
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3. Licensee shall pay to the City the issuance
fee of Two Hundred Fifty Dollars ($250.00), prior to the
granting of the license. Licensee shall also pay to the
City the annual renewal fee of -Thirty-seven Dollars and
Sixty-two Cents ($37.62) payable each year during the term
of the license on or before the anniversary of the date of
Ithe License Agreement.
This annual renewal fee shall be revised in
accordance with the changes in the Consumer Price Index for
I.All Urban Consumers (CPI-U), All Items Indexes, Los Angeles-
Anaheim- Riverside (1982-84=100)'(hereinafter "Index")
published by the United States Department of Labor, Bureau
of Labor Statistics. In the event said Index, as of the
anniversary date, is higher than said Index for the issuance
date, the renewal fee shall be increased effective the
anniversary date by multiplying said renewal fee by a
fraction, the numerator of.which is the Index for the
current anniversary date and the denominator of which is the
Index for the twelve-month period ending March 31, 2000.
There shall be no reduction in fees by operation of this
provision.
If, in the future, said Index shall be changed so
that the base year differs from that used as of the date of
commencement of the term hereof, it shall be converted in
accordance with the conversion factor published by the
2
I United States Department of Labor, Bureau of Labor
2 Statistics. In the event said Index is discontinued or
3 revised during the term of this Agreement, such other
4 governmental Index or computation with which it is replaced
5 shall be used in order to obtain substantially the same
6 result that would be obtained if said present Index had not
7
been discontinued or revised.
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9 4. Licensee shall secure and keep in full force
10 and effect, at all times during the term of this license,
11 general liability insurance in the amounts determined by the
12 City on an annual basis and shall file proof thereof with
13 the City Clerk, which proof shall include the following:
14 (1) A standard certificate of insurance.
15 (2) An endorsement naming the City, its officers,
16 and employees as insureds under this policy.
17 (3) An endorsement providing the City thirty (30)
18 days notice of cancellation or material reduction of
19 coverage.
20 (4) A notarized letter from the underwriter or
21 carrier certifying that the coverage and statements in the
22
standard certificate of insurance (attached thereto) are
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24 true and correct and that the signator is an officer
25 authorized to so certify.
26 5. Licensee shall maintain said footing in first
27 class condition to the satisfaction of the City and Licensee
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shall not construct any encroachment pursuant to this
license without having first received a permit therefor from
the City.
6. In the event that Licensee fails to utilize
the footing covered by this license for a consecutive period
of six (6) months during any period of time, the City
Council of the City shall have the right, at its sole
discretion, to declare this license terminated.
7. Licensee shall not sell, transfer, assign or
lease this license, or any part hereof, or any of the rights
or privileges granted hereby. Licensee may not assign its
duties hereunder, and may not assign its rights hereunder to
a public utility.
8. In the event Licensee fails to keep, fulfill
or perform any of the terms or conditions of this license
and fails to remedy such default within thirty (30) days
after written notice from the City, the City may declare
this license terminated. Upon such a declaration of
termination and failure to remedy such default, this license
shall be cancelled and all of the rights and privileges of
Licensee under this license shall be surrendered, and the
City may thereafter exclude Licensee from further use of the
street under this license.
9. Licensee shall promptly repair at its own
cost and expense, and to the satisfaction of the City, any
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damage caused to any street, alley or other public property
in the City by the facilities constructed, maintained or
operated under this license; and if Licensee fails to comply
with any instructions of the City relative thereto within
ten (10) days after the service of written notice upon
Licensee requiring compliance therewith, then the City may
immediately do whatever work is necessary to carry out said
instructions, at the cost and expense of said Licensee. By
the acceptance of this license, said Licensee agrees to pay
these costs upon demand.
10. In the event of the termination of this
license for any cause, Licensee shall upon City's request,
remove the footing encroachment facilities. This
encroachment removal shall be at Licensee's own cost and
expense. This provision may be suspended by the City at its
sole discretion during such period as Licensee may be
negotiating with the City for renewal of this license. If
Licensee fails to remove the footing encroachment
facilities, City shall have the right to remove them at
Licensee's sole expense.
11. Licensee shall preserve and save harmless the
City and each officer and employee thereof form any
liability or responsibility for any accident, loss or damage
to persons or property happening or occurring as a proximate
result of the encroachment or the installation and
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construction thereof.
12. Any notice, communication, request,
instruction or other document required or permitted
hereunder shall be in writing and deemed given when hand -
delivered or sent by confirmed facsimile or U.S. mail
(service during the business hours of 8:00 a.m. to 5:30 p.m.
Monday through Thursday, to the following:
CITY: CITY OF VERNON
ATTN: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
FAX: (323)581-7924
LICENSEE: MT. VERNON INDUSTRIAL, LLC
ATTN: LARRY BLOCK
8075 WEST 3' STREET, SUITE 302
LOS ANGELES, CA 90048
FAX: (323) 936-4509
N.
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EXECUTED IN DUPLICATE this day of , 2000.
CITY OF VERNON
A Municipal Corporation
By
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO,- City Attorney
Licensee
%/ By `
Title Y4ra�HC�n1G 1�9�7�N.
By
Title Ia—, A
*Note: Please type in Titles and names below
signatures. Signatures shall be NOTARIZED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
SS.
Ona4E—, `bme,
• ate Name and Title of Of ii r (e.g., " ,Not Publi )
personally appeared
Name(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory
e idence
DAVID A. SEILING .�
U .�~ COMM. #1234439 -{
F- NOTARY PUBLIC-CALIFORNIA 0
Q" LOS ANGELES COUNTY .j
�»w� • My Comm. Ex Tres Oct. 9, 2003
Place Notary Seal Above
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
my hand ffdial se�L-- ic
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Signature
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Descriptio.rrof Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
C individual • �-
ElCorporate Officer — Title(s): Top of thumb here
❑ Partner — ❑ Limited ❑ General
Attorney in Fact
C. Trustee
C Guardian or Conservator
C Other:
Signer Is Representing:
P 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1.800.876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of AQs
011`11���� before me, t
Date Name and Tide of Oft' (e.g., ane,Doe�puWio
personally appeared
Name(s) of Soer(s) �+
9�onally known to me — OR 46mved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) istare 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),
DAVID A. SEILING or the entity upon behalf of which the person(s) acted,
U •�y COMM. #12339 T executed the instrument.
NOTARY PUBLIC - CALIFORNIA n
(L LOS ANGELES COUNTY WITNESS my hanea
`'r •�•' MV Comm. Ex ires Oct. 9, 2003 d and ffi
of Notary
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Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: I Too of thumb here
Signer Is Representing
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
T)tle(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: I Top of thumb here
Signer Is Representing:
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SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: February 8, 2001
TO: Kevin Wilson, Director of Community Services &
Water
FROM: Gloria Orosco, Chief Deputy City Clerk
RE: Encroachment License Agreement No. 385
Transmitted herewith is a copy of Resolution No. 7698 and
an original executed duplicate copy of Encroachment License
Agreement No. 385, that were approved by City Council on
January 17, 2001. The Encroachment License Agreement has
an annual fee of $37.62 and shall be revised in accordance
with the changes in the Consumer Price Index in accordance
with Section 4 of said agreement.
GJO:ng
CC: Martha Valenzuela
Resolution No. 7698
Encroachment Agreement File
1 ENCROACHMENT LICENSE AGREEMENT NO. 385
2 THE CITY OF VERNON, a municipal corporation of the
3 State of California, as Licensor (hereinafter referred to as
4 the "City") and Mt . Vernon Industrial LLC (hereinafter
5 referred to as "Licensee") do hereby agree as follows :
6 1 . The City hereby grants to Licensee a license,
7 for a term of twenty-five (25) years from and after the date
8 hereof, to maintain a footing encroachment in Bandini
9 Boulevard in the City as shown on the engineer' s drawing
10
marked Exhibit "A", attached hereto and made a part hereof
11
as though fully set forth herein and described as follows :
12
a. The footing encroachment shall be located
13
14 along the north side of Bandini Boulevard approximately
15 seven hundred twenty-four feet (724' ) west of the centerline
16 of Sierra Pine Avenue and encroaching for a distance of one
17 hundred ninety-two point seven feet (192 .7' ) along Bandini
18 Boulevard and encroaching into Bandini Boulevard
19 approximately one and one half feet (111' ) at a depth of
20 approximately three feet (3' ) below the elevation of the
21 public sidewalk.
22 2 . This license is granted subject to the terms
23 and conditions set forth in the Code of the City of Vernon,
24
Chapter 22, Article VI, and the acceptance hereof shall
25 evidence the Licensee ' s agreement to all terms and
26
conditions of said article and the additional conditions
27
hereinafter contained.
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1 3 . Licensee shall pay to the City the issuance
2 fee of Two Hundred Fifty Dollars ($250. 00) , prior to the
3 granting of the license. Licensee shall also pay to the
4 City the annual renewal fee of Thirty-seven Dollars and
5 Sixty-two Cents ($37 . 62) payable each year during the term
6 of the license on or before the anniversary of the date of
7 the License Agreement .
8 This annual renewal fee shall be revised in
9
accordance with the changes in the Consumer Price Index for
10
All Urban Consumers (CPI-U) , All Items Indexes, Los Angeles-
11
Anaheim- Riverside (1982-84=100) (hereinafter "Index")
12
13 published by the United States Department of Labor, Bureau
14 of Labor Statistics . In the event said Index, as of the
15 anniversary date, is higher than said Index for the issuance
16 date, the renewal fee shall be increased effective the
17 anniversary date by multiplying said renewal fee by a
18 fraction, the numerator of which is the Index for the
19 current anniversary date and the denominator of which is the
20 Index for the twelve-month period ending March 31, 2000 .
21 There shall be no reduction in fees by operation of this
22 provision.
23 If, in the future, said Index shall be changed so
24
that the base year differs from that used as of the date of
25
commencement of the term hereof, it shall be converted in
26
accordance with the conversion factor published by the
27
28 2
1 United States Department of Labor, Bureau of Labor
2 Statistics . In the event said Index is discontinued or
3 revised during the term of this Agreement, such other
4 governmental Index or computation with which it is replaced
5 shall be used in order to obtain substantially the same
6 result that would be obtained if said present Index had not
7 been discontinued or revised.
8
4 . Licensee shall secure and keep in full force
9
and effect, at all times during the term of this license,
10
general liability insurance in the amounts determined by the
11
12 City on an annual basis and shall file proof thereof with
13 the City Clerk, which proof shall include the following:
14 (1) A standard certificate of insurance.
15 (2) An endorsement naming the City, its officers,
16 and employees as insureds under this policy.
17 (3) An endorsement providing the City thirty (30)
18 days notice of cancellation or material reduction of
19 coverage .
20 (4) A notarized letter from the underwriter or
21 carrier certifying that the coverage and statements in the
22 standard certificate of insurance (attached thereto) are
23 true and correct and that the signator is an officer
24
authorized to so certify.
25
5 . Licensee shall maintain said footing in first
26
27 class condition to the satisfaction of the City and Licensee
28 3
I shall not construct any encroachment pursuant to this
2 license without having first received a permit therefor from
3 the City.
4 6 . In the event that Licensee fails to utilize
5 the footing covered by this license for a consecutive period
6 of six (6) months during any period of time, the City
7 Council of the City shall have the right, at its sole
8 discretion, to declare this license terminated.
9 7 . Licensee shall not sell, transfer, assign or
10 lease this license, or any part hereof, or any of the rights
11
or privileges granted hereby. Licensee may not assign its
12
13 duties hereunder, and may not assign its rights hereunder to
14 a public utility.
15 8 . In the event Licensee fails to keep, fulfill
16 or perform any of the terms or conditions of this license
17 and fails to remedy such default within thirty (30) days
18 after written notice from the City, the City may declare
19 this license terminated. Upon such a declaration of
20 termination and failure to remedy such default, this license
21 shall be cancelled and all of the rights and privileges of
22 Licensee under this license shall be surrendered, and the
23 City may thereafter exclude Licensee from further use of the
24 street under this license.
25 9 . Licensee shall promptly repair at its own
26
cost and expense, and to the satisfaction of the City, any
27
28 4
I damage caused to any street, alley or other public property
2 in the City by the facilities constructed, maintained or
3 operated under this license; and if Licensee fails to comply
4 with any instructions of the City relative thereto within
5 ten (10) days after the service of written notice upon
6 Licensee requiring compliance therewith, then the City may
7 immediately do whatever work is necessary to carry out said
8 instructions, at the cost and expense of said Licensee. By
9 the acceptance of this license, said Licensee agrees to pay
10
these costs upon demand.
11
10 . In the event of the termination of this
12
13 license for any cause, Licensee shall upon City' s request,
14 remove the footing encroachment facilities . This
15 encroachment removal shall be at Licensee' s own cost and
16 expense. This provision may be suspended by the City at its
17 sole discretion during such period as Licensee may be
18 negotiating with the City for renewal of this license. If
19 Licensee fails to remove the footing encroachment
20 facilities, City shall have the right to remove them at
21 Licensee' s sole expense .
22 11 . Licensee shall preserve and save harmless the
23 City and each officer and employee thereof form any
24 liability or responsibility for any accident, loss or damage
25
to persons or property happening or occurring as a proximate
26
result of the encroachment or the installation and
27
28 5
f '
1 construction thereof.
2 12 . Any notice, communication, request,
3 instruction or other document required or permitted
4 hereunder shall be in writing and deemed given when hand-
5 delivered or sent by confirmed facsimile or U. S . mail
6 service during the business hours of 8 : 00 a.m. to 5 : 30 p.m.
7 Monday through Thursday, to the following:
8
9
CITY: CITY OF VERNON
10 ATTN: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
11 VERNON, CA 90058-0805
12 FAX: (323) 581-7924
13 LICENSEE : MT . VERNON INDUSTRIAL, LLC
ATTN: LARRY BLOCK
14 8075 WEST 31w STREET, SUITE 302
LOS ANGELES , CA 90048
15 FAX: (323) 936-4509
16
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28 6
hi EXECUTED IN DUPLICATE ts )7ay d of �il �060 .
1
2 CITY OF VERNON
3 A Municipal Corporation
4
5 B
L ON S C. MALBUR , Mayer
6
7 ATTEST:
8
BRUCE V. MALKENHORST, City Clerk
9
10 APPROVED AS TO FORM:
11
EDUARDO OLIVO, City Atto
12
13
14 Licensee
15 J By --PAW .¢4L.2-
16 t& • `,cue'- i
Title Y11 f44,F}G I tit 6_ ►P rWe/L.
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18 By
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20 Title a-,-) .t 5S
21 *Note : Please type in Titles and names below
22 signatures . Signatures shall be NOTARIZED
23
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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UCOMM. #1234439 H the entity upon behalf of which the person(s) S c NOTARY PUBLIC-CALIFORNIA C) acted, executed the instrument.
G d " LOS ANGELES COUNTY r
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i ESS my hand d Icial seal.
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i \ 1
0 Face Notary Seal�L Sgnature O Notary Publk xi
'S
OPTIONAL
i Though the information below is not required by law. it may prove valuable to persons relying n the document
and could prevent fraudulent removal and reattachment of this form to another docume .
c Description of Attached Document
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.8 1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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whose name(s) is/are subscribed to the within instrument
0 and acknowledged to me that he/she/they executed the 0
0 same in his/her/their authorized capacity(ies), and that by 0
1 \A A A A A A A A A A A A 4 his/her/their signature(s) on the instrument the person(s).
�- ' DAVID A. SEILING or the entity upon behalf of which the person(s) acted, 0
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0 OPTIONAL l0
0Though the information below is not required by law. it may prove valuable to persons relying on the doc -sd could preven tl
111 fraudulent removal and reattachment of this form to another document. 1111110
1 0 0 Description of Attached Document 0
0 Title or Type of Document: 0
8 Document Date: _ Number of Pages: 0
0
Signer(s) Other Than Named Above: _ O
Capacity(ies) Claimed by Signer(s) 0
Signer's Name: _ _ - _ Signer's Name:
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0 ❑ Corporate Officer Corporate Officer
Title(s): _ Title(s): 0
❑ Partner— - Limited - General C Partner—- Limited ❑ General 0
❑ Attorney-in-Fact ❑ Attorney-in-Fact
8 0 Trustee 0 TrusteeRI
THUMBPRINT RIGHT THUMBPRINT
❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER 0
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e 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827