2003-1457631
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DEC 0(:) ~ 2003 4:: o=~; F'i""'!¡
Recording Requested By: ) DFFICUIL ~lCO~'DS
) SAN DIEGO COUNTY F:ECO~'DFR'S OFFICE
City Engineer ) GF:EGUF;Y J. SMITH; COUNT V PECO~:DER
) FEES: :55.00
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
~ Encmitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONL Y
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\ ùe 11" v~; -:),-< PRIVATE ROAD
\V .~ MAINTENANCE AGREEMENT
FOR TM 99-150
V' !,../
Assessor's Parcel No. 254-144-02 &254-163-30 ProjectNo.: TM 99-150
W.O. No.: 7893-FM
THIS AGREEMENT for the maintenance and repair of that certain private road easement, the
legal description and/or plat of which is set forth in Exhibits attached hereto and made a part
hereof, is entered into by DBR DEVELOPMENT, INC., A CALIFORNIA CORPORATION
(hereinafter referred to as "Developer") for the benefit of future subdivision lot owners who will
use the private road easement (hereinafter referred to as "lot owners", which shall include the
Developer to the extent the Developer retains any ownership interest in any lot or lots).
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas
of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant
to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and
WHEREAS, Developer is the owner of certain real property being subdivided and
developed as TM 99-150 that will use and enjoy the benefit of said road easement(s). A
complete legal description of said real property is attached, labelled Exhibit A, and incorporated
by reference. Said real property is hereinafter referred to as the "property"; and
WHEREAS, it is the desire of the Developer that said private road be maintained in a safe
and usable condition by the lot owners; and
WHEREAS, it is the desire of the Developer to establish a method for the maintenance and
repair of said private road easement and for the apportionment of the expense of such
maintenance and repair among existing and future lot owners; and
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WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant
running with the land, binding upon each successive lot owner of all or any portion of the
property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
.1. The property is benefited by this Agreement, and present and successive lot
owners of all or any portion of the property are expressly bound hereby for the benefit of the
land.
2. The cost and expense of maintaining the private road easement shall be divided
equally among the subdivided parcels created in the subdivision and paid by the lot owner of the
heirs, assigns and successors in interest or each such owner.
3. In the event any of the herein described parcels of land are subdivided further, the
lot owners, heirs, assigns and successors in interest of each such newly created parcel shall be
liable under this Agreement for their then pro rata share of expenses and such pro rata shares of
expenses shall be computed to reflect such newly created parcels.
4. The repairs and maintenance to be performed under this Agreement shall be
limited to the following unless the consent for additional work is agreed to by a majority vote of
the lot owners owning 100% of the number of parcels, including subdivisions thereof as
described in Paragraph 3 above: reasonable and normal road improvement and maintenance
work to adequately maintain said private road easement to permit all-weather access and
conveyance of storm flows. Repairs and maintenance under this Agreement shall include, but is
not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds,
repairing and maintaining drainage structures, removing debris, maintaining signs, markers,
striping and lighting, if any, and other work reasonably necessary and proper to repair and
preserve the easement for all-weather road purposes.
5. If there is a covenant, agreement, or other obligation imposed as a condition of
subdivision approval to make private road improvements to the private road easement, the
obligation to repair and maintain the private road easement as herein set forth shall commence
when the private road improvements have been completed and approved by the City.
6. Any extraordinary repair required to correct damage to said road easement that
results from action taken or contracted for by lot owners or their successors in interest shall be
paid for by the party taking action or party contracting for work which caused the necessity for
the extraordinary repair. The repair shall be such as to restore the road easement to the condition
existing prior to said damage.
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7. It is agreed that Developer is initially the agent to contract and oversee and do all
acts necessary to accomplish the repairs and maintenance required and/or authorized under this
Agreement. Developer further agrees that the agent may at any time be replaced at the direction
of a majority of the lot owners. Repair and maintenance work on the private road easement shall
be commenced when a majority of the lot owners agree in writing that such work is needed. The
agent shall obtain three bids from licensed contractors and shall accept the lowest of said three
bids and shall then initiate the work. The agent shall be paid for all costs incurred including a
reasonable compensation for the agent's services, and such costs shall be added to and paid as a
part of the repair and maintenance costs; provided, however, that compensation for the agent's
services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and
maintenance performed. In performing his duties, the agent, as he anticipates the need for funds,
shall notify the parties and each party shall within forty-five (45) days pay the agent, who shall
maintain a trustee account and also maintain accurate accounting records which are to be
available for inspection by any party or authorized agent upon reasonable request. All such
records shall be retained by the agent for a period of five years.
8. Should any lot owner fail to pay the pro rata share of costs and expenses as
provided in this Agreement, then the agent or any lot owner or owners shall be entitled without
further notice to institute legal action for the collection of funds advanced on behalf of such lot
owner in accordance with the provisions of California Civil Code Section 845, and shall be
entitled to recover in such action in addition to the funds advanced, interest thereon at the current
prime rate of interest, until paid, all costs and disbursements of such action, including such sum
or sums as the Court may fix as and for a reasonable attorneys fees.
9. Any liability of the lot owners for personal injury to the agent hereunder, or to any
worker employed to make repairs or provide maintenance under this Agreement, or to third
persons, as well as any liability of the lot owners for damage to the property of agent, or any such
worker, or of any third persons, as a result of or arising out of repairs and maintenance under this
Agreement, shall be borne, as between the lot owners in the same percentages as they bear the
costs and expenses of such repairs and maintenance. Each lot owner shall be responsible for and
maintain his own insurance, if any. By this Agreement, the Developer does not intend to provide
for the sharing of liability with respect to personal injury or property damage other than that
attributable to the repairs and maintenance undertaken under this Agreement. Each of the lot
owners agrees to indemnify the others from any and all liability for injury to himself or damage
to his property when such injury or damage results from, arises out of, or is attributable to any
maintenance or repairs undertaken pursuant to this Agreement.
10. Lot owners shall jointly and severally defend and indemnify and hold harmless
City, City's engineer and its consultants and each of its officials, directors, officers, agents and
employees from and against all liability, claims, damages, losses, expenses, personal injury and
other costs, including costs of defense and attorney's fees, to the agent hereunder or to any lot
owner, any contractor, any subcontractor, any user of the road easement, or to any other third
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8 persons arising out of or in any way related to the use of, repair or maintenance of, or the failure
to repair or maintain the private road easement.
Nothing in the Agreement, the specifications or other contract documents or City's
approval of the plans and specifications or inspection of the work is intended to include a review,
inspection acknowledgement of a responsibility for any such matter, and City, City's engineer
and its consultants, and each of its officials, directors, officers, employees and agents, shall have
no responsibility or liability therefore.
11. The foregoing covenants shall run with the land and shall be deemed to be for the
benefit of the land of each of the lot owners and each and every person who shall at anytime own
all or any portion of the property referred to herein.
12. It is understood and agreed that the covenants herein contained shall be binding on
the heirs, executors, administrators, successors, and assignees of each of the lot owners.
13. It is the purpose of the signatories hereto that this instrument be recorded to the
end and intent that the obligation hereby created shall be and constitute a covenant running with
the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of
a deed and/or conveyance regardless of form, shall be deemed to have consented to and become
bound by these presents, including without limitation, the right of any person entitled to enforce
the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such
remedy to be cumulative and in addition to other remedies provided in this Agreement and to all
other remedies at law or in equity.
14. The terms of this Agreement may be amended in writing upon majority approval
of the lot owners and consent of the City.
15. This Agreement shall be governed by the laws of the State of California. In the
event that any of the provisions of this Agreement are held to be unenforceable or invalid by any
court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall
not be affected thereby.
16. If the Property constitutes a "Common Interest Development" as defined in
California Civil Code Section 1351(c) which will include membership in or ownership of an
"Association" as defined in California Civil Code Section 1351 (a), anything in this Agreement to
the contrary notwithstanding, the following provisions shall apply at and during such time as (i)
the Property is encumbered by a "Declaration" (as defined in California Civil Code Section
1351(h), and (ii) the Common Area of the property (including the private road easement) is
managed and controlled by an Association:
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(a) The Association, through its Board of Directors, shall repair and maintain the
private road easement and shall be deemed the "agent" as referred to in Paragraph 7 above. The
Association, which shall not be replaced except by amendment to the Declaration, shall receive
no compensation for performing such duties. The costs of such maintenance and repair shall be
assessed against each owner and his subdivision interest in the Property pursuant to the
Declaration. The assessments shall be deposited in the Association's corporate account.
(b) The provisions in the Declaration which provide for assessment liens in favor of
the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its
entirety. No individual owners shall have the right to alter, maintain or repair any of the
Common Area (as defined in California Civil Code Section 1351(b) in the Property except as
may be allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner which reduces or limits the
Association's rights and duties pursuant to its Bylaws and Declaration.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the 5 r'lf day of 5GP rein /ðé IZ. ,2003.
Developer: r:;bar< t N Ç.
'þG"NNI'
(Print name:)
~í]K D L~ C'1-cJPM l~ Il'fc
(Print name:)
/n éf¡J2!L
V~
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
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EXHmIT A
PROPERTY DESCRIPTION
PARCEL A: (APN: 254-144-02)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINIT AS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 35 OF CREST ACRES,
ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SAID CORNER BEING ALSO A
POINT IN THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG SAID EAST LINE SOUTH 4°40' EAST
633.14 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER; THENCE ALONG THE SOUTH LINE THEREOF
NORTH 87°09'15" WEST 582.29 FEET TO A POINT IN THE EASTERLY
BOUNDARY LINE OF ORPHEUS AVENUE AS SHOWN ON SAID MAP NO. 2019;
THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID AVENUE
AS FOLLOWS:
NORTH 2°00' EAST 429.52 FEET TO A TANGENT 50 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTERLY
ALONG SAID CURVE 66.32 FEET; THENCE TANGENT TO SAID CURVE 66.32
FEET; THENCE TANGENT TO SAID CURVE NORTH 78°00' EAST 346.41 FEET;
THENCE NORTH 69°40' EAST 147.57 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WESTERL Y AND
NORTHERL Y OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID GOVERNMENT LOT
2; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2 NORTH 86°30'39"
WEST, 181.27 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH
30°20'56" WEST 85.68 FEET; THENCE NORTH 3°43'27" WEST 203.04 FEET;
THENCE NORTH 17°05'01" WEST, 250.45 FEET; THENCE NORTH 68°08'11"
EAST, 195.00 FEET TO THE SOUTHERLY LINE OF ORPHEUS AVENUE AS
SHOWN ON MAP OF CREST ACRES MAP NO. 2019, FILED MAY 3,1927 IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY
LINE NORTH 69°13'42" EAST, 92.52 FEET TO THE EASTERLY LINE OF SAID
GOVERNMENT LOT 2.
page 1 of2
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EXHIBIT A
PROPERTY DESCRIPTION (cont.)
PARCEL B: (APN: 254-163-30)
THAT PORTION OF LOTS 32, 33 AND 35 OF CREST ACRES, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 3,1927, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 32, DISTANT
THEREON NORTH 87°13'00" WEST 437.35 FEET FROM THE SOUTHEASTERLY
CORNER OF SAID LOT 32; THENCE AT RIGHT ANGLES TO SAID SOUTHERLY
LINE, NORTH 02°47'00" EAST 447.64 FEET; THENCE NORTH 87°13'00" WEST
356.20 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 35; THENCE
ALONG SAID WESTERLY LINE SOUTH 04°40'00" EAST 451.45 FEET TO THE
SOUTHWESTERL Y CORNER OF SAID LOT 35; THENCE ALONG THE
SOUTHERL Y LINE OF SAID LOT, AND THE SOUTHERLY LINE OF LOT 32,
SOUTH 87°13'00" EAST 299.69 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERL Y OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 32,
DISTANT THEREON NORTH 87°13'00" WEST 437.35 FEET FROM THE
SOUTHEASTERL Y CORNER OF SAID LOT 32; THENCE AT RIGHT ANGLES TO
SAID SOUTHERLY LINE, NORTH 02°47'00" EAST 367.00 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 59°12'47" WEST 383.96 FEET TO A POINT ON
THE WESTERLY LINE OF SAID LOT 32, SAID POINT BEING DISTANT
THEREON, NORTH 04°40'00" WEST 156.00 FEET FROM THE SOUTHWEST
CORNER OF SAID LOT 35, BEING THE POINT OF ENDING.
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. LEGAL DESCRIPTION
PRIVATE ROAD EASEMENT
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, TOGETHER WITH
THAT PORTION OF LOT 35 OF CREST ACRES, IN THE CITY OF ENCINIT AS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3,
1927, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTHERLY
LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, NORTH
86°33'40" WEST 181.23 FEET (RECORD NORTH 86°30'39" WEST 181.27 FEET) TO A
POINT IN THE EASTERLY LINE OF THAT FRONT AGE ROAD SHOWN ON
MISCELLANEOUS SURVEY NO. 775, FILED IN THE OFFICE OF THE COUNTY
ENGINEER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON APRIL 15, 1977,
LYING EASTERLY OF STATE ROUTE INTERST ATE 5, SAID FRONTAGE ROAD BEING
KNOWN AS PIRAEUS STREET; THENCE ALONG SAID EASTERLY LINE OF PIRAEUS
STREET NORTH 30°21 '25" WEST 85.70 FEET (RECORD NORTH 30°20'56" WEST 85.68
FEET); THENCE NORTH 03°42'56" WEST (RECORD NORTH 03°43'27" WEST) 11.05
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
LINE OF PIRAEUS STREET NORTH 74°46'48" EAST 34.01 FEET TO THE BEGINNING OF
A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 165.00 FEET, A RADIAL TO
SAID POINT BEARS SOUTH 15°13'12" EAST; THENCE NORTHEASTERLY AND
NORTHERL Y ALONG THE ARC OF SAID CURVE 224.37 FEET THROUGH A CENTRAL
ANGLE OF 77°54'43" TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 27.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH
86°52'05" WEST; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF
SAID CURVE 39.70 FEET THROUGH A CENTRAL ANGLE OF 84°14'25"; THENCE
NORTH 81°06'30" EAST 75.31 FEET; THENCE NORTH 01°03'01" EAST 30.46 FEET;
THENCE SOUTH 81 °06'30" WEST 90.84 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 27.00 FEET, A RADIAL TO SAID
POINT BEARS SOUTH 08°53 '30" EAST; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE 33.13 FEET THROUGH A CENTRAL ANGLE OF 70°17'50"; THENCE
NORTH 28°35'40" WEST 11.13 FEET; THENCE SOUTH 61°24'20" WEST 30.00 FEET;
THENCE SOUTH 28°35'40" EAST 11.13 FEET TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 135.00 FEET, A RADIAL TO SAID
POINT BEARS NORTH 61°24'20" EAST; THENCE SOUTHEASTERLY, SOUTHERLY,
AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 243.57 FEET THROUGH A
CENTRAL ANGLE OF 103°22'28"; THENCE SOUTH 74°46'48" WEST 27.91 FEET TO A
POINT IN SAID EASTERLY LINE OF PIRAEUS STREET; THENCE ALONG THE
EASTERL Y LINE THEREOF SOUTH 03°42'56" EAST 30.62 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINS 12,766 SQUARE FEET, MORE OR LESS.
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*******************************************************************************
Design Plus Software/A.C.E.S. 537-6166(800)
JOB NAME.. . ROBBINS JOB CODE.. .0003-109
DATE:09-23-2003 TIME:10:22:31
LOTS----------------------------------------------------207
*******************************************************************************
LOT #/NAME.... .RDESMT
COURSE # BEARING AZIMUTH DISTANCE CORNER NOS
1 N 74/46/47.9 E 74/46/47.9 27.906 1086 --- 1
-------------------------------------------------------------------------------
2 CURVE TO THE LEFT
RADIUS...... 135.000
DELTA. . . . . .. 103/22/28.1
LENGTH. . . . " 243.570 1082 -1081
CHORD....... N 23/05/33.8 E - 211. 852
-------------------------------------------------------------------------------
3 N 28/35/40.2 W 331/24/19.8 11.130 1080 --- 1
-------------------------------------------------------------------------------
4 N 61/24/19.8 E 61/24/19.8 30.000 1061 --- 1
-------------------------------------------------------------------------------
5 S 28/35/40.2 E 151/24/19.8 11.130 1065 --- 1
-------------------------------------------------------------------------------
6 CURVE TO THE LEFT
RADIUS...... 27.000
DELTA....... 70/17/49.5
LENGTH. . . . " 33.127 1079 -1078
CHORD....... S 63/44/35.0 E - 31. 088
-------------------------------------------------------------------------------
7 N 81/06/30.3 E 81/06/30.3 90.840 1077 --- 1
-------------------------------------------------------------------------------
8 S 1/03/01.1 W 181/03/01.1 30.457 1076 --- 1
----------------------------------------------~--------------------------------
9 S 81/06/30.3 W 261/06/30.3 75.310 1075 --- 1
-------------------------------------------------------------------------------
10 CURVE TO THE LEFT
RADIUS. . . . " 27.000
DELTA.. .. ... 84/14/25.0
LENGTH. . . . " 39.697 1074 -1073
CHORD....... S 38/59/17.8 W - 36.217
-------------------------------------------------------------------------------
11 CURVE TO THE RIGHT
RADIUS...... 165.000
DELTA. . . . . " 77/54/42.7
LENGTH. . . . " 224.370 1072 -1081
CHORD....... S 35/49/26.6 W - 207.478
-------------------------------------------------------------------------------
12 S 74/46/47.9 W 254/46/47.9 34.012 1071 --- 1
-------------------------------------------------------------------------------
13 N 3/42/56.3 W 356/17/03.7 30.615 1087 --- 1
---------------------------------------------------------- - ------------
AREA.... 12766 SQ.FT.
AREA...... .293 ACRES
PERIMETER. . .. 882.166 FEET
****************************************************** ********
~,c.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )55
COUNTY OF SAN DIEGO )
00 7"/:;-/03 be!o"m', l""J. ",", P'"'o""'v 'PP",W.rNM';f 8, ~1!LriV:J ,
personall'y «nown to me (or proved to me on the basis of satisfactory evidence) 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.
-'-""'--'-'~""'-'J
LAURA J. HAlL
CommissIon # 1353325
Notary Public - California ~
San Diego County -
My Camm. ~ 1, 2006
~
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons
relying on the document.
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER(S) TITLE(S)
[ ] PARTNER(S) - [ ] LIMITED [ ] GENERAL
[ ] ATTORNEY-IN-FACT
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
~
Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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