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2016-669077 P DOC# 2016-0669077 11111111111 IIIII IIIII IIII Ifllll IIIII IIIII VIII VIII VIII VIII IIII I III Dec 06, 2016 04:03 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER Recording Requested By: FEES: $57.00 City Engineer PAGES: 15 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL AND HYDROMODIFICATION T MANAGEMENT FACILITIES BY HOMEOWNER'S ASSOCIATION APN: 260-430-20-00 1/ Grading Plan: 12894-13/1 260-430-78-00 Case No: 15-294 CDP/TPM THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and Buffalo/Birmingham Investors, LLC. A Delaware Limited Liability Company, its heirs, successors, and assigns, collectively hereinafter referred to as "Developer", owner(s) of that certain real property hereinafter referred to as "Property" that is described in Exhibit "A", which is attached hereto and made a part hereof. This Agreement is for the periodic Maintenance of certain private stormwater treatment, pollution control, and hydromodification management facilities, hereinafter referred to collectively as "Stormwater Facilities". Stormwater Facilities include but are not limited to Best Management Practices (BMPs), Integrated Management Practices (IMPs), Low Impact Development (LID) features, Hydromodification Management Plan (HMP) facilities, structural stormwater treatment devices, and drainage facilities. The description and plat of Stormwater Facilities is set forth in Exhibit "B" which is, attached hereto and made a part hereof. The term Maintenance is defined in Paragraph 1 below. WHEREAS, this Agreement is required by the City as condition of approval of a City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter 23.24 as well as the City of Encinitas Stormwater Manual; and WHEREAS, the Stormwater Facilities described in Exhibit "B" benefit said Property, the developer, and the future owners of the lots/parcels created per Map Case No. 15-294 TPM/CDP, their heirs, successors, and assigns, collectively hereinafter referred to as "Owners"; and WHEREAS, City requires that Developer establish a homeowners association in conformance with the California Civil Code Sections 1350 through 1376, hereinafter referred to as "HOA", to be responsible for the Maintenance of Stormwater Facilities into perpetuity; and WHEREAS, it is the desire of the City, the responsibility of the Owners, HOA, and Developer, herein after collectively referred to as "Parties", and to the benefit of the Public that Maintenance of said Stormwater Facilities occur on a regular and periodic basis as necessary to preserve the Storm Water Facilities in good-working order by the Parties in accordance with the minimum Maintenance requirements set forth in Exhibit "C", which is attached hereto and made a part hereof, and in accordance with the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other related City policies and requirements; and WHEREAS, it is responsibility of the Developer and HOA to manage and oversee Maintenance of Stormwater Facilities and to assign a single point of contact between the City of Encinitas and HOA or Developer; and WHEREAS, Developer's responsibility of Maintenance of Stormwater Facilities will be transferred to HOA after the sale of all lots/parcels, the completion of development, and the approval of the City; and WHEREAS, following Developer's completion of the development and acceptance by the City, the Owners are responsible to continuously have an HOA for purposes of Maintenance of the Stormwater Facilities; and WHEREAS, for the purpose of this agreement, Maintenance responsibilities mentioned on this agreement equally and collectively apply to Owners and the HOA; WHEREAS, it is requirement of development that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the Property into perpetuity; NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1. This agreement establishes the Parties' Maintenance requirements for the Stormwater Facilities. The term "Maintenance" wherever capitalized in this agreement shall include, but shall not be limited to: inspection for purposes of identifying operational deficiencies in the Stormwater Facilities, routine upkeep and repair of the Stormwater Facilities in proper working order as determined by the City, and preparation and submittal of the annual inspection report to the City, all as set forth in subparagraph 1.i) through 1.iii). The Parties' requirements for providing Stormwater Facilities Maintenance as stated in this agreement shall mean Maintenance managed and paid for by the Parties, and performed by a qualified contractor hired by the Parties. i) The Parties shall inspect the Stormwater Facilities after all major storms. In addition, the Parties shall inspect the Stormwater Facilities at the minimum frequency specified in Exhibit "C", but not less than twice per year. ii) The Parties shall provide upkeep and repair to keep the Stormwater Facilities in good working order and shall repair all deficiencies identified in the Parties' inspections no later than 30 days following the inspection or prior to the next anticipated rain event. Interim water quality control measures shall be utilized to protect damaged or deficient Stormwater Facilities until such time as the Facilities are repaired. The minimum upkeep and repair frequency shall be consistent with the Exhibit "C" but not less than once per year. To the satisfaction of the Director of Engineering Services, the Parties shall ensure that the Stormwater Facilities are in proper working order for the rainy season, which starts on October 1. iii) The Parties shall obtain the City of Encinitas Stormwater Inspection Report form from the City website or the City of Encinitas Civic Center, complete the inspection report form, and submit the inspection report to the City of Encinitas Department of Engineering Services. Prior to the submittal of the inspection report to the City, the Parties shall perform an inspection of the Stormwater Facilities, identify deficiencies, and repair and correct all deficiencies. The inspection report shall be submitted to the City once a year between August 1 and September 30. 2. The Property is benefited by this Agreement, and 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. Any heirs, executors, administrators, assignees, and/or successors in interest to all or any portion of the Property, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become expressly 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 14 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. 3. The Stormwater Facilities shall be constructed by and have Maintenance performed by the Parties in accordance with the term and conditions of this agreement and the plans and specifications identified in approved Grading Plan Number 12894-G/I which is on file as a permanent public record in the City of Encinitas. 4. The cost and expense of the Maintenance of the Stormwater Facilities shall be paid by the Parties. The Parties' share of Stormwater Facilities Maintenance costs is proportional to number of lots/parcels that Owners and Developer own as a fraction of the total number of lots/parcels in the Property using and benefiting from the Stormwater Facilities but excluding common ownership lots/parcels. 5. In the event the Property is subdivided in future, the owners, heirs, assigns, and successors in interest of each such newly created parcel(s) shall be included in the existing HOA and be liable under this Agreement and with the HOA for their then pro rata share of expenses reflecting such newly created parcels. 6. The Maintenance to be performed under this Agreement shall include upkeep, repair, and improvements to adequately ensure the Stormwater Facilities are in proper working order as determined by the City. Upkeep, repair, and improvements under this Agreement shall include, but are not limited to, repairing access roadbeds; repairing, preserving, and providing improvement for the upkeep of drainage structures; removing debris, sediment, oil, grease, and other pollutants as determined by the City; perpetually preserving adequate groundcover and/or other erosion control measures within the Property in order to prevent erosion; and the management of materials, pollutants, and hazardous waste to prevent pollution of the stormwater system or Municipal Separate Stormwater Sewer System (MS4) as referenced in local and State codes. Upkeep, repair, and improvement shall also include other work necessary to repair and preserve the Stormwater Facilities for their intended purposes as well as the restoration of the Stormwater Facilities following any non-permitted modification. The restoration shall be as required to restore the Stormwater Facilities to the condition existing prior to damage or alteration. 7. Developer, Owners, and HOA are collectively responsible to the City for Maintenance of Stormwater Facilities so long as either Developer or Owners own any lots/parcels. Developer remains responsible for Maintenance of Stormwater Facilities until such Facilities have been approved by the City, even if Developer no longer owns any lots/parcels of the Property. 8. Upon establishment of an HOA and a management company to manage the maintenance of the stormwater facilities, the Developer must notify the City of the contact information for the HOA and management company within thirty(30) days. At a minimum, contact information for HOA and management company shall include: organization name, mailing address, email address, phone number, contract person, contact person's phone number, and email address. The above information must be provided to the City prior to occupancy of the first unit (model home occupancy may be exempt from this requirement). If the Developer is the acting HOA manager at the time of occupancy, the Developer's current contact information shall be provided in lieu of the management company information. Any future changes in HOA or management company contact information shall be provided to the City within thirty (30) days of the change being made. Contact information shall be provided in writing to the following address (or current City of Encinitas, Civic Center address): City of Encinitas Stormwater Division 505 S Vulcan Ave Encinitas, CA 92024 9. Any liability of the Parties for personal injury to any worker employed to provide Maintenance under this Agreement, or to third persons, as well as any liability of the Parties for damage to the property of any third persons, as a result of or arising out of Maintenance under this Agreement, shall be borne by the Parties. 10. Parties shall jointly and severally defend, indemnify, and hold harmless City, City's engineer, 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 any contractor, any subcontractor, any user of the Stormwater Facilities, or to any other third persons arising out of or in any way related to the use, Maintenance, or the failure to provide Maintenance of the Stormwater Facilities. This Agreement imposes no liability of any kind whatsoever on the City and the Parties agree to hold the City harmless from any liability in the event the Stormwater Facilities fail to operate property. 11. Nothing in this Agreement, the specifications, other contract documents, the City's approval of the plans and specifications, or the City's inspection of the work constitutes an acknowledgement of any City responsibility for any such item or the material contained therein, and the City, City's engineer, its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 12. The Parties shall provide access to the Stormwater Facilities within the Property to the City's inspectors, employees, agents, and contractors within 48 hours of receipt of a written notification by the City. The access shall be provided unconditionally and without any obstruction, interference, or hazard. Any animals kept on the Property shall be secured outside of the area subject to the City's inspection. 13. The Parties hereby grant permission to the City, its authorized agents, and its employees, to enter upon the Property and to inspect the Stormwater Facilities following a 48-hour notice whenever the City deems necessary. The purpose of inspection is to evaluate the condition and performance of the Stormwater Facilities, to follow-up on reported deficiencies, to respond to citizen complaints, and/or to comply with State and City requirements for City inspection of such facilities. The City shall provide the Owner, with copies of the inspection findings and a directive to commence with any repairs deemed necessary. 14. In the event the Parties fail to preserve the Stormwater Facilities in good working condition as determined by the City Engineer, the City, its agents, employees, or its contractors, may enter upon the Property and take the steps deemed necessary to correct deficiencies and shall charge the costs of such repairs to the Parties. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds for attorney's fees, administrative costs, contractors, employees, consultants, materials, or other costs in the performance of said work, the Owner shall reimburse the City. Such reimbursement shall be due within thirty (30) days of receipt of a notification for all costs incurred by the City, including any administrative costs and attorney's fees. If said funds are not paid by the Parties within (30) days, City reserves the right to take legal action for cost recovery and to file with the County Recorder of San Diego County an assessment lien on the Property. It is expressly understood and agreed that the City is under no obligation to perform Maintenance of said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 15. The terms of this Agreement may be amended in writing following the Parties request and upon written approval by the City Engineer. 16. 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. IN WITNESS HEREOF, the Parties have executed this Agreement. OWNE Brad Termini, Manager Date Buffalo/Birmingham Investors, LLC. Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF EENCINITAS: / V ./V, CI` 11 130 / Masih Maher Date Sen)o/ EN "%ee ita / City of Encins CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF 7S� Q } On h' ((L)' ( I—,o before me, L Notary Public, Date (here insert name and title of the officer) personally appeared /{ �A(� 2, t' fY\ to 1 — who 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. 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. AMANDA L. MILLER .� Commission#2026954 Z Notary Public-California z San Diego County My Comm.Expires Jun 14,20171 SignatuT : � (Seal) OPTIONAL Description of Attached Document 1�1tr c`1 . P R n Q 1 t h Title or Type of Document:en YC�l % lWV.L Tr�l n,t,t"1�umber of Pages: Document Date: Other: 2015 Aoostille Service 707-992-5551 www.CalifomiaAl2ostille.us California Mobile Notate Network www CAMNN corn EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE NO: 02-061 AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 2, 2003 AS INSTRUMENT NO: 2003-1069344 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23,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 UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1888, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 010 04' 01" WEST(SOUTH 00 21' 21" WEST RECORD PER RECORD OF SURVEY MAP NO. 1705 RECORDED JANUARY 19, 1948 AS F/P 5346 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY) 654.11 FEET; THENCE NORTH 89°42' 18" WEST, 318.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 890 42' 18" WEST, 327.72 FEET TO THE EASTERLY LINE OF THE WESTERLY 19.00 FEET OF SAID HALF PER FINAL ORDER OF CONDEMNATION RECORDED APRIL 25, 1977 AS F/P 77-152884 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 010 13' 19" EAST, 584.45 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 04' 24", AN ARC DISTANCE OF 31.09 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 50.00 FEET OF SAID EAST HALF,THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 890 42' 18"WEST, 38.68 FEET TO THE WESTERLY LINE OF SAID EAST HALF; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 010 13' 19" EAST, 50.01 FEET TO THE NORTHWEST CORNER OF SAID HALF;THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID HALF SOUTH 890 42' 18" EAST, 344.96 FEET;THENCE SOUTH 011 04' 01" WEST, 654.11 FEET TO THE TRUE POINT OF BEGINNING. APN: 260-430-20-00 and 260-430-78-00 STORM WATER MAINTENNACE AGREEMENT EXHIBIT'B-1' BUFFALO/BIRMINGHAM INVESTORS LLC 700 SECOND STREET ENCINITAS CA 92024 I - 85B-558-3650 Ei MI CH M OR P Qt 0 SITE ADDRESS 1231 BIRMINGHAM DRIVE -11 EPoCINITAS CA 92024 - o APPt 260-430-20 6 260-430-78 Vol ZI� I LEGAL DESCR PTION VICINITY MAP PARCEL B AS SHOWN ON CERTIFICATE OF NOT TO SCALE COM°LIAAGE ha 02-061 AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER P, 2003 AS INSTRLHENT NO' 2003-1069344 OF O.R. 0.9' FREEBOARD dt CONVEYANCE 3' X 3' OUTLET STRUCTURE 12' MIN DROUGHT TOLERANT FG BIORETENTION BASIN PONDINE GROUNDCOVER PLANTINGS 2 - - _ 180 MIN. ENGINEERED SOIL SEE NOTE BELOW 15'-3/4'ROCK K CRUSHED MIN 3' AGGREGATE BELOW UNDERORAIN 6' PERFORATED PIPE Of 160 PVC OUTLET PIPE PERFORATIONS AT INVENT NOTE: ENGINEERED SOIL LAYER SHALL BE MINIMUM 18' DEEP PER COUNTY OF SAN DIEGO LOW IMPACT DEVELOPMENT HANDBOOK.' APPENDIX G - BIORETENRON SOIL SPECIRCARON. BIORETENTION DETAIL NOT TO SCALE STORM WATER MAINTENNACEAGREEMENT EXHIBITS-2' BIRMINGHAM DRIVE I I , a I I W -- 2 / O II I I--� ---� i PROJECT SITE I a I � I Lr APN: I I 260430-20& N 26043078 , Y 1�\ HOA MAIWTAMM WMii ENTIQN BASIN MOT TO BE MODIFIED WIMff PERMIMIG4 FRAM THE CITY OF ENCINITAS AREA - 2.776 SF (2,415 SF MIM SCALE: 1'=W EXHIBIT `C' MINIMUM MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES Bioretention Areas To preserve bioretention performance, the cells must be maintained. Like any landscape feature,bioretention areas must be pruned, mulched, and even initially watered and limed. Grassed bioretention cells are usually mowed. The need for rapid establishment requires bioretention cells to be limed, if indicated by a soil test. Additionally, plants may need to be spot-fertilized to ensure growth and survival in low P soils. Watering the plants every 2 to 3 days for a month or two helps ensure vegetation survival. The frequency of these tasks varies seasonally, with more frequent maintenance required in summer than in winter. Maintenance tasks unique to bioretention include occasional removal of mulch and the top layer of fill soil. Because clogging occurs most frequently at the top of the soil column,the bioretention basin rarely needs to be completely excavated. However, this has been necessary when the bioretention cell was located in an unstable drainage area. BIORETENTION MAINTENANCE TASKS Task Frequency Maintenance Notes Pruning 1 - 2 times /year Nutrients in runoff often cause bioretention vegetation to flourish. Mowing 2 - 12 times /year Frequency depends upon location and desired aesthetic appeal Mulch accumulation reduces available Mulching I - 2 times/year water storage volume. Mulch Removal 1 time/2 - 3 years Removal of mulch also increases surface infiltration rate of fill soil. 1 time/2 - 3 days for first If droughty, watering after the Watering I - 2 months. Sporadically initial year may be required. after establishment. One time spot fertilization for"first Fertilization 1 time initial) ear" vegetation. Within the first year, 10 percent of Remove and Replace 1 time /year plants may die. Dead Plants Survival rates increase with time. Tasks include trash collection, spot Miscellaneous weeding, and removing mulch from Upkeep 12 times/year overflow device. Bioretention and Landscape Areas The operational and maintenance needs of a Bioretention Basin are: • Vegetation management to maintain adequate hydraulic functioning and to limit habitat for disease-carrying animals. • Animal and vector control. • Periodic sediment removal to optimize performance. • Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction of a Swale and monitoring equipment. • Erosion and structural maintenance to prevent the loss of soil and maintain the performance of the Swale. Functional Maintenance Functional maintenance has two components: Preventive maintenance Corrective maintenance Preventive Maintenance Preventive maintenance activities to be instituted at a Bioretention Basin are: • Trash and Debris. During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet structures and other components from becoming clogged and inoperable during storm events. • Sediment Removal. Sediment accumulation, as part of the operation and maintenance program at a Swale, will be monitored once a month during the dry season, after every large storm (0.50 inch), and monthly during the wet season. Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i.e., within ten working days) will be taken to restore the Swale to design performance standards. Removal of Standing Water. Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. • Fertilization and Irrigation. The vegetation seed mix has been designed so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to maintain the vegetation. • Elimination of Mosquito Breeding Habitats. The most effective mosquito control program is one that eliminates potential breeding habitats. Corrective Maintenance Corrective maintenance is required on an emergency or non-routine basis to correct problems and to restore the intended operation and safe function of a Bioretention Basin. Corrective maintenance activities include: • Removal of Debris and Sediment. Sediment, debris, and trash, which impede the hydraulic functioning of a Swale and prevent vegetative growth, will be removed and properly disposed. • Structural Repairs. Once deemed necessary, repairs to structural components of a Swale and its inlet and outlet structures will be done within 10 working days. • Embankment and Slope Repairs. Once deemed necessary, damage to the embankments and slopes of Swales will be repaired within 10 working days). • Erosion Repair. Where a reseeding program has been ineffective, or where other factors have created erosive conditions (i.e., pedestrian traffic, concentrated flow, etc.), corrective steps will be taken to prevent loss of soil and any subsequent danger to the performance of a Swale. There are a number of corrective actions than can be taken. These include erosion control blankets, riprap. Hazardous Waste Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous wastes generated onsite will be handled and disposed of according to applicable local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria list in the CCR, Title 22, Article 11. Storm Water Storage System • Periodic inspections of the inlet and outlet areas to ascertain correct operation of system and to clean materials trapped on grates protecting catch basins and inlet area should be required monthly. o Routine sweeping and cleaning of impervious drainage areas will reduce floatables and sediment loading to underground stormwater storage. • The primary maintenance concerns are removal of floatables that become trapped and removal of accumulating sediments within the system; this should be done at least on an annual basis. Proprietary traps and filters associated with stormwater storage units should be maintained as recommended by the manufacturer. • Confined space safety procedures must be followed by workers entering an underground stormwater storage facility. • Sediments are best removed mechanically rather than flushing. If flushing is the only option then great care must be taken not to flush sediments downstream into native waters. • Any structural repairs required to inlet and outlet areas should be addressed in a timely manner on an as needed basis. • Local authorities may require annual inspection or require that they carry out inspections and maintenance. ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l } County of Sam �l �-AG ))) SS. On ii — Z0) L before me, PW)(AE(6c �( 01 C,Y ) , Notary Public. D:1TE personally appeared &_s CLk'21 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s/ re subscribed the within instrument and ackn Jedged to me that e she/they executed the sarr M ii her/their authorized capacity(ies), and that by I }her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ANGELA A. SIMGN persons) acted, executed the instrument. N COMM.t 2009314 • NOTARY PUBLIC CALIFORNIA U) I certify under PENALTY OF PERJURN'under the SAN DIEGO COUNTY � my COMM Exp MAR 2,2017 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NO"rdRY SCAL.ISABOAi }P:A(I N01 AR1 S SIC,N IL,RE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL.) DESCRIPTION OFATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUxIENT ❑ PARTNER(S) nTUOS ❑ ATTORNEY-IN-FACT NUNIBER OF P.%GES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DAT E OF DOCUxIENT ❑ OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT THUMBPRINT NN]IE OF PERSONISI OR ENTITY IFS, = OF SIGNER - k\NlL \P\101 1015 NOT\R,B0 \11I SLPPI.11 S AWl')RVIS VI fITTP RVAR Vl1.L 1.1-SIIBN\.(uAI _ _-nl5 b:ALLP} SI1-RR.A1ASi