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HomeMy WebLinkAboutItem 5c. Mills Act Historical Property Preservation Agreement for The Brecheen House (1133 Pismo St., HIST-0211-2024) Item 5c Department: Community Development Cost Center: 4003 For Agenda of: 8/26/2024 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: APPROVE A MILLS ACT HISTORICAL PROPERTY PRESERVATION AGREEMENT FOR THE BRECHEEN HOUSE AT 1133 PISMO STREET (HIST-0211-2024) RECOMMENDATION Adopt a Draft Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Historic Property Preservation Agreement between the City and the owner of the Brecheen House at 1133 Pismo Street (Application No. HIST - 0211-2024).” POLICY CONTEXT The recommended action on this item is supported by historical preservation policies set out in § 3.0 of the Conservation and Open Space Element of the City’s General Plan, particularly Program 3.6.2 regarding participation in financial incentive programs to encourage maintenance and restoration of historic properties, and also with the purpose of encouraging private stewardship of historic buildings through incentives, as provided by Section 14.01.010 (B)(3) of the City’s Historic Preservation Ordinance. DISCUSSION The owners of the Brecheen House at 1133 Pismo Street (Figure 1) submitted an application to enter into a Mills Act Historical Property Preservation Agreement with the City (see Request Letter, Attachment C, and Draft Agreement, Attachment B). The property is located in the Old Town Historic District, is developed with a single-family dwelling built in 1907, and was designated as a Master List Resource in the City's Inventory of Historic Resources adopted by the City Figure 1: The Brecheen House (1133 Pismo) Page 19 of 403 Item 5c Council on November 15, 2022, (Resolution 11372) based on the Architectural Criteria for Style and Design set out in the City’s Historic Preservation Ordinance. As described in an evaluation of the property’s historical significance, prepared by James Papp, PhD, the building's architectural style is described as "the purest distillation of the planar, linear, curvilinear, and minimalist ideals of the Streamline Colonial architectural type in San Luis Obispo." 1 It features an asymmetric unenclosed porch with a single Tuscan column, a low-pitched bell-cast roof, and geometric fenestration design, and is associated with Thomas Brecheen, teacher, principal, and Board of Education president, and his wife May Miller Brecheen, who occupied the home between 1907 and 1909. The Mills Act Program The Mills Act Program is a property tax reduction program for protection of cultural resources that encourages their maintenance and restoration (§ 3.6.2 of the General Plan Conservation and Open Space Element). Participation in the program is limited to Master List Resources; the most unique and important historic resources in terms of age, architectural or historical significance, rarity, or association with important persons or events in the City’s past (HPO § 14.01.050 (A)). Currently, there are 65 properties participating in the program, with the last request (for the Call Hotel at 1703 Santa Barbara) approved by the Council in May, 2023. Under the Mills Act Program, the City and owners of a Master List Resource enter into an historical property contract under which the owners agree to restore, maintain, and protect the property in accordance with historical preservation standards. Specific improvements and repairs that the owners agree to make are outlined in the agreement; in this instance, these improvements and repairs are provided in Exhibit A of Attachment B to this report. Owners may qualify for property tax relief, potentially realizing tax savings of between 40% and 60% per year. A Mills Act Contract has a minimum term of ten years, and is extended annually for an additional year until either the City or the owner, by written notice, decides not to renew the contract. Previous Council or Advisory Body Action On June 24, 2024, the Cultural Heritage Committee reviewed this application for participation in the Mills Act Historic Preservation Program, and the terms of the draft preservation contract, and by a vote of 4-0-3 (three Commissioners absent), recommended that the Council approve the contract. Public Engagement Public notice of this hearing has been provided to owners and occupants of property near the subject site and published in The New Times and posted on the City’s website. The agendas for this meeting have been posted at City Hall and online, consistent with adopted notification procedures for development projects. 1 James Papp, PhD. (March 2022) Master List Application. Included in November 15, 2022 City Council Agenda Packet, available in the City archive at: opengov.slocity.org/WebLink/DocView.aspx?id=170241 Page 20 of 403 Item 5c ENVIRONMENTAL REVIEW Entering into a “Mills Act Contract” with the owners of historical property is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a project as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of the Mills Act is a government fiscal activity which does not involve commitment to any specific project resulting in a potentially significant physical impact on the environment CEQA Guidelines § 15378 (b)(4)). FISCAL IMPACT Budgeted: No Budget Year: 2024-2025 Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A $ $ $ State Federal Fees Other: Total $ $ 0 $ $ 0 After the Mills Act contract is recorded, the County Assessor values the property by an income capitalization method, following guidelines provided by the State Board of Equalization. Because of the timing and the method of valuing the restricted property, it is difficult to accurately estimate the tax savings and resulting fiscal impacts to the City under a particular historical property contract. However, the Office of Historic Preservation California Department of Parks and Recreation) estimates that property owners participating in the program may realize property tax savings of between 40% and 60% each year for newly improved or purchased older properties. The City’s property tax revenue will be reduced accordingly. ALTERNATIVES 1. Decline to enter into a Mills Act Historical Property Contract with the property owner. This alternative is not recommended. As described in Program 3.6.2 (Financial assistance and incentives) of the Conservation and Open Space Element of the City’s General Plan, the City participates in financial assistance programs that encourage maintenance and restoration of historic properties. The subject property, as a Master List Resource, is eligible to participate in the Mills Act program, and the contract provides a tax relief incentive for this purpose. 2. Continue consideration of the request to a future date for additional information or discussion. Page 21 of 403 Item 5c ATTACHMENTS A - Draft Resolution approving a Mills Act Contract for 1133 Pismo Street B - Draft Historic Property Preservation Agreement (HIST-0211-2024) C - Applicant Request Letter (HIST-0211-2024) Page 22 of 403 RESOLUTION NO. ____ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY AND THE OWNERS OF THE BRECHEEN HOUSE AT 1133 PISMO STREET (APPLICATION NO. HIST-0211-2024) WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an ongoing historic preservation program to promote the preservation, maintenance , and rehabilitation of historic resources through financial incentives; and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as a historic resource of the City of San Luis Obispo pursuant to the policies in the City’s Historic Preservation Program Guidelines; and WHEREAS, Christopher David Frago and Heidi A Howland-Frago are the owners of that certain qualified real property, together with associated st ructures and improvement thereon, located on Assessor’s Parcel Number 003-545-004, located at 1133 Pismo Street, in the City of San Luis Obispo, California, also described as The Brecheen House; and WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into an agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character-defining features are preserved and maintained in an exemplary manner, and repairs and improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 24, 2024, for the purpose of reviewing the proposed historic property preservation agreement, and recommended that the City enter into the agreement; and Page 23 of 403 Resolution No. _____ (2024 Series) Page 2 R ______ WHEREAS, the City Council held a public meeting in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 20, 2024, for the purpose of considering approval of the historic property preservation agreement, and has duly considered all evidence, including the record of the Cultural Heritage Committee hearing and recommendation, testimony of the applicant and interested parties, and the evaluation and recommendation by staff, present at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) Conservation and Open Space Element Program 3.6.2 states that the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. b) The Brecheen House, located at 1133 Pismo Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property by the City Council on November 15th, 2022 (Resolution 11372). As such, maintaining the structure will meet the City’s goa ls for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined in California Environmental Quality Act Guidelines § 15378, and are not subject to environmental review. SECTION 3. Historic Property Preservation Agreement Approved. The City Council hereby approves the “Historic Property Preservation Agreement between the City of San Luis Obispo and the Owners of the Historic Property Located at 1133 Pismo Street,” to be entered into by the City and the property owner s, Christopher David Frago and Heidi A Howland-Frago, attached hereto as “Exhibit A.” SECTION 4. Community Development Director Authorized to Sign Agreement for City. The City Council hereby authorizes the Community Development Director to execute said agreement on behalf of the Council of the City of San Luis Obispo. Page 24 of 403 Resolution No. _____ (2024 Series) Page 3 R ______ SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties enter into said agreement, the City Clerk shall cause the agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. On motion of Council Member ______________, seconded by Council Member _______________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this ________ day of _________ 2024. ___________________________ Mayor Erica A. Stewart ATTEST: ________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 25 of 403 Page 26 of 403 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC PROPERTY LOCATED AT 1133 PISMO STREET, IN THE CITY AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of _________________, 2024, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and Christopher David Frago and Heidi A Howland-Frago (hereinafter referred to as “Owners”), and collectively referred to as the “parties.” Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance, and improvements measures described in “Exhibit A” attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non-renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as “annual renewal date”), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. b. If the Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. c. The Owners may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owners of nonrenewal. d. If either the City or the Owners serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: Page 27 of 403 Historic Preservation Agreement 1133 Pismo Street Page 2 a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the building and its character-defining features, including: the building’s general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building’s historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building’s exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. b. The building’s interior closely relates to the property’s eligibility as a qualified historic property. The Owners agree to allow pre-arranged tours on a limited basis, to the approval of the Community Development Director or his designee. c. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such wood details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. d. The Community Development Director shall be notified by the Owners of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owners agree to secure all necessary City approvals and/or permits prior to changing the building’s use or commencing construction work. e. Owners agree that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. f. The following are prohibited: demolition or partial demolition of the historic building; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure, or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance, and design as determined by the Community Development Director. g. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the owners’ compliance with the terms and provisions of this agreement. Page 28 of 403 Historic Preservation Agreement 1133 Pismo Street Page 3 Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly-noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owners have breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owners have failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 ½% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. b. If the historic building is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the ag reement by the Owners, the City shall give written notice of violation to the Owners by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owners if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City’s regulations governing Page 29 of 403 Historic Preservation Agreement 1133 Pismo Street Page 4 historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building located at 1133 Pismo Street, San Luis Obispo, California, Assessors Parcel Number 003-545-004, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners’ successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: Christopher David Frago Heidi A. Howland-Frago 1133 Pismo St San Luis Obispo CA 93401 Section 10. General Provisions. a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owners, or from Page 30 of 403 Historic Preservation Agreement 1133 Pismo Street Page 5 those of their contractor, subcontractor, agent, employee, or other person acting on the Owners’ behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owners’ activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. g. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owners; however, the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. Page 31 of 403 Historic Preservation Agreement 1133 Pismo Street Page 6 IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and year written above. OWNERS ____________________________________ ______________________________ Christopher David Frago Date ____________________________________ ______________________________ Heidi A. Howland-Frago Date CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Mayor Erica A. Stewart Date ATTEST: ____________________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: ____________________________________ J. Christine Dietrick, City Attorney ALL SIGNATURES MUST BE NOTARIZED Page 32 of 403 Historic Preservation Agreement 1133 Pismo Street Page 7 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR THE BRECHEEN HOUSE LOCATED AT 1133 PISMO STREET, SAN LUIS OBISPO, CALIFORNIA 1. Owners shall preserve, maintain, and repair the historic building, including its character- defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 1133 Pismo Street. Character-defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owners agree to make the following improvements and/or repairs during the term of this contract but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s Standards for the Treatment of Historic Properties:  Repair of dry rot damage to wood materials  Replacement of roofing materials  Interior and exterior painting  Maintenance of windows and window features  Foundation improvements  General maintenance and upkeep OWNERS ____________________________________ ______________________________ Christopher David Frago Date ____________________________________ ______________________________ Heidi A. Howland-Frago Date Page 33 of 403 Historic Preservation Agreement 1133 Pismo Street Page 8 State of California } County of San Luis Obispo } On _____________ , before me, _______________________________, notary public, Date Name and Title of the Officer personally appeared Name of Signer(s) 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/ 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 _____________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On _____________ , before me, _______________________________, notary public, Date Name and Title of the Officer Personally appeared Name of Signer(s) 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/ 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 _____________________________ Signature of Notary Public Place Notary Seal Above 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. 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. Page 34 of 403 Page 35 of 403 Page 36 of 403