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HomeMy WebLinkAboutItem 4 - HIST-1615-2018 (890 Osos)Meeting Date: July 23, 2018 Item Number: 4 CULTURAL HERITAGE COMMITTEE AGENDA REPORT SUBJECT: Review of a Mills Act Historic Preservation Agreement for the Master List historic Teass House. ADDRESS: 890 Osos Street BY: Walter Oetzell, Assistant Planner Phone: 781-7593 FILE #: HIST-1615-2018 E-mail: woetzell@slocity.org FROM: Brian Leveille, Senior Planner 1.0 RECOMMENDATION Forward a recommendation to the City Council to approve the applicant’s request to be a part of the Mills Act Historic Preservation program. 2.0 SITE DATA Applicant and Property Owner Vintage Properties General Plan Office Zoning Office, Historical Preservation (O-H) Site Area 10,500 sq. ft. Historic Status Master List Resource: Teass House Downtown Historic District Environmental Status Categorically Exempt (CEQA Guidelines §15378) 3.0 BACKGROUND The owners of the Teass House at 890 Osos have submitted an application to enter into a Mills Act historic preservation agreement with the City. The draft Mills Act contract is being referred to the Cultural Heritage Committee (CHC) for a recommendation prior to Council action.1 1 As described in § 14.01.030 (B)(8) of the City’s Historic Preservation Ordinance Packet Page 94 HIST-1615-2018 (890 Osos) Page 2 4.0 DISCUSSION 4.1 Site and Setting The property is a 10,500 square-foot parcel at the northeast corner of Osos and Palm Streets, across from City Hall. The neighborhood is characterized by a mixture of single- and multi-family residences, commercial offices, and civic buildings. It is at the northern edge of the Downtown Historic District, and adjacent (across the street) to City Hall and the Old County Courthouse Building, both Master List Historic Resources, and to 1014 and 1020 Palm, both Contributing List Historic Resources. The Teass House was built as a combined residence and office in 1929 for Dr. Chester J. Teass, a former army physician who helped build the new General Hospital in the City. City records2 describe the architectural style as Mediterranean, designed by the architectural firm of Abrahms and Simms of Santa Barbara, with Theo Maino as builder (see Attachment 6). It is two-stories in height, and currently serves as commercial office space. The property appears to be in very good condition (see property photographs, Attachment 7). 5.0 MILLS ACT AGREEMENTS Historic preservation is an important goal, as stated in the Conservation and Open Space Element (COSE) of the City’s General Plan, and the Mills Act Program is one of the programs the City uses to achieve this goal.3 It is one of the most effective preservation tools available, providing a financial incentive to encourage preservation of heritage properties. Participation in the program is limited to properties on the Master List of Historic Resources. Currently, 55 historic properties participate in this program, with the last request approved by the Council in April 2017. The program allows the City to enter into a historic preservation agreement (a “Mills Act Contract”) with owners of historic properties, who agree to use the Mills Act tax savings for preservation, maintenance, and improvements of the historic property. These savings are an incentive to undertake improvements and maintenance of historic properties and are intended to provide for their long-term preservation. Improvements made to the property under the agreement must be consistent with applicable Secretary of Interior Standards as well as historical preservation standards and guidelines. Historic Property Preservation Agreements are prepared using standard language provided by the State Historic Preservation Office, conforming to the Mills Act (Govt. Code §§ 50280 – 50290). They only differ substantively in the description of the historic property and the maintenance and 2 Historic Resources Inventory form; CDD historic property record (“yellow file”) for 890 Osos 3 COSE § 3.2 and § 3.6.2 Figure 1: Teass House Packet Page 95 HIST-1615-2018 (890 Osos) Page 3 improvement programs planned by the property owner (Exhibit A of the agreement). Standard features of the contracts include: ▪Assessment of the value of the historic property by County Assessor using a “Capitalization of Income” method, which can result in significant property tax savings. If the contract is canceled, the assessment is gradually increased to market value basis over the remaining ten-year contract term. ▪A commitment by the property owner to preserve the building and to use the tax savings to maintain and improve it and preserve and enhance its historical value, exterior appearance, structural condition, and longevity. Each agreement includes an exhibit listing the maintenance and improvement measures to which the tax savings will be applied. ▪The agreement is recorded, and is binding on subsequent owners, heirs, or assigns until the agreement is canceled. There is a significant financial penalty if the agreement is cancelled due to breach of performance. ▪Agreements have a minimum 10-year term and the agreement “self-renews” annually for additional 10-year terms, so 10 years always remains on the contract until the owner or the City decides not to renew it. Once written notice of cancellation is given, the agreement will remain in effect for the balance of the remaining ten-year term. The agreement may be amended by mutual consent of the City and property owner. ▪The structure may be altered under the contract; however, alterations must comply with all City requirements and with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, with the guiding objective being the long-term preservation of the building’s original historical character and significance. 6.0 PROPOSED IMPROVEMENTS Several improvements and maintenance items have been identified by the applicant (see Attachment 4) as having already been completed, along with a few items identified for completion under the terms of the proposed preservation agreement for this property. Condition 4 (d) of the agreement requires that the Community Development Director be notified before any work is carried out that would change character-defining features, such as windows, major landscaping projects, door or window replacements, repainting, other exterior alterations, or remodeling. Condition 4 (c) requires the work to be carried out in compliance with applicable plans, regulations, and guidelines, including the City’s historic preservation policies and the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Future proposed improvements which are most relevant to the preservation of the historic character of the property have been included in Exhibit A of the proposed agreement (Attachment 5) and are summarized below: ▪Refurbishing of much of the roofing, including clay tiles ▪Replacement of windows (where not possible to repair) ▪Repainting of building exterior ▪Repair of water leaks into the basement Packet Page 96 HIST-1615-2018 (890 Osos) Page 4 7.0 ENVIRONMENTAL REVIEW Entering into a “Mills Act Contract” with the owners of historic 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 (Guidelines § 15378 (b) (4)). 8.0 ALTERNATIVES 1.Continue consideration of the request with direction to the applicant and staff. 2.Recommend to the City Council that the City not enter into the proposed Historic Property Preservation Agreement, based on findings of inconsistency with the General Plan, Historic Preservation Ordinance, or Historic Preservation Program Guidelines. 9.0 ATTACHMENTS 1.Draft Resolution 2.Vicinity Map 3.Request Letter 4.List of Improvements 5.Historic Property Preservation Agreement (Draft) 6.Historic Resources Inventory Form 7.Property photographs 8.Certificates and Letters of Recognition Packet Page 97 RESOLUTION NO. CHC-XXXX-18 A RESOLUTION OF THE SAN LUIS OBISPO CULTURAL HERITAGE COMMITTEE, RECOMMENDING THE CITY COUNCIL APPROVE A HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE MASTER LIST TEASS HOUSE LOCATED AT 890 OSOS STREET WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on-going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, Vintage Properties is the owner (“Owner”) of real property at 890 Osos Street, in the City of San Luis Obispo; 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, the City and Owner, for their mutual benefit, now desire to enter into this 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/or 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. WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on July 23, for the purpose of reviewing the proposed historic property preservation agreement; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Cultural Heritage Committee has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the Cultural Heritage Committee of the City of San Luis Obispo as follows: ATTACHMENT 1 Packet Page 98 Resolution No. CHC-XXXX-18 HIST-1615-2018 (890 Osos) Page 2 Section 1. Findings. 1. 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. 2. The Teass House, located at 890 Osos Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City’s goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. Section 2. Environmental Review. The above actions do not constitute a project, as defined in § 15378 of the California Environmental Quality Act and are exempt from environmental review. Section 3. Action. The Committee hereby recommends approval of application HIST-1615-2018, allowing the City to enter into a Mills Act Historic Preservation Agreement. On motion by Committee Member _______, seconded by Committee Member _______, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 23rd day of July 2018. _____________________________ Brian Leveille, Secretary Cultural Heritage Committee ATTACHMENT 1 Packet Page 99 O O PF-H PF-H O-H C-D-H O PF PALMO S O SMILL VICINITY MAP HIST-1615-2018890 Osos ¯ ATTACHMENT 2 Packet Page 100 ATTACHMENT 3 Packet Page 101 ATTACHMENT 3 Packet Page 102 ATTACHMENT 4 Packet Page 103 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC PROPERTY LOCATED AT 890 OSOS STREET, IN THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of ________ , 2018, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and Vintage Properties (hereinafter referred to as “Owner”), and collectively referred to as the “parties.” WHEREAS, Owner is the owner of that certain real property commonly known as 890 Osos Street (APN 002-323-012), and legally described as shown in the attached “Exhibit B” (“Owner’s Property”); and WHEREAS, Owner has agreed to enter into an Historic Property Preservation Agreement with the City for the preservation, maintenance, restoration, or rehabilitation of Owner’s Property, an historic resource within the City; NOW, THEREFORE, in consideration of the above recitals and in further consideration of the mutual benefits, promises, and agreements set out herein, the parties agree as follows: Section 1. Description of Preservation Measures. The Owner, his heirs, or assigns hereby agree to undertake and complete, at his 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 non-renewal is served as provided herein. b. If the Owner or the City desire in any year not to renew the agreement, the Owner or the City shall serve written notice of non-renewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner 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. ATTACHMENT 5 Packet Page 104 Historic Property Preservation Agreement 890 Osos Street Page 2 c. The Owner 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 Owner of non-renewal. d. If either the City or the Owner serves notice to the other party of non-renewal 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: a. Owner agrees 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. 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 as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. c. The Community Development Director shall be notified by the Owner 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 Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s use or commencing construction work. d. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. e. 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 ATTACHMENT 5 Packet Page 105 Historic Property Preservation Agreement 890 Osos Street Page 3 historic character, significance, and design as determined by the Community Development Director. f. Owner 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 owner’s compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees 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 Owner has 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 Owner has 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 Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner 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 agreement by the Owner, the City shall give written notice of violation to the Owner 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 Owner); ATTACHMENT 5 Packet Page 106 Historic Property Preservation Agreement 890 Osos Street Page 4 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 Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner 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 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 Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic building located at 890 Osos Street, San Luis Obispo, California, Assessor’s Parcel Number 002-323-012, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner 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 Owner’s 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 Owner: Vintage Properties 979 Osos Street Suite B-2 San Luis Obispo CA 93401 ATTACHMENT 5 Packet Page 107 Historic Property Preservation Agreement 890 Osos Street Page 5 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 Owner agrees 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 Owner, or from those of his contractor, subcontractor, agent, employee, or other person acting on the Owner’s behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees 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 Owner’s 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. ATTACHMENT 5 Packet Page 108 Historic Property Preservation Agreement 890 Osos Street Page 6 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 Owner; however, the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year written above. OWNER ____________________________________ ______________________________ for: Vintage Properties Date CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Mayor Heidi Harmon Date Pursuant to authority conferred by Resolution No. __________(2018 Series) ATTEST: ______________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________ J. Christine Dietrick City Attorney ALL SIGNATURES MUST BE NOTARIZED ATTACHMENT 5 Packet Page 109 Historic Property Preservation Agreement 890 Osos Street Page 7 EXHIBIT “A” MAINTENANCE AND IMPROVEMENT MEASURES FOR THE TEASS HOUSE LOCATED AT 890 OSOS STREET, SAN LUIS OBISPO, CALIFORNIA Owner 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 890 Osos 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. Owner agrees 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: ▪ Refurbishment of roofing, including clay tiles; ▪ Repair of original windows, or “in-kind” replacement of original windows that cannot be repaired; ▪ Investigation and repair of water leaks into the basement of the building; ▪ General maintenance of roofing and interior and exterior surfaces, trim, and decoration, including painting and replacement, as necessary; ▪ General maintenance, including landscaping, plumbing, heating, and electrical system. ATTACHMENT 5 Packet Page 110 Historic Property Preservation Agreement 890 Osos Street Page 8 EXHIBIT “B” Legal Description For APN/Parcel ID(s): 002-323-012 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOTS 17, 18, AND 19 IN BLOCK 24 OF THE MAP OF THE TOWN OF SAN LUIS OBISPO, ACCORDING TO MAP RECORDED MAY 1, 1879 IN BOOK A, PAGE 168 OF MAPS, DESCRIBED AS FOLLOWS [METES AND BOUNDS DESCRIPTION PENDING] ATTACHMENT 5 Packet Page 111 Historic Property Preservation Agreement 890 Osos Street Page 9 State of California } County of San Luis Obispo } On________________, before me __________________________________________, 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On________________, before me __________________________________________, 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ 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. ATTACHMENT 5 Packet Page 112 ATTACHMENT 6 Packet Page 113 ATTACHMENT 6 Packet Page 114 ATTACHMENT 7 Packet Page 115 ATTACHMENT 7 Packet Page 116 ATTACHMENT 7 Packet Page 117 ATTACHMENT 7 Packet Page 118 ATTACHMENT 8 Packet Page 119 ATTACHMENT 8 Packet Page 120