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HomeMy WebLinkAboutD-2181 Broad Street Place - County CDBG Regulatory Agreement and Restrictive CovenantsRECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL DOCUMENT TO: Director of Planning and Building County of San Luis Obispo 976 Osos Street, Room 300 San Luis Obispo, Ca 93408 A.P.N.: 053-231-048 "This document was electronically submitted to San Luis Obispo County for recording" 2021018394 Tommy Gong San Luis Obispo - County Clerk -Recorder 03/10/2021 02:12 PM Recorded at the request of: FIRST AMERICAN TITLE COMPANY Titles:1 Pages:19 Fees: $0.00 Taxes: $0.00 Total: $0.00 Space Above This Line for Recorder's Use Only File No.: 4009-6127807 (LB) This document is recorded for the benefit of the County of San Luis Obispo and is exempt from recording fees pursuant to Sections 6103 and 27383 of the California Government Code. COUNTY CDBG REGULATORY AGREEMENT AND RESTRICTIVE COVENANTS SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 D-2181 RECORDING REQUESTED BY: County of San Luis Obispo AND WHEN RECORDED MAIL TO: Director of Planning and Building County of San Luis Obispo 976 Osos Street, Room 300 San Luis Obispo, CA 93408 APN: 053-231-048 (Space Above for Recorder's Use) [Exempt from recording fee per Gov. Code § 27383] COUNTY CDBG REGULATORY AGREEMENT AND RESTRICTIVE COVENANTS THESE CDBG COVENANTS are made and entered into on or about February 20, 2021, by and between the County of San Luis Obispo, a political subdivision of the State of California (the "County" or "Recipient"), and Broad Street Place, L.P. (the "Subrecipient"), a California limited partnership whose General Partner, Broad Street Place LLC, is wholly owned by People's Self -Help Housing Corporation ("PSHHC"), a California nonprofit public benefit corporation. RECITALS A. The County has provided a loan to the Subrecipient of $338,864 in Community Development Block Grant ("CDBG") funds to acquire a fee ownership interest in real property currently owned by PSHHC, which shall be developed by constructing the Broad Street Place Apartments (an affordable housing project) that will provide thirty-nine (39) housing units for CDBG-moderate, low, very low and extremely low income individuals / households and one manager's unit (for a total of 40 housing units) (hereinafter referred to as the "Project"). The said real property is described in Exhibit "A" (attached hereto and incorporated herein) and more commonly known as Broad Street Place Apts. — CDBG Covenants— Page 1 of 15 3720 Broad Street in the City of San Luis Obispo, County of San Luis Obispo, California, Assessor's Parcel Number 053-231-048 (hereinafter referred to as the "Property"). B. The County and the Subrecipient wish to assure that the forty (40) multi -family rental apartment units located within the Project will be rented continuously to income eligible persons / households (CDBG-moderate, low, very low and extremely low- income persons / households) and that the Project will include eight (8) CDBG-assisted units that are rented in conformance with these CDBG Covenants for the entire Term of these CDBG Covenants, as defined below. C. The purpose of these CDBG Covenants is to regulate and restrict the occupancy, rents, operation, ownership, and management of the Project and its affordable housing units. These CDBG Covenants are intended to run with the land and be binding on the Subrecipient and its successors and assigns in the Property. These CDBG Covenants are subject to the terms and conditions of the CDBG Subrecipient Agreement between the Recipient and the Subrecipient, which was recorded concurrently with these CDBG Covenants. NOW, THEREFORE, the parties acknowledge and agree as follows: ARTICLE 1. DEFINITIONS 1.01. "Term" means the twenty (20) year compliance period during which the Project must meet the affordability requirements imposed under the CDBG Program, commencing with the execution date written above and terminating twenty (20) years from the date of the recordation of a notice of completion (of construction) issued for the Project development AND the initial occupancy of all thirty-nine (39) affordable rental units in the Project by income eligible persons and households (as defined below). The intent of the Term is to ensure a twenty (20) year affordability period, which shall begin Broad Street Place Apts. — CDBG Covenants— Page 2 of 15 when all units in the Project are initially occupied by income eligible persons and households (a twenty (20) year compliance period). (a) The start of the twenty (20) year Term of these Covenants shall be documented, as follows: i. Upon initial occupancy of all the Project's thirty-nine (39) affordable rental units by income eligible households, in conformance with these Covenants, the Subrecipient shall report to the County, pursuant to section 4.01 (Reporting) below. The County shall then, at its discretion, document the start of the Term of these Covenants. Regarding the reversion of assets, the five (5) year period set forth in 24 CFR 570.503(b)(7) for compliance with one or more national objectives shall be included and contained within the twenty (20) year compliance period established by these CDBG Covenants. 1.02. " CDBG Loan" means the loan of CDBG funds in the amount of Three - Hundred Thirty -Eight Thousand Eight -Hundred Sixty -Four Dollars ($338,864.00) made by the County to the Subrecipient to assist with payment of site acquisition and development costs pursuant to the CDBG Subrecipient Agreement and the CDBG Note. 1.03. " CDBG Subrecipient Agreement" means the CDBG loan agreement titled "Subrecipient Agreement for CDBG Grant Funds Between the County of San Luis Obispo and Broad Street Place, L.P. For Acquisition of Real Property in the County of San Luis Obispo" executed by and between the Subrecipient and the County and recorded concurrently with these CDBG Covenants, setting forth the terms and conditions governing the CDBG Loan. 1.04. " CDBG Deed of Trust" means that certain deed of trust and security placed on the Property and the improvements to be constructed thereon as security for the Broad Street Place Apts. — CDBG Covenants— Page 3 of 15 CDBG Loan with the Subrecipient as trustor and the County as beneficiary, which has been executed by and between the Subrecipient and the County and recorded concurrently with these CDBG Covenants. 1.05. " CDBG Loan Documents" are collectively the CDBG Subrecipient Agreement, the CDBG Note evidencing the CDBG Loan, the CDBG Deed of Trust securing the CDBG Note, and these CDBG Covenants as they may be amended, modified, or restated from time to time, along with all exhibits and attachments to these documents. 1.06. " CDBG Note" means the promissory note executed by the Subrecipient in favor of the County in the amount of Three -Hundred Thirty -Eight Thousand Eight - Hundred Sixty -Four Dollars ($338,864.00), evidencing the CDBG Loan, which is secured by the CDBG Deed of Trust and which has been executed by and between the Subrecipient and the County concurrently with these CDBG Covenants. 1.07. "CDBG-assisted units" means any eight (8) of the forty (40) affordable rental units on the Property designated by the Subrecipient as units with restricted occupancy and rents pursuant to and subject to the requirements of these CDBG Covenants. The eight (8) CDBG-assisted units shall also be designated as "floating" CDBG-assisted units. As such, the Subrecipient may re -designate which housing units are CDBG- assisted units, provided that they are comparable to the non-CDBG -assisted housing units in size (number of bedrooms), location, and accessibility, and that the number of CDBG-assisted housing units is not reduced below eight (8). 1.08. "Extremely low income" means persons and households whose income does not exceed 30 percent of area median income adjusted for family size by the State Department of Housing and Community Development. 1.09. "Very low income" means persons and households whose income does not exceed 50 percent of area median income adjusted for family size by the State Broad Street Place Apts. — CDBG Covenants— Page 4 of 15 Department of Housing and Community Development. 1.10. "Low-income household." Pursuant to 24 CFR 570.3 (Definitions), "Low- income household" means a household having an income equal to or less than the Section 8 very low-income limit established by HUD (i.e., 50% or less of area median income adjusted for family size by the State Department of Housing and Community Development). 1.11. "Moderate income household." Pursuant to 24 CFR 570.3 (Definitions), "Moderate income household" means a household having in income equal to or less than the Section 8 low-income limit and greater than the Section 8 very low-income limit, established by HUD (i.e., 80% to 50% of area median income adjusted for family size by the State Department of Housing and Community Development). 1.12. "Income Eligible." Individuals and households meeting the definitions under sections 1.08, 1.09, 1.10 and/or 1.11 shall be referred to as "income eligible." 1.13. "Area Median Income" shall mean the county wide median income in the then currently published guidelines of the U.S. Department of Housing and Urban Development. 1.14. "Subrecipient" as defined in the Code of Federal Regulations at 24 CFR 570.500(c). 1.15. "Tax Credit Regulatory Agreement" means that regulatory agreement required by the California Tax Credit Allocation Committee that will be recorded after completion of the Project development and that restricts the Tenant and/or Household income and rents for all units in the Project, with exception of the Project's one (1) manager's unit which shall not be so restricted. ARTICLE 2. TERMS AND COMPLIANCE Broad Street Place Apts. — CDBG Covenants— Page 5 of 15 2.01. The Subrecipient's actions with respect to the Property, the Project and the use of funds from the CDBG Loan shall at all times be in full conformity with all of the requirements of the CDBG Loan Documents. 2.02. These CDBG Covenants shall commence with and terminate upon the end of the Term, as defined above. Upon termination of these CDBG Covenants, the Subrecipient shall comply with the terms and conditions of the Tax Credit Regulatory Agreement for the duration of the fifty-five (55) year term of the CDBG Loan. 2.03. The Subrecipient shall comply with all requirements imposed on projects assisted under the CDBG Program (24 CFR Part 570) in effect on the date that the CDBG Loan is executed by all parties, and as may be amended from time to time. 2.04. These affordability requirements shall be covenants running with the land as defined in California Civil Code section 1462. Pursuant to Civil Code section 1468 which governs such covenants, the provisions of these CDBG Covenants shall be binding upon all parties having any right, title, or interest in any of the properties described herein, or any portion thereof and on their heirs, successors in interest and assigns for the Term of these CDBG Covenants. The parties agree that all future deeds or transfers of interest regarding the Property shall show the restrictions of these CDBG Covenants for as long as the Covenants are in effect. 2.05. The Subrecipient, by and for itself and any successors in interest, covenants and agrees that for the entire Term of these CDBG Covenants there shall be no sale, lease, rental, occupancy, removal or other transfer of any of the Project's thirty-nine (39) affordable rental apartment units except for the rental or leasing of individual apartment units to income eligible persons / households (as defined in Section 1.12 ("Income Eligible") above), or a transfer as permitted in the promissory note ("CDBG Note") which includes a transfer to Subrecipient's General Partner. One on -site manager's apartment unit is not subject to affordability restrictions. Any sale, lease, rental, occupancy, Broad Street Place Apts. — CDBG Covenants— Page 6 of 15 removal or other transfer of any of the Project's thirty-nine (39) affordable multi -family rental apartment units in violation of these CDBG Covenants shall be void unless authorized by the prior written consent of the County of San Luis Obispo Director of the Department of Planning and Building. 2.06. If, during the Term of these CDBG Covenants, the Subrecipient fails to use the Project development or Property for the purposes for which the allocation of CDBG funds was made and as described in these CDBG Covenants, the Subrecipient shall reimburse the County in the amount of $338,864, subject to a reasonable notice and cure period. 2.07. In the event that the Subrecipient ceases to use the Property as a forty (40) unit affordable housing project for income eligible persons / households (CDBG- moderate, low, very low and extremely low-income persons / households), or if the Property is transferred, assigned, leased, sold, encumbered or foreclosed whether voluntarily or involuntarily within the Term of these CDBG Covenants, without the prior written consent of the County of San Luis Obispo Director of the Department of Planning and Building, the Subrecipient shall reimburse the County in the amount of $338,864, subject to a reasonable notice and cure period. ARTICLE 3. PROJECT OCCUPANCY AND RENTS 3.01. CDBG-assisted rental units: (a) The Subrecipient shall designate eight (8) of the Project's forty (40) multi- family rental apartment units to serve as CDBG-assisted residential rental units. These eight (8) CDBG-assisted units shall be monitored for conformance with the affordability requirements described in 24 CFR 570.201 and 24 CFR 570.208 for a period of at least twenty (20) years from the date of initial occupancy of all thirty-nine (39) of the Project's affordable rental units by income eligible households. (b) The eight (8) CDBG-assisted units may also be designated as "floating" CDBG-assisted units as defined in Section 1.07 (CDBG-assisted units) above. Broad Street Place Apts. — CDBG Covenants— Page 7 of 15 (c) During the Term of these CDBG Covenants, the Subrecipient shall rent the eight (8) CDBG-assisted residential units to income eligible persons / households at rent levels consistent with the requirements of 24 CFR 570.201 and 24 CFR 570.208 of the federal CDBG regulations. 3.02. The remaining thirty-two (32) non-CDBG-assisted units of the Project, excluding the one (1) manager's unit, shall comply with the rent and income restrictions and other terms of the Tax Credit Regulatory Agreement. Non-compliance under the terms of the Tax Credit Regulatory Agreement shall constitute an Event of Default under the CDBG Note and CDBG Deed of Trust, subject to applicable cure periods. 3.03. Pursuant to 24 CFR 8.22 & 8.23 & 8.32, no less than 5% of the forty (40) units (no less than two (2) units) shall be constructed as Accessible units (for the physically disabled) and an additional 2% or more of the forty (40) units (no less than one (1) additional unit) shall be constructed as Sensory units (for the visual and hearing disabled). 3.04. All the Project's thirty-nine (39) affordable rental units shall be occupied by income eligible persons / households within 12 months from the date of final construction permit approval and issuance of a certificate of occupancy by the review authority. Upon the initial occupancy of the thirty-nine (39) affordable rental units, the Subrecipient shall provide to the County a Beneficiary Report pursuant to Section 4.01 (a) (Beneficiary Report). This 12-month occupancy requirement may not be extended without prior written approval by the Director of the County Department of Planning and Building. If all the Project's thirty-nine (39) affordable units are not occupied within 18 months of the date of final certificate of occupancy, then this shall constitute an Event of Default, and the Subrecipient shall repay to the County all CDBG funds loaned to the Subrecipient and invested in the Project, in accordance with the CDBG Note and CDBG Deed of Trust. 3.05. Marketing Plan. Prior to occupancy of the Project's thirty-nine (39) Broad Street Place Apts. — CDBG Covenants— Page 8 of 15 affordable units, the Subrecipient shall submit to the County for approval the marketing plan for the Project, including information on affirmative marketing efforts and compliance with both the federal fair housing laws and the County's affirmative marketing policy. The County shall approve or disapprove the Project marketing plan within thirty (30) days. If the County does not respond within such 30 days, the marketing plan shall be deemed approved. If the County disapproves the marketing plan, the County shall specify its reasons for disapproval. The Subrecipient shall submit a revised marketing plan within thirty (30) days of the County's notice of disapproval. The County shall approve or disapprove the revised marketing plan within 30 days of submittal. The County's disapproval of a revised marketing plan shall constitute an Event of Default under the provisions of the CDBG Note and the CDBG Deed of Trust. ARTICLE 4. REPORTING AND ON -GOING OPERATIONS 4.01. Reporting. (a) Beneficiary Report. Immediately upon the initial occupancy of all thirty-nine (39) affordable rental units by income eligible households the Subrecipient shall report to the Recipient (the County) that the Project development has begun to provide a benefit to CDBG-moderate, low, very low and extremely low-income persons / households, per 24 CFR 570.201 and 24 CFR 570.208 of the federal CDBG regulations. The Subrecipient shall submit to the Recipient a beneficiary report that provides the tenant household information necessary to enable the Recipient to submit a project completion report into the federal Integrated Disbursement and Information System (IDIS). This beneficiary information is required for the households in all thirty- nine (39) affordable housing units. The Recipient shall then, at its discretion, document the start of the 20-year compliance period of the CDBG Covenants. (b) On -going reporting — refer to Section 4.02 below. 4.02 On -Going Project Operation. For each year of the Term of these CDBG Covenants, starting with the date of initial occupancy of all thirty-nine (39) affordable Broad Street Place Apts. — CDBG Covenants— Page 9 of 15 rental units in the Project by income eligible households, the Subrecipient shall: (a) Annually submit to and obtain County approval of the income limits, rental rates and utility allowance that is used for each of the eight (8) CDBG-assisted units. (b) Provide each tenant household with a minimum 30-day notice prior to implementing any rent increase. (c) Submit to the County an annual report on the eight (8) CDBG-assisted rental units. At a minimum, this annual report shall provide the following information for each of the eight (8) CDBG-assisted units: tenant household name, size and income amount, the rental unit size (number of bedrooms) and address, and the rental / utility rate that was charged for the reporting year. (d) Affirmative Marketing: Annual reports shall be submitted by the project / program manager to the County. Each report shall describe the clientele served by the 40-unit Project (i.e., total number of clients served with respect to race, ethnicity, gender and disability status). Affirmative steps shall be taken (i.e., targeted marketing) with respects to increasing the participation of any underserved or under -represented group(s). (e) Annual Certification. During the fifty-five (55) year Term of the CDBG Subrecipient Agreement the Subrecipient shall submit to the County an annual certification signed by the Subrecipient's executive officer or chief financial officer certifying whether the Project development is or is not being operated and managed in full compliance with the Tax Credit Regulatory Agreement. Non-compliance under the terms of the Tax Credit Regulatory Agreement shall constitute an Event of Default under the CDBG Note and CDBG Deed of Trust, subject to applicable cure periods. 4.03. Inspection, Records and Monitoring (a) All required reports and supporting materials that are required by these CDBG Covenants shall be retained by the Subrecipient for a period of no less than five (5) years. The Subrecipient shall make all such reports and materials available to the County or its representative for review and copy within ten (10) days after any request by the County to review such reports. (b) The Subrecipient shall permit the County or its representative to conduct Broad Street Place Apts. — CDBG Covenants— Page 10 of 15 annual compliance monitoring, including performing on -site records review and inspections of the Project development and Property, as required by regulation or reasonably requested by the County. The County shall provide reasonable notice prior to inspection. ARTICLE 5. GENERAL 5.01. These CDBG Covenants shall not be subordinate to any deed of trust, agreement and/or other obligations of the Subrecipient concerning the Property, except as provided in the CDBG Deed of Trust, and may be subordinated in priority only as to liens and encumbrances otherwise approved in writing by the County in its sole discretion. 5.02. Notices required to be sent to the County hereunder shall be sent by certified mail, return receipt requested, to the following address: Director of Planning and Building County of San Luis Obispo 976 Osos Street, Room 300 San Luis Obispo, California 93408 Attention: Housing Section / CDBG Programs Notices to Subrecipient shall be to Broad Street Place, L.P.: Broad Street Place, L.P. c/o People's Self -Help Housing Corporation 3533 Empleo Street San Luis Obispo, California 93401 Attention: Ken Trigueiro, CEO With a copy to: The Banc of America Housing Fund XIV Limited Ptnrship, LLLP c/o Enterprise Community Asset Management, Inc. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, Maryland 21044 Attn: Asset Management With a copy to: (E-mail address) sshack@enterprisecommunity.com Attn: General Counsel Broad Street Place Apts. — CDBG Covenants— Page 11 of 15 With a copy to: Kenneth S. Gross, Esq. Gallagher Evelius & Jones LLP 218 North Charles Street, Suite 400 Baltimore, Maryland 21201 Telephone: (410) 727-7702 Facsimile: (410) 468-2786 5.03. The Subrecipient hereby specifically acknowledges and agrees to be bound by the covenants contained herein regarding the affordability of the Project and its affordable housing units. (Signature blocks appear on following pages.) Broad Street Place Apts. — CDBG Covenants— Page 12 of 15 These CDBG Covenants may be executed in counterparts and shall be fully effective as if signed by all parties whether or not the signatures of all the parties appear on the original or on any one copy of these CDBG Covenants. IN WITNESS WHEREOF, the parties hereto have executed these CDBG Covenants as of the day and year first above written. SUBRECIPIENT Broad Street Place, L.P. a California limited partnership By: Broad Street Place LLC a California limited liability company Its: General Partner By: People's Self -Help Housing Corporation a California nonprofit public benefit corporation Its: s le member and manager Ken Trigueiro Chief Executive Officer and President i Morgen Benevedo Executive Vice President (**signatures must be notarized) Broad Street Place Apts. — CDBG Covenants— Page 13 of 15 Date Date COUNTY OF SAN LUIS OBISPO * 28Z Trev6r Keith, Di c r Date Department of Planning and Building (*signature must be notarized) APPROVED AS TO LEGAL FORM AND EFFECT: RITA L. NEAL County Counsel 4 By: Deputy CcQnty Counsel Dated: March 4, 2021 Broad Street Place Apts. — CDBG Covenants— Page 14 of 15 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 ss. COUNTY OF SAN LUIS OBISPO On d aAdA 0' 1 20 2-( before me, L. 4 • 1� , a Notary Public, in and for the State of California, personally appeared kl&F&) MM 6eA) �3eA)E- Vc 6 0 , 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. 1 dhjL. A. BERTRAND NotaryPublic- California z San Luis Obispo County = Signature anLuisOospoCo my Signature of Notary Public My Comm. Expires Sep 16, 2021 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. Q&OVAI4IEel VLgIF_1 ss. COUNTY OF SAN LUIS OBISPO On —t�,keK ! , 20 ZI, before me, kc Z Q CG , Vet 'iE�E� , a Notary Public, in and for the State of California, personally appeared 'Tg>✓V® % 1OFF-1 ` 14 ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged to me tha h)she/they executed the same in his er/their authorized capacity(ies), and that b is er/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. f ANN C. WEBB ;..`s Notary Public 111 Signature San Luis Obispo County Si nature of to Public Commission 4" 2285035 g ry My Comm. Expires May 9, Z023 EXHIBIT "A" LEGAL DESCRIPTION A.P.N.: 053-231-048 Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL A: PARCEL 3 OF PARCEL MAP SLO 13-0003, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JANUARY 31, 2014 IN BOOK 77 OF PARCEL MAPS AT PAGES 16 AND 17. PARCEL B: A 40 FOOT PRIVATE ACCESS AND UTILITY EASEMENT OVER PARCEL 2 OF PARCEL MAP SLO 13-0003, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JANUARY 31, 2014 IN BOOK 77 OF PARCEL MAPS AT PAGES 16 AND 17. Broad Street Place Apts. — CDBG Covenants— Page 15 of 15 CERTIFICATE This is to certify that the interest in real property conveyed by the County CDBG Regulatory Agreement and Restrictive Covenants dated on or about February 20, 2021, from Broad Street Place, L.P., a California limited partnership, to the County of San Luis Obispo, a political subdivision of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of San Luis Obispo pursuant to the authority conferred by Board of Supervisors' Resolution No. 2020-116 adopted May 5, 2020 and the grantee consents to recordation thereof by its duly authorized officer. COUNT/Y/OF SAN eith, Director ent of Planning and Building ::>--1- 2 Dated: 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 SS. COUNTY OF SAN LUIS OBISPO On MA'A'R(-)-4 !} , 20Z_, before me, PAM Q C- . VS � �, a Notary Public, in and for the State of California, personally appeared T'f �d'CS� V-15k"'r1-\ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is)re subscribed to the within instrument and acknowledged to me tha e/ he/they executed the same i his er/their authorized capacity(ies), and that b his er/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. ANN C. WEB Notary Public - California z Can Luis Obispo County Commission # 2285035 My Comm. Expires May 9, 2023 Signature Signature of No ary Public