Loading...
HomeMy WebLinkAbout3107ORDIlVANCE NO. ~ 1 ~ ~ 1 2 3 4 5 6 7 $ 9 i0 I1 12 AN aRDINANCE APPROVIlVG A DEV~.OPMENr AGF-EF..~NIENT FOR CERTAIN REAL PR~PERTY LOCATED JN THE EASTERN SIDE OF HIGHWAY 99, BOTH N4RTH AND SOUTH OF DURHAM PENTZ R4AD, CHICO. T~e Board of Supervi~sars of the County of Butte, State of Califomi.a, under a~d pursuant to Chapter 2~4-29 of the Butte County Code of said County, DG ORDAIN, as follows: SECTI~N 1. That the Development Agreement with M. C. Homing in the form attached her~to as Exhibit "A" and i~ncorporated herein by this ref~rence ~s appro~ed, this Boazd .~aving found that #he ,provisions of the agreemen~t aze consisten± wi.th the Butte County General P1an. SECTION 2. Th~ Chauman is au~horized to execute the De~elapment Ag:esment in the foarm attached. 13 ].4 15~ ls i~ 18 19 20 2~. : 2~ 23 24 26 28 SECTION 3. Following ~mple~ execution of the De~e~opment Agreement, the Clerk of the Board of Supervisors shall caus~ a copy thereof t~ be recorc3ed with the Butt,e Co~nty Recorc~er. SECTION 4. This ~rtlinance shall be and it is hereby declared to be in full force and effect from and after thirty {30) days after the date of it~ passage, and before the expiration o` fift~n ('_5) days after its passage, tl~is ~rdinance shall be published once with the name,s of the members of the Board of :S~pervisors voting for an.d against it i~n the C1uco Ente~rprise Record, a newspaper published in the County of Butte, State of Califomia. PASSED AND ADOP'TED by the Board of Supervisors of the County of Butte, State of California, on the 1~~~ day of D e c~m~ ~ r , 1993, by the following vote: _2_ 1 2 3 4 5 6 7 8 9~ 10 1]. 12 13 14 15 16 17 18 is ao 2I 22 23 24 26 26 ~i,YE-S: Supervisors Meyer, Do~an, McLaughlin, Thomas and Cha~z Haux NOES: None ABSBNT: None _ :' NOT VOTING: None ~ /~ % i . ; MARY H~UX, CHAI~t:MAN B~tte Co~nty Board of Super~~isors ATTFST: JOHN S. BLACKLOCK, . Chie€ Administrative Offic~r and Clerk of fhe Board By t : ~ ~i'? C; ~~-o~o~~ 7';"'~lVGV~:J 7'S-VVGN'*.7 7'!-Vt.J.GV•t7 ' ~ ~'~~~~~~ I Total . O~ E Recorded I O~~icial Records ! - County of I Butte I Cancfaae J. Grubbs I Recorder I , 8:59am 12-Jan-94 I C~MS XX ~.5 ~ RC~Q~~~'~~~ ~. _ _ __ __ .. _- - ~ ~ Af~er recording return to C~.k. o Board Extension & Amendment December ~.3, 1993 DEVELOPMENT AGREEMENT THTS AGREEMENT is entered into this I4th day o£ December ~~g93~ between Horning/Austin (hereina€ter referred to as ('Property Owner") and the COUNTY OF BUTTE, a political subdivi.sion, organized and existing under the laws o~ #he State of California (hereinafter referred to as "County"). RECITALS This Agreement is predicated upan the follovc+~ing facts: A. Government Code 65864-b5$69.5 authorize tkze County to enter in~o binding development agreements with persons having lega~ or equitable interests a~ real property for the development of such properry; ~ ~~~~Q~~45 ~ N~W, THEREFORE, the parties agre~: 1. Definitions. In ~his Agreement, uz~ess the contex~ otherwise requires: (a) "County" is ~he County of Butte. (b) "Project" is the development approved by the county, namely, change of General Plan Land Use designation from Grazing and Open Land to ~ndustrial and chanbe of zoning from "U" to M-1. {c) "Property Owner" means the person having a legai or equitab~e interest in ~he r~al property as dESCribed in Section 2 and includes the Praperry Owner's successor in interest. (d) °Real Property" is the real properiy refened to in Section 2. 2. Descri~ation o~ Real Pro~aertv. '~'kze real property which is t~e subject af this Agreement is described in Exhibit "A" attached hereto and incorporated herein by this , reference. 3. Interest of Propertv Owner. Prop~~ty ~wner represents tha~ he has a~egal interest in the real property and that all other persons holding legal or equitable interests in the propeny are to be bound by the agreernent. 4. Binding Effec~_o£Agreement. The burdens of ~his Agreement bind and the be~efits of the Agreement inure to th~ successors in interest to the partzes to it. 5. Relationshi~ of Parties. It is understood that the contractual relationship between the Coun~y and Property Own~r is such that the owner is an. indepenc3ent contractor and not the agent of the Couniy. 6. Ass~~ent. The ri.ghts of the Property Owner under this Agreement may not be transfened ar assigned unless the written consent of the Cottnty is first obtained. 2 `~~`U~Q~~ 3 7. Coun s A roval Proceedin s for Pro'ect. On December I4 .. ~ 19 93 , the County appro~ed a rezone for the property. Saad amendment and rezone are contained ir~ File 92-31 A and B, on. ~ile in the office of the Department of Development Services, Pla:~ning Division. 8. Ef~ect af Trans~er of Real Pro~erty to Another Jurisdictiozx. I~ aIl o:r a portion of the real proper~y which is the sub~ect of the Agreernent is annexed tn or otherwise becomes a part of a City or another County, this Agreement terminates. 9. Hold Harmless. Property Owner agrees to ar~d shall hold the Caunty, its off~icers, agents, employees and ~epresentatives harmless from liability for damage or claims for da~nage for personal injuzy, inciuding death, and claFms for property damage which rnay arise from the direct or inciirect operations of the Property Owner or tl~ose of his contractor, subcontractor, agent, employee or other person ac~ing on his behaif which relate to the Project. Property Owner agrees to and shaIl defend the County and its officers, agents, employees and representatives from actions for damages caused or alleged to hava been caused by reason of Property Qwner's activities in connection with the Project. Properry Owner further agrees ta defend, indemnify, and hold harmless County, its of~icers, agents, employees ar~d representatives, fram any claim, action, or proceeding against Couniy, i~s officers, agents, employees or representatives, chall~nginb the validity of this Agreement or resulting from or arising aut of the action of County in reviewing or approving the project or certifying the negative declaration prepar~d in connection therewith. 14. Svecific Restriction on Develo~ment of Real Pro~aertv. Zn additzon to zoning classzficatzon, the foilowing specific restrictions shall also go~ern the use of the property: (a) Permitted uses are thase permitted by the M-1 zoning classi~cation of the 3 . ~ ~4--o~a~s ~ County of Butte as in exi~stenc~ on the date o~ this Development Agreement except the property shatl not be used for any of the followi.ng purpases: {1) junk yard; (2} auto wrecking yard; (3) a business engaged in the purchase, sale or stora~e of scrap metal except when conducted entirely within a building; {4) industrial or manufacturing uses genera.ting i.ndustrial waste water with the potential to contaminate sur£ace water or gro~ndwater (i.e. chrome plating, s~licon chips) unless such contamination threat is m~itigated ta th~ satisfaction of ~he County Health Department and the State Regional Wa~er Q~ality Contzol Board; (5) adult bookstores. Sewage tr~atment ponds shall req~ire the approval of a Use Permit. Tentative approval of said ponds shall be required by the California Reg~onal Water Quality Control Baard and the Butte County Enviironmental Health Depar~rraent prior to s~biruttal of the Use Pernut. {b) At no ~ime during the terna of this Development Agreement shall any af the types of ~ses of the property indicated below exceed the coz~z~esponding percentabe of the total acreage within each of the three indi~idual parcels that existed when this agreement became e~fective. However, alloeated commercial percentages can be transferred within any o~ the three parcels. A request to increase the total cammercial percen~ages witl~in the real property, exempting transfer of percentages, will require a detailed ~raffic study to determine additional traffic impacts and potential mitigation. 4 ~~~`~~U~~ ~ (1} Uses requiring a us~ permit under the present M-1 zoni~.g classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43% {2) Uses under the present M-1 zoning classification permitted without a use perm~it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Q0% {3) ~Commercial uses permitted under the present C-1 or C-2 zoning classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36%a The foregoing is included as an zndxcation of the types of uses and mix of uses permitted. Additionaily, the Prope~rty Owner agrees that not less than 10% o:E each parcel within the Rea~ Property shall rerriain in open space. {c) The rrtaximum density or intensity of us~ shal~ be as perr~itted by the M-1 zoning classification and the subdivision regulations of the Coun~ty on the date of this Development Agree~nent. (d) The maximum height of an.y building shall be 35 feet. (e) Builc~ings shall b~ setback 30 feet from any property line abutt~ng a public road or highway. 'This setback area sha11 be fully landscapec~ and maintained. {~ Building elevations exposed to pubiic right-of-ways sbaJi incorporate archztectural enhancement, foundation landscape planting and i~nildiz~g texture and pa.int variations. (g) Outdoor storage areas shall be scre~ned with salid fencing and/or landscaping r~vhen visibie from a public rnad. Materials shall not be stored higl~er than ~.he fencing. (h) All parking lots adjace~~ to pubiic roads or highways s~ali be sepa~rated by a 15 £aot landscape buffer tha~ includes a combiz~ation o~ mounding/berming (3' rninirn.um}, and shrub hedges. Street trees shall ba planted along all stree~ frontages and S ~ ~4~-02D~5 shall a~erage thzrty (30) feet spacing. (x) Freestanding signs shal~ be o~ compatible rnaterials and co~ors of the primary building and lxm.ited to 35 feet in height. Building signs shall be limited to one (1) square foot per lineal foot of buzlding frontage. (j) A total of 5% of each parking area shali be landscaped. This daes not include the street setbaek landscaping. (k) Iandscaping to be instal~ed upon each parcel at such ~time as the final inspection on the first buiiding on each parcel is perforrned, or a bond may be posted u~ an amount deternuned by the Depariment of De~elopment 5er~ices, Planning Division and posted with Public Works to insuze Iandscaping wil~ be installed within three montl~s from issuance of the certificate of occupancy. ~1) The construction of improvements to the property req~ired by this a~ eement , wili be commenced as soon as possible and corrapleted prior to occupancy of any building constructed on the property oz shall be completed in accordance with a phasing plan approved by the Department of Deveiopment Servic~s. All such constn~ction will be corr~pleted not later than 3 months prior to expiration of this agreement. 11. Public Im rovements Facilities and Services. Property Owner agrees to provi~e the fol~owing pubiic impro~rements, £aczlities and services: (a) Landscapi~ Property Ow~er shail, as part o£ each buildi~g permit application, submit a landscaping plan to the Manager of the Piar~ing Division for approval, {b) Drainage. Property 4wr~er shall submit drainage plans far approval to CalTrans and the Department of Public Works on each building pez~mit and install the required ~.!/ 6 ~~-o~o~~ 7 facilitxes. {c) Road~. ~ (1) All in~erior road sections to be constructed to Public Works standard RS-1B. (2) Access to the property shall be approved by Ca~Traz~s and the Department of Pubiic Works and shall be iocated a:s £ar fram the interchange ramp as possible. (3) Access to Durham-Pentz Road to be appro~ed by County Public Works and may include left turn pockets. (4) Encroachment permits to be obtained from P~blic Works. (5) Public road approaches to be constructed where required b~+ Fubiic Works. (b} Prior to start of construction, subrnit a complete set of imprnvement plans £or approval, with appropriate fees. (7) Prior to issuance of building permits of any structure on AP#040-13a- 036, the developer shall pay a pro ra~a share towards the signalization of the intersection at the southbound off ramp of Highway 99 a.~d D~rham-Dayton Highway. (d} Fire Protection. (1} Meet the requirements of the Uni.form Fire Code,1979 Edition, as amended fro~n. tirne to time, as adrn.inistered by the Butte County Fire Department/CDF. (2) Submit plans to Butte County Fire Department/CDF at th~ time of each building pemut applzcation. Install all on-site fire pratectian 7 ~~~~-~zo~~ ~ measures prioz to final inspec~ion of each parcel as it develops. (3} Each parcel ta have an approved water supply £oz fire protection prior to final inspection of each building. (4) Annex into County Service Area # 137 {Dur~iam Dayton Industrial Partners) for €ire protection prior to issuance of any building .pernuts on the real property. {e) Health. (1) Install an approved sewage disposal system und~r permit and inspection by the Butt~ County Health Department. (2} Obtain discharge permits from Regi.onal Water Quality Control. (3) All wells to meet the requirements of the "Bulletin 74-Water Well Standards: State of Caiifornia". (4) Storage, handling and disposal o£ hazardous wastes and waste water to be in fiill compliance with Regional Water Quality Control standards. (5) Na hazardous materials shaIl be disposed of in Butte County. (6) All hazardous materials to be disposed of at a Class I faciliiy. {#~ Air Qualit3±, Comply with the requirements of the Butte County Aar Pollution Control Dis~rict prior to final inspection of each building. Qbtain an authorization to construct where necessary. (g) Lightin~ Ail lighti~g installed upon any parcel shall be situated or shie~ded so as to mznimize distraction to passing ~notorists on Durham-Pentz Road and 8 , ` ~3~}'~~U'+J ! Highway 99. (h) Outside Stora~e. If any materials are stored outside a building they wi,ll be st~red behind a: sight-obscuring fence not less than six {6) ~eet in height, no part of w~ich shail be erected within the road setback area. (i} Utilities. Meet the requirements of the ~tility companies, including PG&E for natural gas and electricai service. (j) Bus 5top Locations. Diligently pursue, in coorciination with the Butte County Public Works Department, the potential establishrnent of bus stop locations {Butte County A7rea Transit System}, 12. Effect of A eement an Land Use Re latians. The rules, regulations and official policies governing permitted uses of the properiy, the density of the real properiy, the design, improvements and const~-uction standards and specifications applicable to deveXopment of the real property are those rules, regu~ations and official policies in force _,.:_ at the time of the executaon of this Agreernent. This Agreement c~oes not prevent the County in subsequent actions applicable to the real property from applying new rules, zegu~ations and policies which do not conflict with those rules, regulations and policies applicable to properiy as set forth in this Section 12. This Agreement does not prevent the County from denying or conditionally approvi.ng any subsequent de~elopment project application on the basis o£ then ex~sting rules, regulations and policies. 9 _ ~4-020~5 ~a 13. Periodic Review o~ co~n~liance with_A rg eemen~. (a) The County shall review this Agreement at least once every twelve-month period from the date this Agreement is executed. (b} During each periodic review by the County, the Property Owner is requiared to demonstrate good faitk~ compliance v~rith the terms of the A~reement. 'The Property awner agrees to furnish such evidence of good faith compliance as t~e County in the exercise of its discretion may req~ire. (c) If construction does not begin within five (5) years of the effective date of this agreemsnt, the County and Property 4wn~r shall review the Agreement for possible amendment to the standards listed in Sections 1Q and 11 of t~ais Agreement. Such a review shall be conducted at the end of each subsequent 5 year period during #he terzn of this Agreernent. (d} During the periodic review at the end of the twenty (20) yeazs, the parties shall consider an extension of the terrn of this De~elopment Agreement. 14. Amendment or Cancellation of A re~nt. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Govemment Code Sections 65867, 65867.5, 65868 and 658b9.5. 15. Enforcement. Unless amended or canceled as prov~ded in Section 14, this Agreement is enforceable by any party to it regardless of a:.rry cbange in the applicable general or specific plan, zoning, subdivision or building regulations adopted by the County which alter or amend the ru.l.es, reguiations or policies governing permitted uses of the Iand, d~nsity, design, improvement and constn~ctior~ standards and specifications. ~6. Events of Default. Property 4wner is in default under this Agreement upon the happening o~ one or more o~ the fo~lowing events or conditions: 10 ~~-0~0~5 ~~ (a) If a material warranty, representation or statement made or fiarnished by Property ~wr~.er to the County contained in this Development Agreemen~ is £alse or proves to have been ~alse in any mater~al when i.t was Fnade. {b) A finding and determination b~+ the County made £ollowing a periodic review under the procedure provided for in Government Code Section b5865.1 that upon the basis of substantial evidence the Properiy 4wner has nvt c~mplied in good faith with one ar rnore of the ter~ns or conditions of this Agreement. 17. Procedure u on Default. (a) Upon t~e accunence of an event of default, the Coun~y may terminat~ or modify this Agreement in accordance with the procedwre adopted by ~YZe Count}+. (b) County does not waive any existing or future claim or defect in per~orniance , by Praperty Owner if on periodic review the County does not gropose to rnodify or terminate the Agreement because of such ciaim or defect. (c) Non-per~a~rmance shall not be excused because of a faiiuze of a third person. (d) Tha~ adoption of a law or other ~avernment activity male~ng perfoarmance by the applicant unprofitable or more difficuit or more expensive do~s not excuse the performance of the obligation by the Property Qwner. (e) Non-performa.nce shall be excuse~ only when it is prevented or delayed by acts of God or an emergency deciared by the President of the United States or Governar of the State of California. 18. Dama~es u~on Termznation. In no event shall Properiy Owner be entitled to any damages against Co~nty upon termination af this Agreement. 19. Attarn~v's Fees and Costs. If legal action by either party is brought becaus~ 11 . ~~-o~o~s ,a of breach of this Agreement or to enforce a provision of thzs Agreement, the prevailing party is entitled to reasonable attorney fees and co~rt costs. 20. Forurn. In the event of any legal proceedings of any nature, all parties agree the only fona.m with jurisdiction is the Bntte County Superior Court, Iocated in Oroville, California. 23.. Notices. All notices required or prov~.ded for under this Agreement shall be in writing and delivered ~n person or sent by certified mai~, postage prepaid. Natices required to be given to County shall be addressed as follows: County of Butte 25 County Center Drive Orovi.ile, Cali~ornia 95965 Notices required to be ~ ven to Property ~wrier shali addressed as follows: M. C . Horni.ng 2344 Cassandra Drive Oroville, CA 95965 A party may change the address by giving notice in writing to ~he other party and thereafter notices shall be addressed and transmitted to the new addr~ss. 22. Rules of construction and Miscellaneous Tez~ms. (a) T`he sin~ular includes the plural; the masculi.ne gender includes the ~feminine; "shall" is mandatory, "may" is pernussive. , {b) I~ a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) Yf there is more tha.n one signer of this Aa eement their obligations a~re joint an.d several. (d} The ti.me limits set fort~ in this A~ eement may be extended by mutuai consent of the parties in accozdance with the proceduzes for adoption of an 12 ,~ ~ .. 9~-ozo~5 l~ agreement. 23. Duration o~ A eeme ~t. This Agreemer~t shall e~ire twenty (20) years fram the date af its adoption. IN WXT'NESS WHEREOF, ~his Agreement has been exe,cuted by t~ e arties on the da and ear fiixst above writt . r ~ ~~ `f ~~` " Y Y ~ ~ . ~...~ ~.. ._ in~ Date ` fz-~r6-~ ~, Randy stin Date r,~ ; ~ ~ ,- ' ~ `~DEC 14 ~993 ~ Chai ~ an, Butte County Date Board of Supervisors Approved as to form , Butte County Counsel By: ~~ ~`~~ ATTEST: John Blacklock County Administra ' e Officer and Cl.erk of Boar $~: r~~ THE FQREG~iNG k~l5~'FiI~MEN'~ IS A CORRECT CQPY O~ THE OR1GtNAL ON F'ILE AIVD OF RECORD IIV THIS OFFlC~ AT~EST DATE C~err, o~ he o~r upervisars JOFE S. B C i.~CK in a for the C unty of Butte S t of Cali gy f]EpI~N 13 ~ ~ 1 ALL-PURPOSE ACKNOWLEDGMENT ~ ~, + ~ l 11 (~ `ti No.5793 t~ V J ;~ . ~tate of ~- ~• " ~ ~ Ci0Uf1~}/ O~ . . •• `~ ~~~ " -~ ~ I ,'S ' ; ~ : ~ ~ ~ ~ ' "-''"~ '~ ~~ ~ ~ i ~ f -' ~ On ~ ~` " ~ be#ore rrfe, `~ ' p~~ n f,l NAME, TI7LE OF OFFICER -~.G.;'JANE QOE, N07ARY PUBLIC' persanaliy ~ -OR- pro~ed to me on the basis of satisfactory evidence to be the person~s~ whose name(s~ islate subscribed to ihe within instn.~ment and ac- lcnawledged to me that he/~staelt#~ey executed the sarr~e ir~ hislta-e~lt#e~r authorized capacity{ies), and #hat by ~isl~+e~1t#~ir signature~s) on the instrument #he perso~lcs}, or the entity up~n behalf of which the ^rr~ pPT10NA~. SECTlON ~~ CAPACITY GLAIMED BY StGNER Though statute does not require the Notary to fiil in the daia below, doing so may prove imra[uable to persons retying on the document. ~ lNDlVIDUAL ~ CORPORATE OFFICER{S) n~Ess~ ~ PARTNER(S) ~ LIMI7ED ~ GENERAL ~ A~T~RNEY-lN-FACT ~ TRtJSTEE(S) [~ GIfARDEANICONSEf~VATOR [~ OT r.+~ persan(s) ac#ed, execu#ed the ~nstr~ment. S~~~E~ I~ REPRESE[~TlN~: . CAr:oE aoacH I NAME OF PERSON(5) OR ENTITY~IES} '~"~' COMiN. ~ 466956 ~ WITN~SS my hand official seal. z,.-cs - e Notary Public - Colifornia r $UTfE COUNN .°+ [vSy Comm. Exp+res AUG 7. 1998 ~ SIGIVATURE OF Ti07ARY OPT14NAl. SEGTIDN THIS CEFiTiF~CATE MIJST BE ATTACHED T~ TITLE OR TYPE OF DOCUMEfVT THE DOCUMENT ~ESCRIBED A~' RIGHT: Though the data requested here is rtot rgqui~Bd by law, it could prevent Traudutent reattachment a! this form. NUMBER OF PAGES DATE OF DQCI~MENT SIGN~R(S} OTHEFi THAN NAMED ABOVE ~t992 NATIONAI. NOTARY ASSOCfA7~DN • 8236 Remmat Ave., P.O. Box 7184 • Canoga Park, CA 913d9-718d e~~-PURPOSE ACKNOWLEDGMENT _ State of_~4 • ~~'~ ~ ~ ~ ° • Caunty o~._~?~• ~ ~ ~ ~:~ - ~ b •-I ~ ~ rA ! ~OG G~`-,. ~.~o';ZL-r-~ ~ b l~c. ~ OR before me, NAiNE, TiTLE OF OFFIGER - E.G.,'JAN~ dOE, NOFA Y PUBLIC' ~AT~ persana!!y [~ - OR -~ pro~ed to rne on the basis of satisfactary evjdence to be the person~,a~ whose name~.aj is/a.~e subseribed to the witE~in instrurner~t and ac- kr~owledged to me that hels~se/t~ ~xecuted the same in hislt~ltia.e.ia' authorizec! capacity{+es), and that by his/k~ef'It#e~r signat~re~s'j on #he instrument the person~sj, or the entity upon behalf of which th~e person~sjacted, executed the instn.rment. CAE20L ROACH a`~~ Cp~M' ~ 9684~' z WITNESS my hand an fficial seal. z : -~ ~ Notary Pub4ic -- Califamia ~ ~ ' •~• . = B!]TTF COUNN • luty Camm. Expires Al1G 7, 9498 } ~~ SIGNATURE 4F 1+SDTARY i~o. 5193 ~^ OPTIONA~ SECTI03~ ~^~ GAPAClTIf CLAIMED BY SlGt~ER 'Flwugh statute daes not requ9re 1he I~otary to fiEl in the data below, doing so may prove invaluahle to persans relying on the document. ~ INL71V1i~UA~ ^ coRpot~a,~~ o~F~cE~(s) Tk13.~(S1 ~ PAR7NER(S) ~ LlMITED ~ GENERAL ~•A'TTQRN~Y-tN-FAC7 ~ TRU51'EE(S) ~ GUAFiDlANICONSERVA~OR ~Ol'NE~ n,c n r,~ "f. _ i.u nfi-.~. SIG~IE~i IS REPRESENTIt~G: NAME OF PERSON(S) OR ENTfTY(IES) ~PTI~NAL SECTION THIS CERTIFICA~~ MUSI' BE ATTACHED TO TWE DdClfMEIVT DE5CFiIB~E7 AT RICa~'1T: Though the data requasted here 9s not required by law, it could pre~ant traudulent reattachment of this torm. TITLE OR TYPE OF DOCIfMEN~, NUM6ER OF PAGEB DATE OF DOCUNfENT SIGNER(S) ~TH~R THAN NAMEQ ABOV~ ~1992 NATfONAL NOTARY ASSOCIATIQN • 8236 Remmet A~e., P.O. Box 7184 • Canoga Parlc, CA 91309-718 ALL-PURPOSE /~C~CNOWLEDGMENT ~ State COU~1~/ O~ on ~ a~ -~~- q~ before me, DA'TE personally ~ persona!!y known to me - OR TITI.E OF pro~ed to rne on the basis of satisfactory e~idence to be the person~a'}' whose narne~s'J isl~e subscribec~ to the within ir~strument and ac- knowEedged to me tf~at ~e/shelt~ey executed the same in -kµs.lherlt~ie+~r authorized capacity{-~e~), and that by #~s/herlt~a+r s~gnature,(~jron #he ins#rument the persor~s~, or the en#ity upon beF~aff of which the person,(~j acted, exec~ated tf~e instr~ment. , • „w -. CAROL i~ACM GOMnA. # 988955 z W~TNESS m hand a official seal. i:'a Hotory RubEac - Califorrtia y Y ~ : :~: . ` BLITTE GOUN7V • Nly Comm. Expires AUG 7. 1995 ~ ~~ 5[GNATURE OF NOTARY OPTIDNAL SECTION THI5 CEF~7IFECATE MUST 8E AT~ACHED TO 7HE DOCUMENT R~SCRIBED A7' RIGF-lT: Though the data requesled here is not requiracE by taw, it cauld prevant fraudulant reattachment of this form. TITLE OR TYPE OF ~OCUMEf~T NUMBER OF PAGES DATE OF UOCU[N~NT StGNER(S) O~FiER THAN NA~AED ABOVE c]t992 NATEONAL NOTARY A550CIATION •$23b Flemmel Ave., P.O. Box 7184 • Canoga Park, CA 91304-7184 TM~ FOREGOING INS~RUMENT 1S A COFiR~C7 COPY OF THE ORIGINAL ON FIL~ AND Q~ ECORD I~V ~ffIS OFFICE ATfEST G,~TE_„~ ~~ ~~ CEer o: the Soard of Supen+isors .EQHf~ S. Bi..,4CK~~CK ir~ foE• th County of Butt$ of C i or~ia BY , nE~fJ~Y I % - ~ No 5193 ~ OPTIONAL SECTIUN ~~ CAPACI~If CUIiMED BY SIGNER Though stah~e does not reguire the Notary ta fill in the data beEow, doing so may prove invaluat~le to persons ralying an the docament ~ INDIVE~UAL ~ CORPORATE OFFECER(S) m~ss> ~ PARTN~R(S) ~ LIMITED ~ GENERAE. ~ ATTOR~tEY-IN-FACT [~ TREISTEE(S) ~ GUA~iDIAWCO~fSERVA70R ~ OS~R . SIGN~R 15 REPRESENTING: N OF PERSON{S} DR E (IE5) iR~¢~ ~ND 0~ D0~~1vT