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HomeMy WebLinkAboutContract 1484c-1484 ORIGINAL SURVEY PROFESSIONALS SERVICE AGREEMENT FOR FINAL MONUMENTATION OF CITY OF CATHEDRAL CITY TRACT NO. 28561 -1 This Agreement is made and entered into as of the _�J_ day of 444! , 2011, by and between the City of Cathedral City, a municipal corporation ("City") and PALLAMARY AND ASSOCIATES, a sole proprietorship ( "Survey Professional'): RECITALS A. Survey Professional is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Survey Professional possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Survey Professional to render professional services as set forth in this Agreement. AGREEMENT SERVICES OF CONSULTANT 1. Scope of Services; A. Survey Professional shall furnish the services described in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by this reference. Survey Professional shall provide said services at the time, place, and in the manner specified in the Scope of Services. B. At any time during the term of this Agreement, City may request that Survey Professional perform Extra Work. As used herein, Extra Work means any work that is determined by City to be necessary for the proper completion of the services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Survey Professional shall not perform, nor be compensated for, Extra Work without written authorization from City. Survey Professional shall perform the Extra Work in the manner specified in the Scope of Services. If any Extra Work is commissioned or requested, said work shall be billed at the rates set forth in Exhibit "C." Page 1 Survey Professional Services Agreement 2. Familiarity with Work A. Survey Professional warrants that it has thoroughly investigated and considered the scope of services, has carefully considered how the services should be performed and fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. B. If the services involve work upon any site, Survey Professional warrants that it has, or will, investigate the site and is or will be fully acquainted with the existing conditions, prior to commencement of services hereunder. Should the Survey Professional discover any latent or unknown conditions that may materially affect the performance of the services hereunder, it shall immediately inform the City of such fact and shall not proceed without written instructions from the City except at its own risk. 3. Standard of Care. Services shall be performed by Survey Professional in accordance with the "Land Surveyor's Act ", as contained in the State Business and Professions Code, the applicable provisions of Title 16, Chapter 5 of the California Code of Regulations, and generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Survey Professional's profession currently practicing in California. By delivery of completed work, Survey Professional certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws and the professional standard of care in California. Survey Professional shall perform such services and duties in conformance to and consistent with that degree of care and skill consistent with the generally accepted professional standards prevailing at the time the work is performed. 4. This paragraph intentionally left blank. 5. Independent Evaluation Survey Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, soils, climatic conditions, applicable federal, state and local laws and regulations, and all other contingencies or field survey considerations. Any data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local or other conditions is not warranted or guaranteed, either expressly or impliedly, by the City. 6. Licenses A. Survey Professional represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is legally required to practice its profession as well as perform the services as set forth Page 2 Survey Professional Services Agreement herein. B. Survey Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Survey Professional to practice its profession. 7. Special Requirements. Additional terms and conditions of this Agreement, if any, which are made part hereof are set forth in the Special Requirements, attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of the Special Requirements and any other provision of this Agreement, the Special Requirements shall govern. COMPENSATION 8. Contract Sum. Compensation to be paid to Survey Professional shall be in accordance with the Schedule of Charges set forth in Exhibit "C ", which is attached hereto and incorporated herein by reference. In no event shall Survey Professional's compensation exceed Thirty One Thousand Five Hundred dollars ($ 31,500) without additional written authorization from the City. 9. Payment Schedule A. Survey Professional shall submit monthly billings to City describing the work performed during the preceding month. Survey Professional's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. B. City shall review all invoices within five days receipt of same and City shall pay Survey Professional no later than 30 days after approval of the monthly invoice by City staff. C. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. City shall diligently review the work and services provided within 15 days of submission of the Survey Professional's final invoice and payment will be made no later than 45 days from the submission of Survey Professional's final bill unless the City disputes any of the work performed under this Agreement. In the event of such dispute, City shall notify the Survey Professional immediately of such issue. If City does not notify the Survey Professional within 15 days of receipt of the final bill, all work shall be deemed satisfactory and payment shall be made in full. PERFORMANCE SCHEDULE Page 3 Survey Professional Services Agreement f 3 V f 4 3 7 10. Time of Performance The services of Survey Professional are to commence upon execution of the Agreement, with work to be completed pursuant to the Performance Schedule, which is attached hereto as Exhibit "D" and is incorporated herein by this reference. 11. Time of Essence Time is of the essence in the performance of this Agreement. COORDINATION OF WORK 12. Independent Survey Professional Neither the City nor any of its employees shall have any control over the manner, mode or means by which Survey Professional, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Survey Professional's employees, servants, representatives, subcontractors, or agents, or in fixing their number, compensation or hours of service. It is understood that Survey Professional, in the performance of the work and services agreed to be performed, shall act as and be an independent consultant and shall not act as an agent or employee of the City. Survey Professional shall obtain no rights to retirement benefits that accrue to City's employees, and it hereby expressly waives any claim it may have to any such rights. 13. Conflicts of Interest A. Survey Professional (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Survey Professional's services hereunder. Survey Professional further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. B. The City has determined that Survey Professional is not a designated employee within the meaning of the Political Reform Act. 14. Subcontracting The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Survey Professional. The parties also recognize that a portion of the work under this Agreement may be subcontracted to another survey professional. In such case, Survey Professional shall be fully responsible to City for all acts or omissions of the subcontractor. Page 4 Survey Professional Services Agreement Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. RECORDS AND REPORTS 15. Ownership of Documents Survey Professional agrees to provide City, upon City's request, with electronic and /or reproducible copies of all field notes, calculations, plans, studies, documents and other writings prepared by and for Survey Professional, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, and such copies shall become the property of the City upon payment to Survey Professional for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Survey Professional or to any other party. 16. Confidentiality Survey Professional shall not use the City's name or insignia, photographs relating to project for which Survey Professional's services are rendered, or any publicity pertaining to the Survey Professional's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 17. Books and Records. A. Survey Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Survey Professional to this Agreement. B. Survey Professional shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Survey Professional's address indicated for receipt of notices in this Agreement. Page 5 Survey Professional Services Agreement D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Survey Professional's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Survey Professional, Survey Professional's representatives, or successor -in- interest. INSURANCES 18. Insurance Requirements A. Policies. Survey Professional, at its own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. 1. Workers Compensation Coverage Survey Professional shall maintain Workers Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Survey Professional shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Survey Professional for City. This provision shall not apply if Survey Professional has no employees performing work under this Agreement. If the Survey Professional has no employees for the purposes of this Agreement, Survey Professional shall sign the Certificate of Exemption from Workers Compensation Insurance attached hereto as Exhibit "E ", and incorporated herein by reference. 2. General Liability Coverage Survey Professional and its subcontractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage Survey Professional shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Survey Professional arising out of or in connection with the work to be Page 6 Survey Professional Services Agreement i I 1 performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage Survey Professional shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Survey Professional's operations under this Agreement, whether such operations by the Survey Professional or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) per occurrence. B. Endorsements Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured's with respect to liability arising out of work performed by or on behalf of the Survey Professional, including materials, parts or equipment furnished in connection with such work or operations. 2. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any _ insurance maintained by the City, including any self- insured retention the City may have shall be considered excess insurance only and shall not contribute with it. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Page 7 Survey Professional Services Agreement { Survey Professional shall demonstrate financial capability for payment of such deductibles or self- insured retentions. D. Certificates of Insurance Survey Professional shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. E. Subcontractor May Provide Required Coverages If a subcontractor is used by Survey Professional, the Subcontractor may provide all of the above workers compensation insurance coverage, liability insurance, auto insurance, and other insurance coverages, endorsements and documentation, provided such insurance and policies include and name the Survey Professional as an also insured or co- insured, cover the Survey Professional to the minimum limits specified above, and contain the endorsements and other provisions as required herein. 19. Indemnify. To the fullest extent permitted by law, the Survey Professional F shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Survey Professional or the acts or omissions of an employee, agent or subcontractor of the Survey Professional. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this section are not limited by the provisions of this Agreement relating to insurance. g ENFORCEMENT OF AGREEMENT i 20. Entire Agreement This Agreement constitutes the complete and exclusive statement of Agreement between the City and Survey Professional. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 21. Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provisions under this Agreement. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. w Page 8 Survey Professional Services Agreement t k 22. Rights and Remedies Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 23. Controlling Law Venue The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys Fees If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys fees. 25. Execution This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement Survey Professional has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 1 27. Termination City may terminate this Agreement immediately for cause. City may terminate this Agreement without cause upon fifteen days written notice of termination. Upon termination, Survey Professional shall be entitled to compensation for services performed up to the effective date of termination. MISCELLANEOUS 28. Notices Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: Donald E. Bradley, City Manager Page 9 Survey Professional Services Agreement g e City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 If to Consultant: Michael J. Pallamary, PLS Pallamary & Associates 7755 Fay Avenue, Suite J La Jolla, CA 92037 (858) 454 -4094 29. Amendments This Agreement may be modified or amended only by a written document executed by both Survey Professional and City and approved as to form by the City Attorney and Survey Professional. 30. Waiver of City Fees. City hereby waives any and all fees associated with the review or processing of any Certificates of Correction as provided for under the Subdivision Map Act and /or the Land Surveyors Act as such costs, if any, shall be borne by the City. 31. Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 32. Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. CITY OFFICERS AND EMPLOYEES 33. Non - liability of City Officers and Employees No officer or employee of the City shall be personally liable to the Survey Professional, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Survey Professional or to its successor, or for breach of any obligation of the terms of this Agreement. 34. Prohibited Interests Survey Professional maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Survey Professional, to solicit or secure this Agreement. Further, Survey Professional warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Survey Professional, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Page 10 Survey Professional Services Agreement 35. Equal Opportunity Employment Survey Professional represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, natural origin, physical handicap, sexual orientation or domestic partnership status. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF CATHEDRAL CITY PALLAMARY & ASSOCIATES V I 11F -r9 yr Donald E. Bradley, City Manager Acha. Pallam L Ow A f Pat Hammers, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM: �, '°�' illiam O. Bayne, P.E., City Engineer �r City Attorney a Page 11 Survey Professional Services Agreement EXHIBIT "A" SCOPE OF SERVICES 1. Set and /or tag the boundary monuments shown on subject map including the setting of 1" iron pipes at all front and rear lot corners. 2. Set 1" iron pipes at all centerline monuments in lieu of discontinued copperwelds. 3. Prepare centerline monument ties and provide to City. 4. Prepare a list of the change of character of final monuments caused by improvements constructed at perimeter of tract map including, but not limited to fences, walls, drain lines, pipes and other improvements. 5. Prepare and process a Certificate of Correction to the satisfaction of the City reflecting all changes noted in 4 above. 6. Prepare and process a Certificate of Correction to the satisfaction of the City addressing the monuments placed or not placed for Parcel Map 28749 filed in Book 194, pages 12 through 15 in the book of Parcel Maps in Riverside County. s J I z 4 Page 12 Survey Professional Services Agreement EXHIBIT "B" SPECIAL REQUIREMENTS City and Survey Professional acknowledge that one or more of the survey monuments to be set pursuant to this Agreement may be located in a sensitive location such as in a yard, building, pool, patio or on a fence or other physical improvement. If the placement of the proposed survey monument would result in the damage or destruction of any of said improvements, the Survey Professional shall either place an offset monument or reference monument to the corner intended to be marked by the monument or he shall not set any monument at all. All such revisions or modifications, if any, shall be documented on the Certificate of Correction(s) contemplated under this Agreement. City and Survey Professional acknowledge that additional work within the subject tract was performed by private surveyor Phillip K. Fomotor, California Licensed Land Surveyor No. 7070 ( "Fomotor ") including, but not limited to the preparation and processing of Tract Map No. 28561, filed in Book 343, pages 15 through 22 in book of tract maps. Said map purports to find survey monuments purportedly set by Survey Professional pursuant to the notations and information shown on Tract 28561 -1. City and Survey Professional acknowledge that these monuments were never set by the Survey Professional. No representation is made herein nor is any liability accepted or assumed by Survey Professional for any and all conflicts with the work purportedly performed by Fomotor. i I I � €is F f _ g Page 13 Survey Professional Services Agreement 1 EXHIBIT "C" SCHEDULE OF CHARGES OFFICE ENGINEERING PRINCIPAL LAND USE CONSULTANT $285.00 /hour PRINCIPAL SURVEYOR $245.00 /hour CHIEF ENGINEER $245.00 /hour PROJECT MANAGER $195.00 /hour GIS ANALYST $215.00 /hour PROJECT SURVEYOR $175.00 /hour CAD COMPUTER OPERATOR $155.00 /hour ENGINEER AIDE $ 95.00 /hour FIELD ENGINEERING 3 PERSON SURVEY CREW $315.00 /hour 2 PERSON SURVEY CREW $255.00 /hour PLANNING PROJECT PLANNER $195.00 /hour SENIOR PLANNER $175.00 /hour PLANNER $125.00 /hour SPECIAL SERVICES DATA PROCESSOR WITH OPERATOR $105.00 /hour DOCUMENT RESEARCH $135.00 /hour CLERICAL $ 95.00 /hour CONSULTANTS, SUBSISTENCE, OUTSIDE REPRODUCTION, ETC. Cost + 15% GIS DATABASE RECORD ACCESS $125.00 (Lump Sum) EXPERT WITNESSING PRINCIPAUSENIOR EXPERT (DEPOSITION, ARBITRATION, MEDIATION, TRIAL) $410.00 /hour CALENDARING AND STANDBY FEE • $1500.00 retainer fee to be charged upon firm member being named an expert witness. fitness. l; • $450.00 /day standby fee when placed on 24 hour notice for deposition, arbitration, settlement conference or trial. • Minimum charge is a half -day fee. • All fees are standard, non negotiated and subject to change. t i Page 14 Survey Professional Services Agreement a t • 90 days after a file is closed, there will be an archival file recovery fee Of $150.00 in addition to reproduction costs, if requested. a. I gg Page 15 Survey Professional Services Agreement EXHIBIT "D" PERFORMANCE SCHEDULE 1 Preparation of calculation sheets and recovery of survey control. Three weeks from date of authorization. 2 Placement of survey markers at lot corners and subdivision corners. Six weeks from date of authorization. i 3 Preparation of Certificate of Correction and submittal to City. 1 Eight weeks from date of authorization. Note: It is assumed that City will require two weeks' time to review, comment, and /or approve the Certificate of Correction. 4 Completion of all work and submission of Certificate of Correction for recordation with the County Recorder. Ten weeks from date of authorization. Note: It is assumed that the Certificate of Correction(s) will be filed at the request of the City and as such, all County fees shall be waived. In the event the County Recorder requires any additional fees associated with recordation of the Certificate of Correction(s), City shall be responsible for said fees. 3 t 8 Page 16 1 Survey Professional Services Agreement i 8 EXHIBIT "E" CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers Compensation Laws of the Sate of California. c� I Executed on this ! day of -P , 2011 at California. urvey Profe onal ( i y 4 (To be signed if the Survey P ofesslonal has no employees performing work under the Agreement) I t i Page 17 Survey Professional Services Agreement { :3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On YU a before me, ih2 a pH. Insert Nam and Title of the Officer personally appeared /"� �a t/OSC � t 'j, Names) of Signer(s) 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 that he he /they executed the same in&iIer /their authorized capacity(ies), and that b hi her /their signature(s) on the instrument the person(s), or the entity upon behalf of MACM which the person(s) acted, executed the instrument. r ,y MMMV /1Me -CND I certify under PENALTY OF PERJURY under the laws Mi101W dV of the State of California that the foregoing paragraph is ! true and corr i WITNESS y han and o 'cial s Signatur Place Notary Seal Above Signature of Notary Public j OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact • 11 Trustee Top of thumb here 11 Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: r Signer Is Representing: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., P.O. 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