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HomeMy WebLinkAboutDeed 1448-B i DOC #2012-0300737 • 1448-B 06/28/2012 04:14 PM Fees: $51.00 r9 Recording Requested By Page 1 of 13 Recorded in Official Records 1 First American Title Company County of Riverside Larry W. Ward RECORDING REQUESTED BY: ) Assessor, County Clerk & Recorder I CITY OF CATHEDRAL CITY AS ) SUCCESSOR AGENCY TO THE ) '"'This document was electronically submitted REDEVELOPMENT AGENCY OF ) to the County of Riverside for recording ** THE CITY OF CATHEDRAL CITY ) Receipted by: MCASTRO t AND WHEN RECORDED RETURN TO: ) S ) CITY OF CATHEDRAL CITY AS ) I SUCCESSOR AGENCY TO THE ) 1 REDEVELOPMENT AGENCY OF ) THE CITY OF CATHEDRAL CITY ) 68 -700 Avenida Lalo Guerrero ) Cathedral City, CA 92234 ) 1 Attn: Agency Secretary ) i t (Space Above for Recorder's Use) V©r z83 2. — zZ Exempt from Recording Fees Per Government Code Section 27383 g DECLARATION OF REDEVELOPMENT COVENANTS 1 THIS DECLARATION OF REDEVELOPMENT COVENANTS (this "Declaration ") is made on June 25, 2012, by the City of Cathedral City as Successor Agency to the Redevelopment Agency of the City of Cathedral City, an incorporated city, 3 ( "Declarant ") with respect to certain real property located in the City of Cathedral City, County of Riverside, California, as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "). WHEREAS, Declarant is the fee simple owner of the Property; and t 1 WHEREAS, the Redevelopment Agency of the City of 1 Cathedral City (the "Agency "), on the one hand, and M & M k Property Company, a California limited liability company, on the other hand (the "Developer "),entered into that certain Disposition and Development Agreement dated, for reference purposes only, as of June 22, 2011 with respect to the Developer's development of the Property (the "DDA "); and WHEREAS, as of February 1, 2012, the Agency was dissolved by virtue of Health & Safety Code Section 34172, and its rights, powers, duties and obligations, other than the Agency's housing assets and functions, were transferred to the City of Cathedral City (the "City ") as the Successor Agency under Health & Safety Code Section 34173. As the Successor Agency, the City is vested with all authority, rights, powers, = Recording Requested By First American Title Company RECORDING REQUESTED BY: ) CITY OF CATHEDRAL CITY AS ) SUCCESSOR AGENCY TO THE ) REDEVELOPMENT AGENCY OF ) THE CITY OF CATHEDRAL CITY ) ) AND WHEN RECORDED RETURN TO: ) CITY OF CATHEDRAL CITY AS ) SUCCESSOR AGENCY TO THE ) REDEVELOPMENT AGENCY OF ) THE CITY OF CATHEDRAL CITY ) 68 -700 Avenida Lalo Guerrero ) Cathedral City, CA 92234 ) Attn: Agency Secretary ) ©� 2;1- (Space Above for Recorder's Use) Y 2 Exempt from Recording Fees Per Government Code Section 27383 DECLARATION OF REDEVELOPMENT COVENANTS THIS DECLARATION OF REDEVELOPMENT COVENANTS (this "Declaration ") is made on June 25, 2012, by the City of Cathedral City as Successor Agency to the Redevelopment Agency of the City of Cathedral City, an incorporated city, ( "Declarant ") with respect to certain real property located in ' the City of Cathedral City, County of Riverside, California, as ' more fully described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "). WHEREAS, Declarant is the fee simple owner of the Property; and WHEREAS, the Redevelopment Agency of the City of Cathedral City (the "Agency "), on the one hand, and M & M Property Company, a California limited liability company, on the other hand (the "Developer "),entered into that certain Disposition and Development Agreement dated, for reference purposes only, as of June 22, 2011 with respect to the Developer's development of the Property (the "DDA "); and WHEREAS, as of February 1, 2012, the Agency was dissolved by virtue of Health & Safety Code Section 34172, and its rights, powers, duties and obligations, other than the Agency's housing assets and functions, were transferred to the City of Cathedral City (the "City ") as the Successor Agency under Health & Safety Code Section 34173. As the Successor Agency, the City is vested with all authority, g y, y y, rights, powers, duties and obligations previously vested in the Agency, except for the Agency's housing assets and functions, and except to the extent repealed, restricted or revised pursuant to Assembly Bill X1 26. WHEREAS, Pursuant to the terms and conditions of the DDA, the Developer has agreed to develop the Project (as defined in the DDA) on the Property subject to certain covenants thereupon; and WHEREAS, Declarant desires this Declaration to serve as the instrument to impose said covenants. J NOW THEREFORE, Declarant declares that the Property described above is held and will be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, restrictions and limitations set forth in this Declaration, all of which are in accordance with the requirements of the DDA. All of the restrictions, covenants and limitations will run with the land and will be binding on all t parties having or acquiring any right, title or interest in the Property described above or any part thereof, and to any improvements located thereon, and will inure to the benefit of the Declarant and to the City of Cathedral City. Each grantee of a conveyance or purchaser under a contract or agreement of sale covering any right, title or interest in any part of the Property, by accepting a deed or a contract of sale or agreement of purchase, accepts the document subject to, and agrees to be bound by, any and all of the restrictions, covenants and limitations set forth in this Declaration. 1. Capitalized Terms. All capitalized terms not otherwise defined herein shall have the same meaning ascribed to them by the DDA, unless the context clearly indicates a different meaning. 2. Redevelopment Covenants. The covenants which shall bind the Property and the improvements thereon are as follows: (a) The work of the redevelopment of the Property or part or parts thereof as provided in the DDA shall be implemented at the times and in the manner as intended by the DDA. (b) Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, or any part thereof, that Developer, such successors and such assigns shall maintain in good condition the improvements on the Property, shall keep the Property free from any accumulation of debris or waste material, subject to normal construction job -site conditions, and shall maintain in a neat, orderly, healthy and good condition the landscaping required to be planted in accordance with the Scope of Development. The Developer shall include similar obligations in any lease of the Project. In the event Developer, or its successors or assigns, fails to perform the maintenance as required herein, Declarant and /or the City shall have the right, but not the obligation, to enter the Property and undertake such maintenance activities. In such event, Developer shall reimburse Declarant and /or the City for all reasonable sums incurred by it for such maintenance activities. (c) After the satisfactory completion of the Project in compliance with the DDA, the Property shall be devoted to the uses specified in the DDA, consistent with the Redevelopment Plan and shall not, in whole or in part, be devoted to any other use or used for any other purposes except as may be approved by Declarant or the City in writing in advance. The Developer shall include in any lease of the Project a covenant to operate a new car dealership for a period of not less than ten (10) years. (d) Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, or any portion thereof, that upon completion of construction, Developer covenants to maintain in constant operation a new car automobile dealership and related facilities on the Property for a period of not less than ten (10) years from the recording of this Declaration. The Developer shall include in any lease of the Project a covenant to operate a new car dealership for a period of not less than ten (10) years. A change of use during said period is subject to the prior written approval of Declarant or the City, which approval shall be given or denied in the Declarant's, or the City's, sole discretion. (e) After the satisfactory completion of the Project in compliance with the DDA, neither Developer, nor its assigns or successors in interest to the Property, shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or any portion thereof to any entity or party, or for any use of the Property, that is partially or wholly exempt from the payment of real property taxes pertinent to the Property, or any portion thereof, or which would cause the exemption of the payment of all or any portion of such real property taxes. Furthermore, Developer agrees not to challenge or appeal any assessed valuation designation of the County of Riverside (the "County ") which would affect the receipt by Declarant or other affected taxing entities of real property taxes on the Property, provided, however, that Developer shall be permitted to challenge or appeal the assessed valuation of the Property following the initial reassessment of the Property by the County upon completion of the Project to the extent that the assessed valuation exceeds the fair market value of the Property at the time of the reassessment. (f) After a Certificate of Completion is issued for the Project, the Declarant and Developer acknowledge and agree that Developer may sell the Property, or any portion thereof, subject to this Declaration and any terms contained in the Grant Deed. (g) Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and } paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property; nor shall Developer, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees of the Property. Declarant declares that the covenants set forth in this paragraph g shall bind Declarant, for itself and its successors and assigns, and all subsequent holders of any interest in the Properties. The covenants set forth in this paragraph g shall be covenants running with the land and shall consist of the following: (1) In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are • defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. (2) In leases: "The Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: { "That there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. (3) In contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy i of tenants, lessees, subtenants, sublessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. The foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. The foregoing covenants shall remain in effect in perpetuity. s (h) After the satisfactory completion of the Project in compliance with the DDA, Developer recognizes and acknowledges that the construction of the Project may create a new demand for City of Cathedral City (the "City ") services, which the City lacks the ability to fund. For that reason, Declarant declares that all successors in title to the Properties shall be bound to the covenants as set forth herein below. (1) The City is reviewing the creation of a 1 landscape and lighting district in the area where the Project is to be located, or, alternatively, the annexation of the Property 1 into an existing City district. Such a district would assist the City in paying for the lighting and landscaping in the area, thus enabling it to install and maintain such amenities to the general benefit of the area and the specific benefit of the Project. Such a district would equitably apportion the costs among the benefitted land owners. Declarant covenants and agrees, for itself and its successors and assigns, including Developer, and Developer agrees in its lease agreements to impose identical obligations on each tenant, that it will participate in such a district for the life of the district, will vote in favor of its formation, or for annexation into an existing district, as applicable, if a vote is required, will otherwise support and not oppose the formation of the district or the annexation, and will pay when due the assessments apportioned to it. Declarant declares and binds all of its successors and assigns, including Developer, that it will impose an identical obligation on all tenants of any retail or commercial space located in the Project or on the Property, and will include this obligation in every lease for such space. (2) The City is also reviewing the formation of a business improvement district in the area where the Project is ' to be located. Such a district would provide assistance to all businesses within the district for a variety of purposes, each of which would be designed to generate patronage for such businesses. Such a district would assess business owners in the district on an equitable basis for its share of the costs expended for the mutual benefit of the businesses in the area. Declarant covenants and agrees, for itself and its successors and assigns, including Developer, and agrees in its lease agreements to impose similar obligations on each tenant, that it will participate in such a district for the life of the district, will vote in favor of its formation if a vote is required, will otherwise support and not oppose the formation of the district and will pay when due the assessments apportioned to it. Developer agrees that it will impose an identical obligation on all tenants of any retail or commercial space located in the Project or on the Property, and will include this obligation in every lease for such space. (i) All leases, rental agreements or similar conveyances of a real property interest in the Property or any portion thereof shall include the terms and conditions (as applicable) set forth below unless expressly relieved of said covenant in writing by Declarant or the City. This covenant shall remain in effect for the life of Redevelopment Plan, as extended from time to time, unless indicated otherwise. 1 3. Obligation to Refrain from Discrimination. The Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and 3 this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. 4. Effect of Covenants. (a) All of the foregoing agreements and covenants shall run with the land, and shall inure to the benefit of and be enforceable by Declarant, the City, and their successors and assigns. (b) It is the intent hereof that the provisions of this Declaration shall survive the termination of the other operative provisions of the DDA and the issuance and /or recordation of the Certificate of Completion and, unless otherwise specified, shall remain in effect for the duration of the Redevelopment Plan, as amended from time to time. The covenants set forth hereinabove shall run in favor of Declarant and City for the entire period during which such covenants are to remain in force in accordance with the foregoing, and shall be in effect without regard to whether Declarant or City has at any time been, remains, or is an owner of any land or interest therein to which these covenants relate. In the event of any breach of these covenants, Declarant and City shall have the right to exercise all the rights and remedies available at law or in equity to enforce the curing of such breach. 5. Events of Default; Enforcement. In the event of a default in the performance or observance of any covenant, agreement or obligation as set forth in this Declaration and, if such default remains uncured for a period of thirty (30) days after notice thereof shall have been given by Declarant or the City, or their successors, such longer period as may be approved by Declarant in writing in its sole discretion, then the Declarant or the City may declare that an Event of Default has occurred hereunder and may take any one or more of the following steps, at its option: (a) By mandamus or other suit, action or proceeding at law or in equity, require Developer or its successors in interest to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of Declarant hereunder; and (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder; and (c) No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right against or recover for the continuation or repetition of a � such breach or violation or any similar breach or violation thereof at any later time or times. 6. Attorneys' Fees. In any legal proceeding to enforce the terms of or restrain a violation of this Declaration, the prevailing party or parties shall be entitled to reimbursement of attorneys' fees from the other party or 4 parties in an amount fixed by the court in the proceeding. 7. Amendments. This Declaration may only be amended in writing by an instrument signed by the authorized representative of Declarant, or if Declarant has ceased to exist and there is no successor to the Agency, then by a representative of the City, and the then record owner or owners of the Property. 8. Severability. If any provision of this Declaration shall be invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any Constitution or Statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provisions in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Declaration shall not affect the remaining portions of this Declaration or any part hereof. 9. Headings. The section headings are not part of this Declaration and will not affect the interpretation of any provisions hereof. 10. Time of the Essence. In each provision of this Declaration which states a specific amount of time within which the requirements thereof are to be satisfied or are to persist, time shall be deemed to be of the essence. 11. Notices. Any notice required to be given hereunder shall be given by personal delivery or by registered or certified mail at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto: To Declarant: c/o Nicholas P. Hulchiy, Esq. 3650 Mt. Diablo Blvd. Ste. 130 Lafayette, CA 94549 -3765 If to the Agency: The City of Cathedral City Civic Center 68 -700 Avenida Lalo Guerrero Cathedral City, California 92234 Attn: Executive Director With a copy to: Green, de Bortnowsky and Quintanilla 23801 Calabasas Road, Suite 1015 Calabasas, California 91302 Attn: Charles R. Green Notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when received. A party's address for notice may be changed by giving notice to the other party in the manner set forth above and indicating the new address for notice. IN WITNESS WHEREOF, Declarant has executed this Declaration on the date first written above, k "DECLARANT" CITY OF CATHEDRAL CITY AS SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY (1 B Y• = Donald E. Bradle City Manager EXHIBIT "A" BEING PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SBM, DESCRIBED AS FOLLOWS: A PORTION OF PARCELS 18, 19, 20 AND THE AREA SHOWN BETWEEN SAID PARCELS 18 AND 19 OF PARCEL MAP NO. 8635 AS SHOWN BY MAP ON FILE IN BOOK 38 PAGES 65 THROUGH 67 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF LOT B OF LLA 2008-453, RECORDED 12/02/10 AS DOCUMENT NO. 2010-0577274, O.R.; TOGETHER WITH A PORTION OF SAID SECTION 32 LYING SOUTHWESTERLY OF SAID PARCEL MAP 8635, BEING MORE PARTICULLARY DESCRIBED IN ENTIRETY AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 20, THENCE SOUTH 34°11'22" WEST ALONG THE WEST LINE OF SAID PARCEL 20 A DISTANCE OF 26.00 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE PER INSTRUMENT NO. 281045, RECORDED 9/29/87, O.R. AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34°11'22" WEST ALONG SAID WEST LINE A DISTANCE OF 251.10 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 20: THENCE NORTH 56°34'10" WEST ALONG 'THE SOUTHERLY LINE OF SAID PARCEL MAP NO 8635 A DISTANCE OF 21.00 FEET: THENCE SOUTH 34°19'00" WEST PERPENDICULAR TO THE CENTERLINE OF EAST PALM CANYON DRIVE AND SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 110.85 FEET TO THE BEGINING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°46'16" A DISTANCE OF 23.36 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 56.00 FEET; THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC OF LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 224°51'36" A DISTANCE OF 219.78 FEET; THENCE SOUTH 55°41'00" EAST PARALLEL WITH THE SAID CENTERLINE A DISTANCE OF 271.91 FEET TO A POINT LYING ON THE EASTERLY LINE OF LOT B OF LLA 2008-453 RECORDED 12/02/2010 AS DOCUMENT NO. 2010-0577274, O.R.; THENCE NORTH 34°19'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 316.02 FEET TO THE SOUTHEAST CORNER OF PARCEL 18 OF SAID PARCEL MAP NO. 8635; Page 1 of 2 } THENCE NORTH 33 °39'25" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 18 A DISTANCE OF 123.90 TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE PER INSTRUMENT NO 147633, RECORDED 4/30/97, O.R.; THENCE NORTH 55 °41'00" WEST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 129.62 FEET TO A POINT LYING ON THE EASTERLY LINE OF PARCEL 19 OF SAID PARCEL MAP NO. 8635; THENCE SOUTH 34 °39'58" WEST ALONG SAID EASTERLY LINE OF PARCEL 19 A DISTANCE OF 1.00 FOOT TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF EAST PALM CANYON DRIVE PER INSTRUMENT NO. 281045 RECORDED 9/29/87, O.R.; THENCE NORTH 55 °41'00" WEST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 196.41 FEET TO THE TRUE POINT OF BEGINNING. This description was prepared by me or under my direction. J. Van /L4`a 4 ��/ * osigta i teven J. Va P.L.S. 6500 or My license pires 6/30/13 Page 2 of 2 ACKNOWLEDGMENT State of California ) ) ss. County of Riverside ) On June 25, 2012 before me, Josefina Meza, Notary Public Date personally appeared Donald E. Bradley fi who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature, on the instrument the person, or JOSEFINA MEZA the entity upon behalf of which the person acted, executed the 4 1 ornrnissn#1857 306 z instrument. a e Notary Public - California z i yg Riverside County I certify under PENALTY OF PERJURY under the laws of the State Comm. Expires Jul 10, 2013 t of California that the foregoing paragraph is true and correct. WITNSS hand and official seal. Atf 2 Place Notary Seal Above Signature of Notary P6ic lV/ } 1 k 1