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Home My WebLink AboutCDC/2004-32 RESOLUTION NO. CDC/2004-32 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 PROPERTY OWNER PARTICIPATION AGREEMENT WITH MR. REYES ET AL ("OWNERS") FOR THE DEVELOPMENT OF A SINGLE-FAMILY HOME ON THE PROPERTY (APN: 0135-292-09) LOCATED ON EAST KING STREET (MEADOWBROOK PARK NEIGHBORHOOD-IVDA PROJECT AREA). 3 4 5 6 7 8 WHEREAS, on January 3, 2003, the Community Development Commission approved the Meadowbrook Single Family Residential Grant Agreement with ANR Industries Inc. 9 10 ("ANR") for the development of twenty-three new single family homes for sale and occupancy by homebuyers; and II 12 WHEREAS, the Redevelopment Agency ("Agency") has embarked on a program to 13 acquire properties in the Meadowbrook Park Neighborhood in order to prevent and eliminate 14 the spread of blight and provide for the expansion of the community's supply of affordable 15 housing for persons and families of low and moderate income and to provide for the relocation 16 of persons and households occupying substandard dwelling units into safe, sanitary and decent 17 housing; and WHEREAS, the Agency has identified certain properties for acquisition and assembly 18 for the future development of affordable infill housing within the Meadowbrook Park 19 20 Neighborhood. which would include acquisition by exercise of the power of condemnation pursuant to the Eminent Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and 21 WHEREAS, Mr. Reyes et al. (Owners) of the property (APN: 0135-292-09) located on 22 East King Street, (the "Property") is among the properties identified for possible acquisition and Owners have represented to the Agency that in lieu of the Agency exercising the powers of 23 24 condemnation pursuant to Eminent Domain Law, Owner shall construct or caused to be 25 constructed, a single family home which shall be owned and occupied by a purchaser who agrees in writing to occupy the Property as a primary residence; and -1- J>:\Agt'II{I;IS\Rt'sollllions\Rcs()llIliulls\2()O~\tl4-118-16 MClldnwh."ook Coop Agr CDC Rcso.doc CDC/2004-32 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE 2004 PROPERTY OWNER PARTICIPATION AGREEMENT WITH MR. REYES ET AL ("OWNERS") FOR THE DEVELOPMENT OF A SINGLE-FAMILY HOME ON THE PROPERTY (APN: 0135-292-09) LOCATED ON EAST KING STREET (MEADOWBROOK PARK NEIGHBORHOOD-IVDA PROJECT AREA). 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Community Development Commission of the City of San Bernardino at a j t. reg. meeting 8 thereof, held on the 16th day of August , 2004, by the following vote to wit: 9 Commission Members: 10 Ayes Nays X X X - ~ ~ X Abstain Absent 11 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON 12 13 14 15 16 d -- tftiJ~;:: / se~'y I The foregoing resolution is hereby approved this 11:11-1 day of August ,2004. MC CAMMACK X 17 18 19 20 21 22 ith alles, Chairperson C mmunity Development Commission o the City of San Bernardino 23 24 25 By: -3- P:\Agendas\Resolutiolls\Resolutiolls\2004\04-08-16 Meadowbrook COOl) Agr CDC Reso.doc CDC/2004-32 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 2004 PROPERTY OWNER PARTICIPATION AGREEMENT (Reyes et al.) THIS 2004 PROPERTY OWNER PARTICIPATION AGREEMENT (the "Agreement") is dated as of August 16,2004, by and among Jesse J. Reyes, Mike Mendoza, Richard Villa, Ben Castillas and Mateo Mike Gurra (collectively, the "Owners") and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"), and this Agreement is entered into with respect to the following facts: RECITALS WHEREAS, the Owners own the land (APN: 0135-292-09) situated East King Street, San Bernardino, California 92408 (the "Property"). The general location of the Property is shown on a vicinity map and legal description attached as Exhibit "A" and is incorporated by this reference; and WHEREAS, the Agency is in the process of identifying certain properties for acquisition and assembly for the future development of affordable infill housing within the Inland Valley Development Agency ("IVDA") Redevelopment Project Area in order to help eradicate blight and provide needed affordable housing, which could include acquisition by exercise of the power of condemnation pursuant to the Eminent Domain Law, Code ofCiv. Proc. Section 1230.010 et sea.; and WHEREAS, the Agency is interested in including the Property as part of the aforementioned infill housing project development; and WHEREAS, the Owners have represented to the Agency that, in lieu of the Agency exercising the powers of condemnation pursuant to the Eminent Domain Law, the Owners shall construct, or cause to be constructed, a single family home to be owned and occupied by the purchaser; and WHEREAS, the Agency and the Owners (the Agency and the Owners are sometimes referred to herein as the "Parties") are amenable to entering into this Agreement to set forth the respective duties of the Parties regarding the development of the Property by the Owner in lieu of condemnation of the Property by the Agency. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS OF THE PARTIES, THE OWNERS FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, AGREE: 4822-2026-7776.1 PI \Agendas\Agreements-Amendments\Agrmts-Amend 2004 \2004-Owner Participation Agreement. RDA Reyes.doc 1 CDC/2004-32 Section 1. Recitals. The matters set forth in the Recitals ofthis Agreement are true and correct and are material elements to the formation of this Agreement. Section 2. Effective Date of Agreement. This Agreement shall take effect following its approval by the Agency and execution by the parties. Section 3. Covenant of the Owners to Construct Single Family Residence ("SFR") on the Property. Subject to the terms of this Agreement, the Owners covenant and agree as follows: (a) Within three (3) months of the Effective Date of this Agreement, the Owners shall have, at the Owners' sole cost and expense, procured appropriate plans for the construction and installation of the SFR on the Property to be sold for occupancy by the purchaser (the "Plans"). The Plans shall be subject to the review and written approval of the Agency, which approval shall not be unreasonably withheld; (b) Within six (6) months ofthe Effective Date of this Agreement, the Owners shall, at the Owners' sole cost and expense, obtain all necessary permits and authorizations to proceed with the construction and installation of the SFR on the Property from the City and/or any other agency having jurisdiction over the construction and development of the Property; (c) Within nine (9) months of the Effective Date of this Agreement, the Owners shall commenced, construction of the SFR on the Property; (d) Within eighteen (18) months of the Effective Date of this Agreement, and in consideration of the Agency's agreement not to exercise its power of condemnation of the Property, the Owners shall construct at the Owners' sole cost and expense, one (1) single family residence on the Property, in accordance with all applicable zoning and building regulations of the City; (e) The Owners agree to allow the Agency or its agents upon prior notice at reasonable times to inspect 1) the building plans for the construction of the SFR on the Property and 2) the progress of construction of the SFR on the Property to ensure that the construction and installation of the SFR on the Property is occurring on a timely schedule and to the reasonable satisfaction of the Agency. (t) The Owners agree that the completed SFR will be sold only to a purchaser that promises in writing to occupy the SFR as the primary residence of the purchaser. The Owners agree that the Property shall not be rented, and that no person shall occupy the SFR, prior to sale to a purchaser that intends to occupy the SFR as a primary residence. Section 4. Agency Not to Request or Assist Housing Authority to Acquire Property. As the sole, exclusive and complete consideration for the Owners' covenants and performance obligations as described in Section 3, the Agency agrees that for the period described in Section 3(d), 4822-2026-7776.1 PI \Agendas\Agreements-Amendments\AgI1llts-Amend 2004\2004-Owner participation Agreement. RDA Reyes . doc 2 CDC/2004-32 above, the Agency shall not request, authorize or assist the Housing Authority to commence proceedings to acquire the Property by way ofthe exercise of condemnation powers ofthe Housing Authority for affordable housing development and operation purposes pursuant to the Eminent Domain Law, Code of Civ. Proc. Section 1230.010 et seQ. The Agency is hereby acknowledged by the Owners that in the event of a default on the part of the Owners with respect to any of the provisions described in Section 3, the Agency may exercise any lawful remedies on its part, including, but not limited to, the acquisition of the Property by eminent domain. Section 5. Defaults and Breach - General. Failure or delay by either party to perform any material term or provision of Section 3 and Section 4 of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party under Section 3 or Section 4 of this Agreement commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default. The party that claims a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default without delivering the written default notice. Any failure to delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. 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. In the event that a default of either party may remain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the party who is not in default shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. Section 6. Covenants Running With the Land. The provisions of this Agreement shall be covenants that run with the land and the Property for a term of twenty four (24) months from the date of approval of this Agreement by motion or resolution of the Agency, as applicable. This Agreement is expressly declared by the parties to be for the benefit of the Property and the IVDA Redevelopment Project Area. Section 7. Termination of Agreement. (a) Provided that the Owners are not in default under the Agreement, the Owners may jointly terminate this Agreement at their discretion for any reason within the first nine (9) months following the effective date and before the commencement of construction of the improvements of the SFR on the Property, as provided in Section 3, by serving written notice of termination of the 4822-2026-7776.1 PI \Agendae\Agreements-Amendments\Agrmts-Amend 2004 \2004-Owner participation Agreement. RDA Reyes . doc 3 CDC/2004-32 Agreement to the Agency which specifically refers to this Section 7 (a) ofthe Agreement. Upon receipt by the Agency of such written notice oftermination, and provided the Owners are not then in default, the Parties shall be mutually released from any further obligation that arises under this Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for affordable housing purposes by other applicable law. (b) The Agency may terminate this Agreement at its discretion upon serving written notice oftermination ofthe Agreement to the Owners that specifically refers to this Section 7(b) of the Agreement, in the event that the construction of the SFR on the Property has not been timely commenced for any reason within nine (9) months following the approval of this Agreement by the Agency. Upon receipt by the Owners of such written notice of termination, the Parties shall be mutually released from any further obligation that arises under this Agreement and provided the Owners are not then in default, the Parties shall be mutually released from any further obligation that arises under this Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for affordable housing purposes by other applicable law. Section 8. Representations and Warranties of the Owners. The Owners make the following representations and warranties to the Agency and the Owners acknowledge that execution ofthis Agreement by the Agency is made in material reliance by the Agency on such representations and warranties: (1) Owners have the legal right, power and Agency to enter into this Agreement, and the instruments and documents referenced herein and the Owners have taken all requisite action and obtained all requisite consents in connection with entering into this Agreement; (2) This Agreement has been duly executed by the Owners and shall be enforceable in accordance with its terms; (3) Execution of this Agreement shall not result in a breach of, nor constitute a default under any other agreement, document, instrument or other obligation to which the Owners are a party, or under law, statute, ordinance, rule, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Owners, or any of them, or to the Property; (4) Owners jointly own the fee title interest in the Property, subject only to the matters of record disclosed to the Agency; (5) Owners have the funds available to them to undertake the construction and installation of the SFR on the Property; (6) Owners shall carry out the construction of all improvements on the Property in conformity with all applicable laws, zoning ordinances and building codes; and 4822.2026-7776.1 PI \Agendas\Agreements-Amendments\Agrmts-Amend 2004 \2004-Owner Participation Agreement. RDA Reyes . doc 4 CDC/2004-32 (7) Owners shall, at their own cost and expense, secure or shall cause to be secured, any and all permits that may be required by the City or any other governmental entity having jurisdiction over the construction of the SFR on the Property. Section 9. Owners Indemnity. The Owners agree to indemnify and hold the Agency, its officials, officers, attorneys, employees and agents, harmless from and against all damages, judgments, costs, expenses and attorney's fees arising from or related to any act or omission of the Owners, or any of them, in performing their obligations hereunder. The Agency shall give the Owners written notice of the occurrence of a claim, litigation or other matters for which the Agency may seek indemnity under this Section 9 as promptly as practicable following the Agency's knowledge of the occurrence of such matter, and the Agency shall reasonably cooperate with the Owners in the defense of any such claim or matter and shall not take any action that would adversely affect the Owners' defense of such matter. Section 10. Owners Insurance. The Owners shall furnish, or shall cause to be furnished, to the Agency duplicate originals or appropriate certificates of comprehensive general liability insurance in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit, naming the Agency and the City as additional insureds. Such insurance shall cover comprehensive general liability including, but not limited to, contractual liability; acts of subcontractors; premises- operations; explosion, collapse and underground hazards, if applicable; broad form property damage, and personal injury including libel, slander and false arrest. In addition, the Owners shall provide to the Agency adequate proof of worker's compensation insurance coverage for its employees. Any and all insurance policies required hereunder shall be obtained from insurance companies admitted in the State of California and rated at least B+/ (viii) in the most current edition of the Best's Key Rating Guide: Property-Casualty. All such insurance policies shall provide that they may not be canceled unless the Agency receives written notice of cancellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and all insurance obtained by the Owners hereunder shall be primary to any and all insurance which the Agency may otherwise carry, including self insurance, which for all purposes of this Agreement shall be separate and apart from the requirements ofthis Agreement. Any and all insurance required hereunder shall be maintained and kept in force until end of the term of the construction covenants as set forth in Section 3 of this Agreement. Section 11. Notice of Memorandum of Agreement. The parties agree and declare that the successors and assigns of each shall be bound by the terms of this Agreement. The parties shall execute and the Agency shall cause to be recorded a Notice of Memorandum of this Agreement substantially in the form as attached hereto as Exhibit "B" and incorporated by this reference. Section 12. Subordination. If requested by the Owners' construction lender the Agency may waive, relinquish and subordinate any restrictions or covenants in favor of the Agency arising from this Agreement, to a Construction Loan obtained by Owners, which Construction Loan shall provide for the development of the Property in the manner set forth in this Agreement. Section 13. Attorneys' Fees. If either party files any action or brings any action or proceeding against the other arising out of this Agreement, then the prevailing party shall be entitled 4822-2026-7776.1 PI \Agendas\Agreements-Amendments\Agrmts-Amend 2004 \2004-Owner participation Agreement. RDA Reyes . doc 5 CDC/2004-32 to recover as an element of its costs of suit and not as damages, its reasonable attorneys' fees as fixed by the Court in such action or proceeding or in a separate action or proceeding brought to recover such attorney's fees. As used herein, the words "attorneys' fee" in the case of the Agency, means and includes the salary and/or hourly rates, fees, costs and expenses, allocated on an hourly basis, of the attorneys employed by the Office of City Attorney of the City of San Bernardino or the rates charged by special counsel, in connection with any matter arising under this Agreement. Section 14. Headings and Attachments. The headings of each section ofthis Agreement are provided for purposes of reference and convenience only and do not have any meaning which is independent of the text of the section of the Agreement to which they may generally correspond. The following list of attached documents are part of this Agreement: Exhibit "A" Vicinity Map and Legal Description of the Property Exhibit "B" Notice of Memorandum of Agreement \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ 4822-2026-7776.1 PI \Agendas\Agreements-Amendments\Agrmts-Amend 2004 \2004-Owner Participation Agreement. RDA Reyes .doc 6 CDC/2004-32 THIS 2004 PROPERTY OWNER P ARTICIPTION AGREEMENT is dated as of August 16, 2004, and this Agreement shall have no force or effect unless it has been approved by the governing body of the Agency and fully executed by the parties. This Agreement may be executed in counterparts on behalf of the parties by their authorized offices whose signatures appear below. Date: 9-7.6) 4- V""- Date: 7- 7 - 04 Date: q- /-0 L-I Date: 9" 7-0 if ('q~'Z ~~ Ben Castillas Date: ~LJ> o,-,:r Mateo Mike Gurra AGENCY Date: 1;18" ~ / , / Approved As To Form BY:l~ 4822-2026-7776.1 PI \Agendas\Agreements-Amendments\1I.grmts-Amend 2004\2004-Owner Participation Agreement. RDA Reyes .doc 7 CDC/2004-32 EXHIBIT "A" Vicinity Map and Legal Description of the Property 4822-2026-7776.\ PI \Agendas\Agreements-Amendments\Agrmts-Amend 2004 \2004-OWner Participation Agreement. RDA Reyes . doc 8 CDC/2004-32 EXHIBIT "A" t/'? . V"> , "-.1-! San Dernar 180 8M City of San Bernardino Baseline -' . . , E ~ " ........ NORTH Not to Scale CDC/2004-32 EXHIBIT "A" Legal Description Lot 14, Block "A", Daley Tract, as per plat recorded in Book 6 of Maps, page 34, record of said County. CDC/2004-32 EXHIBIT "B" Notice of Memorandum of Agreement 4822-2026-7776.1 PI \Agendas\Agreements-Amendments\Agrmts-Amend 2004\2004 -Owner participation Agreement. RDA Reyes . doc 9 CDC/2004-32 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: Space Above Line for Use by Recorder MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("Memorandum") is dated as of August 16, 2004, by the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (the "Agency"), and JESSE J. REYES, MIKE MENDOZA, RICHARD VILLA, BEN CASTILLAS and MATEO MIKE GURRA (collectively, the "Owners"). 1. Covenant to Construct Single Family Residence ("SFR") on the Property. Upon the terms and subject to the conditions set forth in that certain "Redevelopment Agency of the City of San Bernardino 2004 Property Owner Participation Agreement" ("Agreement") the . Owners agree to construct at the Owners' sole cost and expense, within eighteen (18) months of the Effective Date of the Agreement, one (1) single family residence ("SFR") on the Property currently consisting of the land located in the City of San Bernardino, County of San Bernardino, California and more particularly described in Exhibit "A" of the Agreement, in accordance with all applicable zoning and building regulations of the City of San Bernardino, for sale exclusively to and occupancy by the purchaser. The Owners agree that the completed SFR shall be promptly sold only to a purchaser that promises to occupy the premises as the purchaser's primary residence. The Owners agree not to rent the property to anyone, or allow anyone to occupy the SFR, prior to sale to a purchaser that intends to occupy the premises as a primary residence. 2. Agency Not to Exercise Eminent Domain Acquisition of Property. Provided that Owners perform all covenants and performance obligations described generally in the Agreement and specifically, but not inclusively, those set forth in Section 3 of the Agreement, the Agency agrees that for a period of eighteen (18) months from the Effective Date of the Agreement the Agency will not commence proceedings to acquire the Property by way of the exercise of condemnation powers pursuant to the Eminent Domain Law, Code of Civil Procedure ~ 1230.010 et seq. The Owners expressly acknowledge that in the event of a default on the part of the Owners the Agency may exercise any lawful remedies on its part, including, but not limited to, the acquisition of the Property by eminent domain 3. Incorporation of Agreement. This Memorandum is for informational purposes only and nothing contained in it shall be deemed to in any way modify or otherwise affect any of the provisions of the Agreement. This Memorandum is subject to all of the provisions of the 4832-0068-6336.1 CDC/2004-32 Agreement and in the event of any inconsistency between the provisions of the Agreement and this Memorandum, the provisions of the Agreement shall prevail. 4. Counteroarts. This Memorandum may be executed in any number of counterparts, each of which shall constitute an original and all of which shall constitute one and the same document. 5. Covenants Running With the Land. Pursuant to the express terms of Sections 3 and 6 of the Agreement, the covenants described in section 1 of this Memorandum shall run with the land and be binding on the Owners and all successors in interest to the Owners for a term of twenty-four (24) months from the date this Memorandum is recorded in the Official Records of the County of San Bernardino. IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Agreement as of the day and year first above written. AGENCY Date: ~~t /ency; the City of San BY'<;:~U/Z 1/ d;L / ATTEST: By: APPROVED AS TO FORM: ~~ Date: q-)-o 4 ~~ ~~ )..t~s ~ Date: Date: Date: Date: Mateo Mike Gurra 4832-0068-6336.\ CDC/2004-32 EXHIBIT "A" Legal Description Lot 14, Block "A", Daley Tract, as per plat recorded in Book 6 of Maps, page 34, record of said County. CDC/2004-32 RECORDING REQUESTED BY: LARRY WALKER Auditor/Controller - Recorder 7/30/2004 2:38 PM EM Recorded In Offtclal Records, County 01 San Bernardino MAIL TAX STATEMENTS AND WHEN RECORDED MAIL TO: Jesse J Reyes c/o Jesse J Reyes 1608 Perris San Bernardino, Ca 92411 P Counter Doc#: 2004- 0549080 11111111 ~~IIIII ~ Titles: 1 Pages: 1 ., . Fees .6.00 Taxes 2.20 Other 5.25 PAlO $13.45 -~-~ Order No.: Escrow No.: APN: 0135-292-09-0-000 THE UNDERSIGNED GRANTOR(S) DECLARE(S): SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX IS $ '2 I ? .-0 _ Computed on full value of property conveyed, or _ Computed on full value less liens and encumbrances remaining at time of sale. --=-':Unincorporaled area.. ~ -city-of - ~ -~--- GRANT DEED . ~ :: ;:~:::~O~~i:;::O~~ r:~:~:e~~ ~ich is pere~y acknowledged, ~~ hereby GRANT(S) to JESSE J. REYES, a married man, as his sole and separate property, MIKE ME ,a widower, RICHARD VILLA, a widower, and BEN CASILLAS, a married man, as his sole and separate roperty. Each to an undivided Y4 interest. the real property situated in the County of _San Bernardino more particularly described as follows: , State of California, lot 14, block "Au, Daley Tract, as per plat recorded in book 6 of maps, page 34, records of said county. Dated ~ ~ s 62&CJ--r , '7ij1~ :J&~ Mateo mike 'Querra 4f~q--, t STATE OF CAL~OR~IA . l SS. . COUNTYO~~v>kb ) t::1t ~2Z -';:;;:"4~ ~~ 4111 Y2k~.=:: Rersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) y.,hose name(s)....... 6)are subscribed to the within instrument and acknowledged to me that@he/they executed the same in~er/their authorized capacity(ies), and that by~her/their signature(s) on the instrumeht the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m,/h)'" '".' OfllOI:2t..6. // J SI,"",,, ~ ~~ < MAIL TAX STATEMENTS AS DIRECTED ABOVE