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RESOLUTION NO.
/03//';;-'/
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH TilE COUNTY OF SAN BERNARDINO '
3 ESTABLISHING A JOINT POWERS AUTHORITY TO BE KNOWN AS THE AUTHORITyl
FOR THE HANDICAPPED OF SAN BERNARDINO COUNTY, TO PROVIDE A RECREA-
4 TIONAL AND COMMUNITY CENTER FOR INDIVIDUALS WITH DISABILITIES IN I
SAN BERNARDINO COUNTY.
5
BE IT RESOLVED BY TilE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 a Joint Powers Agreement with the County of San Bernardino estab-
10 lishing a Joint Powers Authority to be known as the "Authority
11 for the Handicapped of San Bernardino County", to provide a
12 recreational and community center for individuals with disabilities
13 in the San Bernardino County, a copy of which agreement is
14 attached hereto, marked Exhibit "Au and incorporated herein by
15 reference as fully as though set forth at length.
16
I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
19
on the
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meeting thereof, held
18
Bernardino at a
, 1978, by the
20 following vote, to wit:
23
NAYS:
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AYES:
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ABSENT:
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The foregoing resolution is hereby approved this ~;,{
2 , day of
3
&~
, 1978.
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THIS AGREEMENT is made and entered into this day
of , 1978, by and between the City of San Bernardino
a municipal corporation, hereinafter referred to as "City" and
the County of San Bernardino, a body politic, hereinafter referred
to as "County".
w r T N E SSE T H:
WHEREAS, City and County are desirous of providing a
recreational and community center for individuals with disabilitie~
in San Bernardino County; and
\lliEREAS, individuals with disabilities are recognized
by County and City to be individuals defined in the United States
Rehabilitation Act of 1973, as follol'ls: "Persons who (1) bear
a physical or mental impairment which substantially limits one
or more of such persons major life activities, (2) has a record of
such impairment or, (3) is regarded as having such an impairment";
and
\lliEREAS, County and City recognize that the Center for
Individuals with Disabilities shall be utilized by children,
adolescents, adults and senior citizens who have diagnosed dis-
abilities as follows: (1) hearing impairments, (2) visual
impairments, (3) orthopedic deformity of functional impairment,
except amputations, (4) absence or amputation of major or minor
member, (5) mental, psychoneurotic and personality disorders
and other handicapping conditions for which etiology is not
known or not appropriate, (6) developmental disabilities or
communicative disorders; and
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.j.
WHEREAS, the County and City recognize that the Center
is to be located within the County's designated North Norton
Community Development Target Area within the boundaries of the
San Bernardino City Unified School District, hereinafter referred
to as District, and is in close proximity to the boundaries
of the City; and
InIEREAS, County and City recognize that the East San
Bernardino Valley area has no facility specifically designed to
meet the leisure, social and recreational needs of individuals
with disabilities; and
WHEREAS, County and City have a mutual interest in
providing necessary governmental services to and enhancing the
quality of life of their residents with disabilities and recognize
that only through the joint efforts of the County and City can
individuals with disabilities be adequately and efficiently
served; and
InIEREAS, the parties hereto deem it necessary to create
a separate public entity by joint exercise of powers agreement to
devise an organizational and administrative structure for the
operation of an area-wide handicapped center and care system in
the. geographic territory of the parties to the agreement and
to secure approval of the Federal Government for grants and funds
and State Government for grants, funds, and
WHEREAS, City of San Bernardino and County of San
Bernardino have established a Joint Powers Authority which
provides a recreational and community center for individuals with
disabilities in the North Norton Community Development target
area; and
WHEREAS, District may appoint a voting member to said
Joint Powers Agreement and desires to use said facility and to
cooperate with said City, County and Joint Powers Authority in the
operation of said facility as a community recreation facility; and
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WHEREAS, District owns the land upon which said
recreational and community center is to be constructed.
NOW, THEREFORE, County and City for and in consideration
of the mutual promises and agreements herein contained, do agree
as follows:
Section 1. Purpose.
This agreement is made pursuant to the provisions of
Article I, Chapter V, Division VII of Title I of the Government
Code of the State of California commencing at Section 6500,
hereinafter called Act, relating to the joint exercise of powers
common to public agencies. The parties above-mentioned each
possess the powers referred to in the recitals hereinabove. The
purpose of this contract is to utilize Community Development
Block Grant (CDBG) monies and District property for the constructi n
of the San Bernardino Center for Individuals with Disabilities,
the North Norton Neighborhood Park and North Norton Neighborhood
facility, and the creation of the "Authority for the Handicapped
of San Bernardino County." The purpose of this agreement is to
exercise each of these powers jointly by acquiring, constructing,
leasing and subleasing the Center for Individuals with Disabilities,
North Norton Neighborhood Park, and North Norton Neighborhood
facility, including public building and related facilities,
together with necessary or convenient appurtenances, parking
facilities, walks, other site improvements and to provide for
maintenance and operation of said facilities by means of said
subleases and to maintain and operate said facilities in the
event of any default under any sublease. Such purposes will
be accomplished and said common powers exercised in the manner
set forth in this agreement.
Section 2. Term.
This agreement shall become effective as of the date
hereof and shall continue in full force and effect for a term of
forty yearS or until terminated by mutual consent of the parties.
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At any time after this agreement has been in effect for three
years, either party may withdraw froIn this agreement by giving
six months' written notice to the other party, provided both
parties shall pay their proportionate share of any indebtedness
of the authority or of either party, which was incurred in
performance of obligations under this agreement, while either
party was a member of the authority, and shall comply with
any lease, sublease, or agreement with the authority or of which
the authority is a Beneficiary. Provided, however, that this
agreement shall terminate three years from the date hereof in
the event construction for said recreational and community center
with buildings and pool is not commenced within three years.
Section 3. Authority Creation.
A. Creation of Authority.
Pursuant to Section 6506 of the California Government
Code there is hereby created a public entity to be known as,
"Authority for the Handicapped bf Ban' Bernardino County", herein-
after referred to as Authority, and said Authority shall be a
public entity separate and apart from the City and County which
are parties to this agreement. The debts, liabilities and
obligations of the Authority shall not constitute debts, liabiliti s
or obligations of either City or County.
B. Governinq Board.
The Authority shall be governed and administered by
a governing board of five members, each serving in their individua
capacity as members of the governing board. The governing board
shall be called "Governing Board of Authority for the Handicapped
of San Bernardino County ", hereinafter called "Board II. All member
of the Board shall be electors of the County and shall receive no
compensation for serving as members. One member of the Board
shall be appointed by the Board of Supervisors of the County,
one member shall be appointed by the City Council of the City, and
one member shall be appointed by the Trustees of the San Bernardin
City Unified School District. These three members shall appoint
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two public members of the Board. The term of appointment of the
County, City and School district shall be for four years. The
initial term of each public member shall be two years. Upon the
expiration of the initial terms, all succeeding terms shall be
four years. Members shall hold membership on the Board during the
term for which they are appointed and until their successors
are appointed. In the case of a vacancy in membership on the
Board, the same shall be promptly filled in the same manner as
it was originally filled. An appointment to fill a vacancy
occuring during an unexpired term shall be for the period of
the unexpired term. All voting power shall reside in the
governing board.
C. Meetinqsofthe Governinq Board.
1. Regular Meetings. The governing board of the
authority shall provide for its regular meetings; provided
however, that it shall hold at least one regular meeting each
year. The date, power and place of holding of the regular meeting
shall be fixed by resolution of the governing board and a copy
of such resolution shall be filed with each of the parties thereto
and posted in a convenient public place.
2. Ralph M. Brown Act. All meetings of the governing
board of the authority, including without limitation regular,
adjourned regular, and special meetings shall be called, noticed
and held and conducted in accordance with the provisions of the
Ralph M. Brown Act, commencing with Section 54950 of the Governmen
Code.
3. Minutes. The Secretary of the authority shall
cause to be kept minutes of the regular, adjourned regular, and
special meetings of the governing board and shall, as soon as
possible after each meeting, cause a copy of the minutes to be
forwarded to each member of the governing board and to the clerk
of the parties to the agreement.
4. Quorum. Three members of the governing board of
the authority shall constitute a quorum for the transaction of
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business, except that less than a quorum may adjourn from time to
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time; provided that the affirmative vote of at least three
members of the governing board shall be required for the approval
of any resolution as to which action of the governing board is
required.
D. Officers.
The board shall elect a chairman, and vice chairman,
and other necessary officials. The secretary of the authority
shall be the Clerk of the Board of Supervisors of the County of
San Bernardino. The treasurer of the authority shall be the
Treasurer of the County of San Bernardino, to be the depository
and have custody of all money of the authority from whatever
sources. The auditor-controller of the authority shall be the
Auditor-Controller of the County of San Bernardino, who shall
draw all warrants to pay demands against the authority approved
by the governing board. The attorney for the authority shall be
the County Counsel of the County of San Bernardino or his duly
authorized Deputy. Public officers or persons who have charge
of or who handle or have access of any property of the authority
shall file an official bond in the amount fixed by law. The
authority shall have power to appoint and employ such other
officers, employees, consultants, advisors, and independent
contractors as may be deemed necessary.
E. Reimburs'ementof Costs.
It is anticipated by the parties that the authority
shall make application for Federal funds and will receive income
from other sources. In the event that the authority engages
in the activities described in this agreement, the authority
shall reimburse the County of San Bernardino to the extent
authorized by law, for services of the AUditor-Controller,
Treasurer and Attorney, at the reasonable costs of providing
the aforesaid services.
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Section 4 . Powers of Authority.
Authority shall have the powers common to the City and
County set forth in the agreement, to wit: The power to acquire
sites and to acquire, maintain, operate and lease public buildings
and related facilities, the power to provide for the development
of a Handicapped Center. The Authority shall further have the
power to provide for the maintenance and operation of facilities
which have been acquired or constructed in whole or in part by
the Authority by means of lease or sublease or to maintain and
operate said facilities in the event of any default under said
lease or sublease. The Authority is authorized to do all acts
necessary for the exercise of such common power or purpose,
including, but not limited to any of the fOllowing, to make and
enter into contracts, leases, to employ agencies and employees,
to acquire, develop, maintain, and operate facilities for handi-
capped individuals, to serve the members of this agreement and
their citizens, and to hold and dispose of property, to incur
debt, liabilities and obligations, to have the power to sue
and be sued in its own name and to receive gifts. Such powers
shall be exercised in the manner provided by the Act, and except
as expressly set forth herein, subject only to the restriction
upon the manner of exercising these such powers as imposed upon
or effected upon said County of San Bernardino in the exercise
of similar powers. Notwithstanding the generality of the fore-
going, the Authority shall have no power to bind any of the
parties to any monetary obligation whatsoever by this agreement
other than expressly authorized by the mutual written consent
of said County of San Bernardino and the City of San Bernardino.
Section 5. Advisory BOdy.
A. Creation.
There shall be established by this Authority advisory
bodies made up of providers of handicapped service consumers
and such other persons or agency as deemed necessary by the
governing board. These advisory bodies shall be known as
Authority ~or the Handicapped Advisory Councils.
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B. Responsibility.
The advisory council shall be responsible upon request
of the Authority for providing any and all assistance, advice,
and information relative to the planning, coordination, operation
and evaluation of programs and projects which are of a proper
concern to the authority. The manner of conducting the business
of the advisory council shall be in accordance with the rules
and bylaws as adopted by the authority.
C. Disposition of Assets.
Upon the termination of this agreement, all property
of the Authority shall vest in the City of San Bernardino and
County of San Bernardino in proportion to the contribution of
each to the creation of the Authority. The City, County and
Authority shall execu.te any instrument or conveyance necessary
to provide for the vesting of real property. District shall have
an irrevocable option to purchase from the Authority any real
property deeded by the District to County for the purpose of
this agreement, upon payment to authority of the fair market
value of any improvements on the real property, exclusive of
land value, at the termination of this agreement.
D. Method of AccomplishinqPurpose.
1. City shall cause to be called on behalf of City,
County and District a series of meetings between City, County and
District representatives for the purpose of reviewing and
approving all plans and specifications of projects contained
herein in accordance with the following schedule: (1) Upon
completion of the schematic master plan, (2) upon completion of
preliminary drawings, (3) upon completion of working drawings,
(4) upon completion of contract documents, and (5) upon receipt
of bids. City shall after reaching mutual agreement with County
and District, award contracts on all phases of the project to the
lowest and best bidder in accordance with the procedures customaril
followed by the City.
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2. City shall make all payments due to architect
and, on behalf of all parties, shall make all progress payments
to contractor(s) for the construction of said facilities. It is
understood and agreed that payments shall be made by County to
City upon the basis of cost-reimbursement. The City's request for
payment shall be accompanied by all pertinent source documentation
(contractor's request for payment, invoices, etc.). Said sums
shall not be due and payable until thirty (30) days after receipt
of billing by County from City.
3. City agrees to obtain the County's and District's
approval prior to any obligation of funds with regard to the
construction of said facilities which would result in a total
cost in excess of $1,349,452. Any such action must be approved
by the County and District and the County's and District's
approval is a condition precedent to the County's obligation to
reimburse the City for any such added expense.
4. County shall provide $866,452 for architectural,
engineering and the construction of the Center for Individuals
with Disabilities, Swimming Pool (Handicapped), North Norton
Neighborhood Park and North Norton Neighborhood Facility. Said
funds having been budgeted as a portion of the Community
Development money obtained by the County for the following
individual projects:
Center for Individuals with Disabilities
Swimming Pool (Handicapped) .......
North Norton Neighborhood Park . . .
North Norton Neighborhood Facility . . . .
. $350,000
$150,000
. $ 76,973
$289,479
.
5. City shall provide $483,000 for architectural,
engineering and the construction of the Center for Individuals
with Disabilities, said funds having been budgeted as a portion
of the Community Development money obtained by the City for the
fOllowing:
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Center for Individuals with Disabilities . . . $483,000
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6. District intends to sell to the County, prior to
November, 1978, at a price not to exceed one dollar ($1.00), all
that real property situated between Anderson School and Monterey
School in the County of San Bernardino, State of California and
described as follows: Assessors Parcel 279-042-09 located north
of 4th Street at Palm Lane, attached hereto as Exhibit "A".
District intends to sell said land, described herein as Exhibit "A
to this agreement, to the County of San Bernardino, with a provisi n
that if construction for said recreational and community center
with buildings and pool is not commenced within three years, said
property shall revert to District and the then owner shall be
obligated to execute a good and sufficient deed of said property
to District in case of reversion. District intends to agree that
the County may sell or grant said property to the Joint Powers
Authority provided said sale is made subject to the provisions
contained herein.
7. The Authority shall enter into leases with the
District, the City and the County for the facilities created
pursuant to this agreement and for the maintenance, operation
and use of said facilities.
Section 6. Hold Harmless.
Ci ty, and County shall indemnify, hold harmless and
defend the other, its officers, agents, and employees agai~st
all liability, claims, losses, demands and actions for injury
to or death of persons or damage to property arising out of or
alleged to arise out of or in consequence of this agreement,
provided such liability, claims, demands, losses, or actions are
claimed to be due to the acts or omissions of either party, its
officers, agents, or employees in the performance of this agreement.
Section 7. MOdification of Agreement.
This agreement may be amended or modified only by
written agreement signed by all parties and failure on the part
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of either party to enforce any provision of this agreement shall
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not be construed as a waiver of the right to compel enforcement
of such provision or ._provisions, nor to act to release any surety
from its obligation under this agreement.
Section 8. Notices
All notices herein required shall be in writing and
delivered in person or by certified mail, postage prepaid,
addressed as follows:
City:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
County:
County of San Bernardino
Office of Community Development
1111 East Mill Street
San Bernardino, CA 92415
District:
San Bernardino City Unified
School District
799 "p" Street
San Bernardino, CA 92410
Authori ty:
Secretary, Authority for the
Handicapped of San Bernardino Coun
c/o Clerk of the Board of Supervis
of San Bernardino County
175 West Fifth Street
San Bernardino, CA 92415
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Section 9. Miscellaneous.
The section headings herein are for convenience only
and are not to be construed as modifying or governing the language
in the section referred to. \ihenever in this agreement any cons en
or approval is required the same shall not be unreasonably with-
held. This agreement is made in the State of California under the
Constitution and laws of such State and is to be so construed.
\{here reference is made in this agreement to Controller
or Treasurer indicating specific duties to be undertaken by said
officers, said officers may independently determine which of them
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shall undertake any particular duty.
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Section 10. Severahili"ty.
Should any part, term, portion or provision of this
agreement be by the courts decided to be illegal or in conflict
with ai'y law of the State of California, or otherwise be rendered
unenforceable or ineffectual, the validity of the remaining parts,
terms, portions or provisions shall be deemed severable and shall
not be affected thereby, provided such remaining portion or
provisions can be construed in substance to continue to constitute
the agreement that the parties intended to enter into in the first
instance.
Section 11. Successors
This agreement shall be binding upon and shall inure
to the benefit of the successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to be hereto
affixed, as of the date first above written.
ATTEST:
B
By
4p'/Lir//~d '
> C~ ty Clerk '
~~1-
APPROVED AS TO FORM THIS sri-: day
ofdJ~ ," 1978.
~tK~
(SEAL)
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ATTEST:
Clerk of the Board of
Supervisors
BY~~yA~~
Deput
APPROVED AS TO FOfu~ this i~~~~day
of O,:Jtc('""--'T
, 1978,~
County Counsel
By
rl)~,.t'() ^
II / / !.' ~J-;---
l",::.(,,~ ',-\ ._v(J~,-~
(SEAL)
~
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:"~:27;~~WAZ.O_ ,.I.
~~a:~ of t e
Board of Supervisors
ADOPTED
Board of Supervisors
Co~ty qf S~ Bernardino
. VI,;I 1 0 .19rll. ~ I 1978
Clerk of the Board of Superviso
r
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
RE: AGREE: #78-708: CITY S.B./COUNTY OCD: JT. POWERS: AUTHORITY: TO ORG.
& ADMIN. HANDICAPPED CENTER: NO. NORTON BLK. GRANT TARGET AREA:APP'D
Acting on the recommendation of the Environmental Improvement Agency Admin-
istrator, on motion by Supervisor Hammock, duly seconded by Supervisor
Kamansky and carried, the Board of Supervisors approves a Joint Powers
Agreement #78-708 between the County on behalf of the Office of Community
Development and the City of San Bernardino creating a separate public
entity to organize and administer an areawide handicapped center and care
system in the North Norton Block Grant target area; further, the Board
authorizes the Chairman to sign said Joint Powers agreement, indicating
this Board's approval of the terms and conditions therein contained.
i
.
~j
"
PASSED AND ADOPTED by the Board of Supervisors of the County of San
Bernardino, State of California, by the following vote:
AYES:
NOES:
ABSENT:
SUPERVISORS:
SUPERVISORS:
SUPERVISORS:
Mayfield, Kamansky, Hansberger, Hammock, Townsend
None
None (eh)
******
.
STATE OF CALIFORNIA
COUNTY OF SA1~ BER.'lARDINO
65.
I. Jh'lDREE DISHAROO~ Act' C1 k f .
nardino County Calif . ~ h1Ug cr ~ the Board o~ Superv1sors of Sa~ Ber-
correct copy of Oth ornL~. fereby ce:t1fy the forego1ng to be a full. true and
vote of the memb c recor o. the act10n taken by said Board of Supervisors. by
Board at its mee~~~;;/~~sent. as the same appears in the Official Ninutes of said
Or.TORF.R 10 1978
Dated:lO/23/78 AD/ eh
jf39 cc OCD
A~ditor w/a ree
Clty'of San Eernardino c/o OCD
"TIr-.'
CAD & File
ANDREE DISHAROON (/
Acting C7k of said Board 1 0 ~
. " / t
Br!f'7'~-< -:>Y~a:;,./ 1 '
Deputy -' ,
(Office Use Only)
INITIAL NOTICE TO THE SECRETARY OF STATE
AS TO A JOINT POWERS AGREEMENT
JOINT POWERS AGREEMENT
FILENO. s1l1~
Notice is hereby given to the Secretary of State
pursuant to Sections 6503.5 or 6503.7 of the
Government Code as to the existence of a joint
powers agreement providing for the creation of an
agency or entity which is separate from the parties
to the agreement and is responsible for the
admjnistration of the agreements. The following
information as to the agreement is set forth:
"1 j '~'.D'
. I I... L: L)
-;;~--;){r,i.1l of ,fi. 1.,rlhHY of SI;;lk
gf tb. 1t~1. .f Ccil1fgt/lj.;l
DEe 1 2 1978
.:',:~CH fONG EU, Secretary i.; r
iloao Mary MacIK"
DeOL.....
(File Stamp)
(a) The public agencies parties to the agreement are:
(1) County of San Bernardino and City of San Rprnarr'linn
(2)
(3)
(4)
(If mar,c space is needed, type "continued" In (4) and attach a separate sheet
to this form).
(b) The name of the agency or enLity created under the agreement and responsible for the
administration of the agreenent is:
Authority for the Handicapped of San Bernardino County
Mailing Address: Secretary, Authority for thp H;4nrli (",,;4ppoS'd of ~an BaBD. Cnty
c/o Clerk of the Board of Supervisors of San Bdno, Cnty., 175 West Fifth St.
San Bernardino. Ca. 9241,
(c) The date upon ~hich the agreement became effective is:
October 16. 1978
(d)
A condensed st2.te:ne;-:t as to
exercised is:
'T'n prnuiop
the purpose of the agreement or the powers to be
il rpr-rp;::Jtinn;::Jl FInn r-nmmllni-f-J' ,.....~l1tt,i>r foX'
individuals with disabilities in San Bernardino County.
FOR'.l .JP-l
(el Amendments, if any, state brief description:
NonR
f.{:"'
\.~)
Th~ short. title
"
<0.
...1___.
l-11~
ugI"te;;ien.t,
II ciSt)' J
is:
l\Tti'r'lt<:>
.fi/?/ .CM!~
(Signature)
~n;:mn;:'l ('1 ~,...k r rDi~.p nOr{t;{ Ci~y ClcrJe
(Type name and t1tle 5 gner
INSTRUCTIONS:
1. Mail this form to Secretary of State, 111 Capitol Mall, Sacramento, California 95814.
2. Include a rernitt.ance payable to "Secretary of Stat ell for filing fee of $5.00.
3. If additional copies of t.h~s fc~ are sent with the original, the copies will be
file-stamped a~d returne~ ~~~hcut additional charge.
4. Do not attach a cc~y or ~h~ Agree~e~t and/or Amendments of the Agreement.