1411 Theresa Ave. (1992)
AGREEMENT
'lliIS AGREEMENT (identified as No.Pld 55) made and
entered into this 19th day of May , 19 92, by and
between ROBERI' A. BARDSLEY and ANITA R. IWIDSLEY, his wife
hereinafter referred to as "OWner," and the CITY OF CAMPBEU., a
nu.micipal oorporation of the Colmty of Santa Clara, state of
California, hereinafter referred to as "city."
WHEREAS, Owner, or his contractor, has applied for a Wilding
penni.t to construct certain nOOificatians to the residence upon
that certain real property described in Deed filed July 2, 1979,
in Book E 608 of Santa Clara C01.mty Official Records at page
372, and UJllIUI.J11l Y knc7Nn as, 1411 'Iheresa Avenue which property
is hereinafter referred to as "said real property";
WHEREAS, compliance with the tenns and condi tians of
this agreement are required by Section 11.24.040 of the City
Code;
NaV, 'lHEREFORE, IN CDNSIDERATION OF '!HE
AOOVE-MENl'IOOED APPROVAL, and satisfaction of the conditions to
that approval,
(1) OWner shall provide, oonstruct and/or install at
his own proper cost and expense, public street i.Inprovenarts as
described in section 11.24.040 of the City Code within 12 nonths
from the date when owners or their successors are notified to do
so by the City Engineer.
( 2) All of said improvenents shall be constructed
and/or installed within 12 llDI1ths from the date that OWners, or
their successors, are notified by said City Engineer to do so;
provided however, that in the c:::anp.rta.tion of said twel ve-nonth
period, delays due to or caused by acts of Gcxi, viz., 1.D1USUall Y
inclenent weather, na jar strikes, and other delay beyorrl the
oontrol of OWners shall be excluded.
It is expressly understood and agreed to that if OWner shall
fail to complete the work required by this .Ag:reenent within the
said 12 nonth period, the city, after giving ten (10) days
written notice thereof to Chmer, or his successors, nay
construct and/or install said improvenents and recover the full
cost and expense thereof from owner, or his successors.
It is further expressly understood that the plrpose of this
agreement is to defer construction of the alxwe-nentioned.
improvements until same future date nore ex>nduci ve to the
overall needs of the city of CanqiJell. In keeping with this
understanding, the right of the City to give arry of the notices
specified herein in Section (2) of this Agreement to install
such improve:nents, or to require construction or installation of
such improvements, or to install such improvements itself and
recover the costs thereof shall not be I:Brred by the passage of
tine or delay by the City, tut shall remain open and enforceable
irrlefinitely and forever. It is also understood that the passage
of tine or any delay caused by the City shall not relieve the
0Nners, or their sl1ccessors, from performance tmder this
Agreement, tut that the 0Nners, and their successors, shall
remain botm:i irrlefinitelyarrl forever. Any increased
construction or preparation costs caused as the result of the
passage of tine shall be the responsibility of the OWners, and
their sucn:>ssors.
Nothing herein shall be d~ to prohibit const:ruction of said
improvements prior to notice by the city Engineer to (xlnstt'llCt
or install such improvements, provided that prior to such
installation, all of the provisions of Section (3) shall be
satisfied.
(3) OWner, or his successors, shall cause to be prepared
at his cost and expense improvement plans for the oonstruc- tion
am/or installation of said improvements prior to such
const:ruction or installation. said plans shall be prepared by a
civil engineer registered by the state of California and
subni tted to the City Engineer for examination and approval.
All of said inprovements shall be canstructed and/or
installed in acx::ordance with those plans awroved by the City
Engineer and shall be made tmder the supervision and inspection
and to the satisfaction of the City Engineer. said construction
and/or installation shall be in acoordance with the existing
ordinances and resolutions of the City of Campbell and to all
plans, specifications, starrlards, sizes, lines and grades
approved by the city Engineer, and all state and Colmty statutes
applicable thereto. Upon completion and acx::eptance of the
improvements by City, OWner, or his Sl~rs, shall provide
2
reproducible as-b..rllt plans to the City Engineer.
( 4 ) 'D1e construction work of the inprovements embraced by
this agreement shall be done in acoordance with the specifica-
tions of the City of C;:nr{1l"~ll and Sanitation District No. 4 of
Santa Clara Colmty, where irrlicated.
(5) Prior to approval of the plans by the city Engineer
p.rrsuant to Section (3) of this Agreenent, OWner, or his
Sl~, shall pay to the City for examination of improvenent
plans, field inspection of construction of improvements and all
necessary expenses incw:re:i by City in connection with said
inprovements, a sum in the aI'lDUIlt of ten percent (10%) of the
estimated cost of the improvements at the tine of construction.
(6) OWner, or his successors, shall file with city, prior to
approval of the plans by the City Engineer, surety acx::eptable to
the City to insure full and faithful performance of the
oonstruction of all the afarenenti.oned i1nprovement work,
excluding sanitary saNers and water distritution SYStem. said
surety shall guarantee that OWner, and his successors, will
correct arry defects which nay appear in said inprovenent work
within one (1) year f:rcm the date of acx::eptance of the work by
city and pay for arry damage to other work resulting from the
oonstructi.oo thereof, as well as pay the cost of all labor and
naterials involved. 'lhi.s surety shall remain in effect until one
(1) year after date of final acx::eptance of said improvements by
city. said surety anount nay be reduced by the City Engineer
after the date of final acx::eptance to not less than ttNenty-five
(25) percent of its full value.
(7) Upon final release of said surety by City, the
obligations of OWner, and his successors, contained in this
Agreenent shall be considered null and void.
(8) When called upon by City to do so, OWner, or his
successors, will execute a petition for the fornation of any
special assessmant district created p.rrsuant to any special
assessnent act as provided in the streets and Highways Code of
the State of California created for the prrpose of constructing
and/or installing arry or all of said improvenents.
(9) Owner, or his successors, shall participate in am
~ a part of any special assessment district as described in
paragraril (8) of this Agreenent.
3
It is expressly understood that arry obligations of Chmer, or his
S1~rs, contained in this Agreement that are aCCXllllplished to
the satisfaction of said city Engineer by said special
assessment district shall be considered null and void.
(lO) OWner, or his SlJn:"'E'SSOrs, shall nake such deposits or
file such l::x>rDs and enter into such agreenent as required by
Sanitation District No. 4 of Santa Clara Co1.mty to insure the
installation of a sanitary sewage system to set:ve said real
property, and OWner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No. 4 stating that OWner, or his successors, have nade
such deposits or filed such J::oOOs and entered into such
agreenents .
(11) OWner, or his SllCCeSSOrs, shall pay to Pacific Gas am
Electric Company arry and all fees required for installation of
underground wiring circuit to all electroliers within said real
property when OWner, or his successors, is notified by either
the City Engineer or the Pacific Gas and Electric Company that
said fees are due and payable. OWner's, and his successors' ,
obligations under this section shall not be relieved by delay or
the passage of ti.Ioo, hIt shall remain birrling iroefinitely and
forever.
(12) Owner, or his S\l~rs, shall nake such deposits or
file such 00nds and enter into such agreenent as required by San
Jose Water Company when called upon to do so to insure the
installation of a water distritution system to set:ve said real
property, including fire hydrant. Owner's, and his successors' ,
obligations tmder this section shall not be relieved by delay or
the passage of ti1oo, tut shall bim OWner and successors
imefinitely and forever.
(13) Any easement and right of way within or without said
real property necessary for the oompletion of the improvements
shown upon aforesaid inprovenent plans shall be acquired by
OWner, or his su~rs, at his own cost and expense. It is
provided, however, that in the event eminent domain proceedings
are required for the p.rrpose of securing said easenent am right
of way, Chmer, or his successors, shall depositor cause to be
deposited with City a sum covering the reasonable narket value
of the land proposed to be taken and to be included in said sum
shall be a reasonable allowance for severance damages, if any.
4
It is further provided that in addition thereto such S1..n1lS as nay
be required for legal fees am costs, engineerring am other
incidental oosts shall be deposited with the City.
(14) OWner, or his Sl~rs, shall car:ry out arry am all
negotiations with all interested parties am shall perfonn or
cause to be perfornai at his own cost and expense and to the
satisfaction of the City Engineer arry and all work required to
abandon, renove, raise, lower, relocate and othel:wise. m:xtify
irrigation line or lines within the l:xmrrlary of said real
property .
(15) 'Ib the fullest extent permitted by law, Chmer, and his
surx;essors, shall in:lemni.fy, deferrl am hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from arry and all claims,
damages, losses am expenses, including, tut not limited to,
attorneys' fees, arising out of, or resulting from any negligent
or intentional act or omission (including miscorrluct) of said
OWner, or his StlC"'r'PSSOrs, or arry Sl.lI:xnItr:Cl.ctor, or anyone
direct! y or indirect1 y employed by hlln, or arryone for whose acts
any of them nay be liable in the course of perfonnance of the
Agreement.
'D1e OWner, and his Sll(X~sors, shall also in:lemni.fy, deferrl am
hold the City of CalT{l)ell, am its agents, attorneys, employees,
officers, officials, am assignees hannless against and from any
and all claims, cie!manjs, liabilities, lasses, lawsuits,
judgnents, damages, costs and expenses (including, tut not
limited to, attorneys' fees and court costs, whether incurred at
trial, appellate or administrative levels) which the City of
Call1flhE'll nay incur or suffer, or to which the City of CanpJell
nay be subjected resulting from the failure of Owner, or his
successors, or his agents, employees, suJ::x:xmtractors, or anyone
perfonning services urrler hlln, to fulfill arry of the obligations
irrlJ;xJSed tmder this AgreenEnt.
( 16 ) It is acknowledged that the provisions of this Agreement
constitute covenants for the improvenent of the subject real
property for the ITO.Itual benefit of OWner's property, CUllIlllJnly
known as 1411 Vale Avenue and the City's property, COllIIll.mly
described as Vale Avenue where it adjoins Owner's property.
'Ihese covenants shall be considered to affect rights in the
alxwe-described real properties, and shall be binding on the
heirs, assigns, successors, am grantees of OWner to said real
property .
5
(17) Nothing contained herein shall be construed to transfer
arry lDlVested interests in real or personal property for p.trpOSes
of the rule against perpetuities.
(18) In the event that OWner, or his S1~~, should
breach any of the terms, con:titions, or covenants of this
Agreement, the City shall be entitled to recover, in addition to
any other relief available in law or ~ty, all costs incurred
in attempting to obtain enforc:enw:mt of the Agreement, or
compensation for such breach. 'Ihese costs shall include
reasonable attorneys' fees am court costs.
(19) '!his is the entire AgreenErt between the parties, and
there are no representations, agreements, arrangenents or
understandings that are not fully expressed herein.
(20) '!his AgreenErt can be executed in 00W11:erparts by the
parties hereto, and as so executed shall consist of one
agreenert:, birrling on all the parties.
IN WI'INESS WHEREOF, said City has caused its llaIIE to be affixed
by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, am said Chmer has caused his
llaIIE to be affixed the day and year first above written.
CITY OF CAMPBEU.
APPROVED AS 'IO FORM:
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Wili~am R. ~~nn
City/Attorney ~ _
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IA ",J,/v; u, G. ,1~{1v.j ~~/
Barbara Oleasky /
city Clerk
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Donald R. Burr, Mayor
avNER:
~4C7~
Robert A. Bardsley
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( ) -:::-',' / /~--:-j --/,,?!/y/ %
Anita R. Bardsley -'
TH~ ~oprGoltJn tfJ~,TRI;~LNT \S f. TP1iF
A~..r' CORRECT COPY Cf- THE OF'I(i':", _
();'IJ f-d..E ~N THIS OFFICE.
ATTEsr: PARE\AF:/ KLF., LIT.... ("" t..:'f\..
cr eF CAMPPELl CAl.lfOf;;,,,,
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NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
County of S\\\jl \-\ ~)~ Rt\
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On this :J 4 day of 1-\ ?\U J_
, 19 g, before me, Lf\\Y0J\ SfiJ!~ ~J
,,-CSf\ ~ 1 \\ (\ \ \\ 0J\ , State of
a Notary Public in and for the County of
California, residing therein, duly commissioned and sworn, personally appeared
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personally known to me (or proved to me on the basis of satisfactory evidence) to
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be the person whose nameS subscribed to the within instrument and acknowledged
to me that
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executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
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Notary Public in and for the
County Of~)\\~) \. V\ (\ '\ \\\\ \\
State of California
"NOTARY SEALII
My commission expires
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RESOLUTION NO. ____
BEING A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR
STREET IMPROVEMENTS AT 1411 THERESA
AVENUE
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
1. The Mayor is authorized to execute an agreement with
Robert and Anita Bardsley to install street
improvements at 1411 Theresa Avenue.
PASSED AND ADOPTED this
the following vote:
day of
, 1992 by
AYES:
Councilmembers
NOES:
Councilmembers
ABSENT: Councilmembers
Approved:
Donald R. Burr, Mayor
ATTEST:
Barbara Kee, City Clerk
CITY OF CAMPBEll
70 NORTH FIRST STREET
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 866-2100
FAX # (408) 379-2572
Department: City Clerk
RiCEIV'/l:llJ
MAY 261992
Pob!ic W orb I fngineerineJ
May 26, 1992
Mr. and Mrs. Robert Bardsley
1411 Theresa Avenue
Campbell, CA 95008
Dear Mr. and Mrs. Bardsley:
At its regular meeting of May 19, 1992, the City Council adopted
Resolution No. 8301 authorizing the Mayor to execute an agreement
to install street improvements adjacent to 1411 Theresa Avenue
within 12 months from the date notified to do so by the City Engineer.
Please find enclosed certified copy of this Resolution together with
a certified copy of the Street Improvement Agreement for your records.
If you should have any questions on the City Council's action, please
do not hesitate to contact this office (866-2117) or Michelle Quinney
of the Public Works Department.
Sincerely,
JH
cc. Michelle Quinney, Public Works Dept.
Enclosures
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3372
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City Clerk
PUBLIC WORKS FILE NO.
J1LL ,- kere:;a k
Project Revenue (specify project)
Public Works Encroachment Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
$
($105)
($500)
(100% of)
(ENGR. EST)
(4%of FPB)
($500 min.)
Other Cash Deposit (specify)
Plan Check & Inspection Fee ($0 - $100,00010%;
$100,000 - $500,0009%; $500,000 and above 7%; $100 min.)
Project Plans & Specifications
General Conditions, Standard Provisions & Details ($ 10 or $ 1 / page)
"No Parking" signs ($1/ea. or $25/100)
Copies of Engineering Maps & Plans ($.50/sq.ft.)
Final Parcel Map Filing Fee ($475 + $21/ per lot)
Final Tract Map Filing Fee ($525 + $21/ per lot)
Lot Line Adjustment Fee/Certificate of Compliance ($420)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Storm Drainage Area Fee per Acre (R-1, $1,875;
Multi-Res., $2,060; all other, $2,250)
Public Works Special Projects
Park Dedication In-lieu Fee
Postage
~Q~,~
$ -ADB~
559- ~8"10
ZIP qsc'o~ QSI2<q
NAME OF APPLICANT ~. A. Ea.. r~
ADDRESSJ- 111 "1:11'" 'i~ . (,<. . 141.:, 9f1
~~:. CLERK RECEIVED BY ~
ON~ DATE ~
TOTAL
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PUBLIC WORKS REVIEW SHEET - BUILDING PERMIT APPLICATION
rii;/ AD1-~E5A ~I
IAPN ,
106 - ~3-Oc:lb
rAME OF APPLICANT:
j(. A. M/CLJsceY
rAT~os~1 /~;
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"C"V'D
OCT 211991
"Uc"''''/~iItg
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ired
I PW - ENGINEERING REQUIREMENTS: ,
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IAPPROVED BY:
Pk
IDATE:
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G SECURITY UNION
g Title Insurance Company
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PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES
OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION
AS TO THE AVAILABILITY AND THE COST.
05 0025 30 000314
GUARANTEE
No.
Liability $
171300-1434
100.00
Fee$ 100.00
Dated: April 4, 1992
at 7:30 A.M.
SECURITY UNION TITLE INSURANCE COMPANY
a corporation, herein called the Company,
GUARANTEES
BOB BARDSLEY
1411 Theresa Ave.
Campbell, CA
herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to
in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurances herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth above.
Issued by:
VALLEY TITLE COMPANY
300 S. First S1. .. P. O. Box 2..A
San Jose, California 95113
-t!:1!Q2.7150
SECURITY UNION TITLE INSURANCE COMPANY
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BY~~///~.)
Authorized Signature
Secretary
n<,nrdr>r rorrn No 1'016
SCHEDULE A
No: 171300-l434
The assurances referred to on the face page are:
That, according to the Company's property records relative to the
following described real property (but without examination of those
Company records maintained and indexed by name):
All that certain parcel of land situated in the City of campbell
County of Santa Clara, State of California, described as follows:
Lot 33, as shown on that certain Map entitled, "Tract No. 321 San
Tomas Villas unit No.2", which Map was filed for record in the office of
the Recorder of the county of Santa Clara, State of California, on June
25, 1946 in Book 10 of Maps, page 55.
A.P.N. 406-23-26
A. The last recorded instrument purporting to transfer title to
said real property is:
Deed dated April 24, 1972 and recorded April 25, 1972 in Book 9804
of Official Records, page 45, executed by Bob G. Calhoun and Louberta
Calhoun, his wife, Grantor to Robert A. Bardsley and James G. Bardsley,
Grantee.
Documentary Transfer Tax: $2.20
Deed dated June 30, 1979 and recorded July 2, 1979 in Book E608 of
Official Records, page 372, executed by James G. Bardsley and Joanne C.
Bardsley, his wife, Grantor to Robert A. Bardsley and Anita R. Bardsley,
his wife, Grantee.
Documentary Tansfer Tax: $ll.OO
B. There are no mortgages or deeds of trust which purport to affect
said real property, other than those shown below under Exceptions.
(Cont'd on next page)
l7l300-l434
No guarantee is made regarding (a) matters affecting the beneficial
interest of any mortgage or deed of trust which may be shown herein as an
Exception, or (b) other matters which may affect any such mortgage or
deed of trust.
No guarantee is made regarding any liens, claims of lien, defects or
encumbrances other than those specifically provided for above, and, if
information was requested by reference to a street address, no guarantee
is made that said real property is the same as said address.
EXCEPTIONS:
l. A Deed of Trust to secure an indebtedness in the amount shown below,
and any other obligations secured thereby
Trustee:
Beneficiary:
Recorded:
$21,800.00
February lO, 1971
Bob G. calhoun and Louberta Calhoun,
his wife
Mason-McDuffie Company, Inc., a corporation
Mason-McDuffie Investment Co., a corporation
February 24, 1971
Book 9228, page 430 of Official Records.
Amount:
Dated:
Trustor:
LOT BOOK GUARANTEE
CLTA Guarantee Form l2 (rev. 5-3-73)
P-33 (G.S.)
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FILED FOn RLGORD
AT REQUEST OF]
ri<k ~~
JUL 2 , )l. fH '79'
When recorded mail to:
?rflOL~L RECOROS
b~,~n ~ r.. :.M~A COUJrrY
ABO\ /i.o.fE11mtIM,'fbt4 RECORDER'S USE
~ 'r . ~ n n . "
QUITCLAIM DEED
. .
" '
.' . ~~:
James G. Bardsley and Joanne C. Bardsley, hIs wife 1./ /. ,... '. .Cfu-',!;
hereby do. ..................remise, release and QUITCLAIM unto
Robert A. Bardsley and Anita R. Bardsley, his wife
all that real property situated in die c;. '" T'1I 01 1
County of
S8nt:1, r.l"r"
State of California, described as follows:
Lot 33, as shown on that certain Map entitled, "Tract No. 321
San Tomas Villes Unit No. 211, which ~'ap was filed for record
in the office of the Recorder of the County of Santa Clara,
State of California, on June 25, 1946 in Book 10 of Maps, page 55.
~:~~~~l.;~~~.......m............ 'W~:~"P:':B~~~mumm
~ .. SH~~Il~ ~~~N I iV.ju:=:..................).../l.....;6?..........)....}......''''.'
i .' N~~~;...'a;..:2~~TY' i C-/......:~jo.~~;Lt...BaSd.:~~-.~.~?~..k/_/~7....::. ....:-'
fl My Commission Expi.... June 29, 1980 ~,' I
~~(;,){l~~~~~G)lt,l~~~bNlQ<Qt;
STATE OF CALl;::~:;fi0,id~L:fji........V.bL m'..5i~<J(./2...b.4y"''''............
a Nolary Public in alld for '$,"::. __ _________________________.__.Coun.!X and State, perJOnally appeaJP'~:~.-----.--.7.--.--./--.--..--..--..-------
Jitt'rn($&' .'11/ff.j.i;. k l .(l.~.)D. --. .J. a t1 jt)f) ~-:. . re.. /y-<.>:I.-s./r;~l-- .--.....L.--...... .
kllOll'lIlo me 10 be Ihe person~. u hose name 6.. . subscribed 10 Ihe U"/~tiins'rume~' an ~nowledge!- 10 t/Je that_:.../ <7' ----...
e.-.:uulcd Ihe same. ~'~/"" 4At/[tJG .-:"}~'" r;;:;c:*~/ .__. __.____.. .o__
WITNESS nI) hand and official real. '/ No~ry Publit'
l~sllE~)~'I)lI/'srlr)// e,ptres: / '.;: /-;.,(.. c,21.. _./.7/''----.--.----. ..;;(A;1f.;..~I)._,_.i<yr----..r::~(/,(.v/,l--..-- ...o.....o.
,.~, Printed or typed name of Notary P6blic
204 MoU '0' bill'o odd,... '" .OP" 1"" b~d OOM": /lie. ~
cJ.ISb 7e1~ ~.
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