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HomeMy WebLinkAboutRES PC 2012 575 2012 0724 RESOLUTION NO. PC-2012-575 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT NO. 1 TO THE DEVELOPMENT AGREEMENT WITH A-B PROPERTIES FOR APPROXIMATELY 34.53 ACRES, NORTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, WEST OF GABBERT ROAD WHEREAS, on December 16, 1998, the Moorpark City Council adopted Resolution No. 98-1556, adopting a Negative Declaration and General Plan Amendment, Ordinance No. 249 approving a Zone Change, and Ordinance No. 250 (effective January 15, 1999), approving two Development Agreements, all regarding two properties, one approximately 34.53 acres owned by A-B Properties, and one approximately 8.79 acres owned by Southern California Edison Company (SCE), both being north of the Union Pacific railroad right-of-way and west of Gabbert Road; and WHEREAS, on July 20, 2011, the City Council adopted Ordinance No. 405, terminating the Development Agreement with SCE; and WHEREAS, A-B Properties, has requested an amendment to the Development Agreement with A-B Properties to address terms for certain public improvements; and WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes procedures for the amendment of a Development Agreement; and WHEREAS, on April 18, 2012, the City Council adopted Resolution No. 2012- 3098, directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on this matter; and WHEREAS, at its meeting of July 24, 2012, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: A Negative Declaration was prepared and adopted for this project by City Council Resolution No. 98-1556. No further environmental documentation is necessary for the amendment to the Development Agreement. Resolution No. PC-2012-575 Page 2 SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of the proposed Ordinance amending the Development Agreement by and between the City of Moorpark and A-B Properties as attached in Exhibit A. SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Groff, Hamous, and Vice Chair Gould NOES: None ABSTAIN: None ABSENT: Chair Landis PASSED, AND ADOPTED this 24th day of July, 2012. �_ �/' �__/ ‘- e Kipp ra dis, C air 1 y ,�,�� David A. Bobardt, Community Development Director Exhibit A - Draft Ordinance Amending Development A reement ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND A-B PROPERTIES FOR APPROXIMATELY 34.53 ACRES, NORTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, WEST OF GABBERT ROAD WHEREAS, Section 65864 of the Government Code provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that property; and WHEREAS, Chapter 15.40 of the Moorpark Municipal Code contains procedures for adopting, administering, amending, and terminating Development Agreements; and WHEREAS, on December 16, 1998, the Moorpark City Council adopted Ordinance No. 250 (effective January 15, 1999), approving a Development Agreement by and between the City of Moorpark and A-B Properties regarding approximately 34.53 acres, approximately 1,300 feet west of Gabbert Road and North of the Union Pacific Railroad Right-of-Way, effective on January 15, 1999; and WHEREAS, A-B Properties, has requested an amendment to the subject Development Agreement to address terms for certain public improvements; and WHEREAS, on April 18, 2012, the City Council adopted Resolution No. 2012- 3098, directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on this matter; and WHEREAS, on , 2012, the Planning Commission adopted Resolution No. PC 2012- recommending to the City Council approval of Amendment No. 1 to the Development Agreement; and WHEREAS, a duly noticed public hearing was conducted by the City Council on , 2012, to consider Amendment No. 1 to the Development Agreement and to accept public testimony related thereto; and WHEREAS, the City Council has considered all points of public testimony relevant to Amendment No. 1 to the Development Agreement and has given careful consideration to the content of Amendment No. 1 to the Development Agreement; and WHEREAS, changes to the project with Amendment No. 1 to the Development Agreement do not result in new information or impacts that would require preparation of EXHIBIT A Ordinance No. Page 2 a new or subsequent environmental document under the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find that Amendment No. 1 to the Development Agreement by and between the City of Moorpark and A-B Properties adopted by Ordinance No. 250 and recorded in the Office of the Recorder, County of Ventura on December 30, 1998 by Instrument No. 98-233584 regarding approximately 34.53 acres, approximately 1,300 feet west of Gabbert Road and North of the Union Pacific Railroad Right-of-Way, as shown in Exhibit A, is consistent with the Moorpark General Plan and Chapter 15.40 of the Moorpark Municipal Code. SECTION 2. The City Council hereby adopts Amendment No. 1 to the Development Agreement by and between the City of Moorpark and A-B Properties adopted by Ordinance No. 250 and recorded in the Office of the Recorder, County of Ventura on December 30, 1998 by Instrument No. 98-233584 regarding approximately 34.53 acres, approximately 1,300 feet west of Gabbert Road and North of the Union Pacific Railroad Right-of-Way, as shown in Exhibit A, and the City Clerk is hereby directed to cause one copy of the signed, adopted amendment to the development agreement to be recorded with the County Recorder no later than ten (10) days after the City enters into Amendment No. 1 to the Development Agreement pursuant to the requirements of Government Code Section 65868.5. SECTION 3 . If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4 . This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5 . The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. Page 2 of 12 Ordinance No. Page 3 PASSED AND ADOPTED this day of , 2012. Janice S. Parvin, Mayor ATTEST: Maureen Benson, Assistant City Clerk Attachment: EXHIBIT A - Amendment No. 1 to Development Agreement between City of Moorpark and A-B Properties Page 3 of 12 Ordinance No. Page 4 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND A-B PROPERTIES THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 Page 4 of 12 Ordinance No. Page 5 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND A-B PROPERTIES This Amendment No. 1 to the Development Agreement ("the Agreement") by and between the City of Moorpark and A-B Properties adopted by Ordinance No. 250 and recorded in the Office of the Recorder, County of Ventura on December 30, 1998 by Instrument No. 98-233584 regarding approximately 34.53 acres, approximately 1,300 feet west of Gabbed Road and North of the Union Pacific Railroad Right-of-Way is made and entered into on , by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City") and A-B PROPERTIES, a California General Partnership (referred to hereinafter as "Developer"), the owner of real property addressed by the Agreement and Amendment No. 1 to the Agreement. City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree amend certain Sections and Subsections of the Agreement as follows: Section 4 of the Agreement is amended in its entirety to read as follows: 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to all City building codes in effect at the time the plan check or permit is approved per Title 15 of the Moorpark Municipal Code and to any federal or state building requirements that are then in effect (collectively "the Building Codes"). 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. SUBSECTIONS 4.2 AND 4.4 ARE ADDED AND SECTION 4.3 IS UPDATED CONSISTENT WITH CURRENT LANGUAGE USED IN OTHER DEVELOPMENT AGREEMENTS. Page 5 of 12 Ordinance No. Page 6 Subsection 6.3 of the Agreement is amended in its entirety to read as follows: 6.3 Prior to the issuance of each building permit within the boundaries of the Property, Developer shall pay a fee in lieu of the dedication of parkland and related improvements (Park Fee). The amount of the Park Fee shall be fifty cents ($0.50) for each square foot of building area. THIS SUBSECTION IS UPDATED TO REFLECT THE CURRENT PARK FEE. ORIGINAL LANGUAGE IS $0.25 + CPI 1 YEAR AFTER 1St BLDG. PERMIT. THIS CHANGE MAKES IT EASIER TO ADMINISTER AND IT IS CONSISTENT WITH CURRENT LANGUAGE USED IN OTHER DEVELOPMENT AGREEMENTS. Subsection 6.4 of the Agreement is amended by adding the following: 6.4 For all building permits issued on or after December 16, 2018, the Development Fee shall be $44,325 per acre and shall be adjusted annually commencing one (1) year after this date, beginning on January 1, 2019, by the Consumer Price Index (CPI) using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Riverside/ Orange County metropolitan area during the prior year. The calculation shall be made during the month of August over the prior August. In the event there is a decrease in the CPI for annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. THIS SUBSECTION IS UPDATED TO REFLECT THE DEVELOPMENT FEE USED IN THE MOST RECENT DEVELOPMENT AGREEMENT (MOORPARK WEST STUDIOS PROJECT) BEGINNING WHEN THE TERM OF THE ORIGINAL DEVELOPMENT AGREEMENT EXPIRES. THE CPI INDEX IS THE SAME AS THE CURRENT AB PROPERTIES DEVELOPMENT AGREEMENT. Subsection 6.5 of the Agreement is amended by adding the following: 6.4 For all building permits issued on or after December 16, 2018, the Citywide Traffic Fee shall be $29,700 per acre and shall be adjusted annually commencing one (1) year after this date, beginning on January 1, 2019, by the Caltrans Highway Bid Price Index for Selected California Construction Items for the latest twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in the CPI for annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. THIS SUBSECTION IS UPDATED TO REFLECT THE CITYWIDE TRAFFIC Page 6 of 12 Ordinance No. Page 7 FEE USED IN THE MOST RECENT DEVELOPMENT AGREEMENT (MOORPARK WEST STUDIOS PROJECT) BEGINNING WHEN THE TERM OF THE ORIGINAL DEVELOPMENT AGREEMENT EXPIRES. THE HIGHWAY BID PRICE INDEX IS THE SAME AS THE CURRENT AB PROPERTIES DEVELOPMENT AGREEMENT. Subsection 6.7 of the Agreement is amended in its entirety to read as follows: 6.7. Prior to the issuance of each building permit within the boundaries of the Property, Developer shall pay an Air Quality Fee of sixty-three cents ($0.63) for each square foot of office building area and twenty- eight cents ($0.28) for each square foot of industrial building area. The Air Quality Fee shall satisfy the Transportation System Management Fee requirement for the Project and may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. THIS LANGUAGE IS UPDATED TO REFLECT CURRENT DEVELOPMENT AGREEMENT LANGUAGE USED IN OTHER DEVELOPMENT AGREEMENTS CONSISTENT WITH CITY COUNCIL FEE RESOLUTON FOR TSM FEE (2006-2461). IT IS CONSISTENT WITH THE INTENT OF THE ORIGINAL CONDITION, BUT REFLECTIVE OF THE PROJECT BEING DEVELOPED LOT-BY-LOT BY DIFFERENT BUILDERS, INSTEAD OF BEING BUILT ALL AT ONCE. Subsection 6.10 of the Agreement is amended in its entirety to read as follows: 6.10. Prior to City Council action on any Subsequent Approval, or grading or the Property, whichever occurs first, Developer agrees to provide City an irrevocable offer of dedication to dedicate right-of-way at no cost to City for the future North Hills Parkway (also known as future 118 bypass) along the entire length of the north side of the Property and along the entire length of the west side of the Property east of the Gabbert Channel. The right-of-way shall be a minimum of one hundred (100) feet in width on both sections and shall also include necessary slope easements in addition to this width to accommodate a grade-separated crossing of the existing railroad tracks south of the Property, along with turn radii and entry/exit lanes as determined by the City at its sole and unfettered discretion. Developer further agrees to dedicate access rights from the Property to the City along the entire North Hills Parkway frontage, except for private streets as approved as part of the Amending Tract No. 5147. THIS UPDATES THE ROW DEDICATION FOR THE NORTH HILLS PARKWAY. Page 7 of 12 Ordinance No. Page 8 Subsection 6.19 of the Agreement is amended in its entirety to read as follows: 6.19. Developer agrees that prior to the issuance of a building permit for any portion of the Property that exceeds forty percent (40%) of the acreage of the total of all developable lots (excluding lots used solely as private streets), Developer shall improve Gabbert Road from the intersection with Poindexter Avenue north to the intersection with the future North Hills Parkway (including transition improvements north of this intersection to meet the existing Gabbert Road improvements), and North Hills Parkway from the future intersection with Gabbert Road to Tri Gem Court. Improvements to Gabbert Road shall include four (4) travel lanes, with bike lanes, curbs, gutters, parkways, and sidewalks on each side of the street, and widening of the rail crossing, all consistent with City plans to the satisfaction of the Public Works Director/City Engineer. No signalization of the Gabbert Road/Poindexter Road Intersection will be required as part of this project. Improvements to North Hills Parkway shall be completed within the south side of the ultimate right-of-way and shall include two twelve (12) foot wide travel lanes, with an eight (8) foot wide bike lane, curb, gutter, parkway and sidewalk on the south/east side of the street and a median curb and temporary bike lane on the north/west side of the street consistent with City plans for the right-of-way improvements to the satisfaction of the Public Works Director/City Engineer. The street improvements for Gabbert Road and North Hills Parkway shall be designed and constructed to provide for a 50-year life as determined by the Public Works Director/City Engineer, and surety for these improvements shall be provided by the developer to the City prior to approval of the Final Map in an amount and form determined by the City in its sole and unfettered discretion to guarantee this improvement. THIS UPDATES AND CLARIFIES LANGUAGE THAT JUST REQUIRED GABBERT ROAD IMPROVEMENTS FOR 125 FEET FROM THE RAIL CROSSING (BUT DID NOT CLEARLYSPECIFY WHETHER OR NOT THE RAIL CROSSING WAS PART OF THE IMPROVEMENTS). THIS SECTION NOW ALSO REQUIRES NORTH HILLS PARKWAY IMPROVEMENTS TO TRI GEM COURT. BONDING IS REQUIRED FOR THESE PERMANENT ACCESS IMPROVEMENTS SINCE THE TEMPORARY PAVED ACCESS ROAD DISCUSSED IN SUBSECTION 6.21 IS ONLY PERMITTED FOR 40 YEARS AND REQUIRES A $125,000 ANNUAL RENT PAYMENT AFTER 8 YEARS. SECTION 7.7 IS ADDED TO THE AGREEMENT TO ADDRESS REIMBURSEMENT, SINCE OTHER PROJECTS WILL BE BENEFITTING FROM THESE IMPROVEMENTS. Page 8 of 12 Ordinance No. Page 9 Subsection 6.20 of the Agreement is amended in its entirety to read as follows: 6.20. (This section is intentionally left blank.) THE TRAFFIC STUDY REQUIRED BY THIS SECTION HAS BEEN COMPLETED AND IT HAS BEEN DETERMINED THAT SIGNALIZATION OF THE GABBERT/POINDEXTER INTERSECTION IS NOT NECESSARY AT THIS TIME. THAT HAS ALSO BEEN REFLECTED IN THE AMENDMENT TO SUBSECTION 6.19. Subsection 6.21 of the Agreement is amended in its entirety to read as follows: 6.21. Developer shall construct a thirty-two (32) foot wide paved access road on Southern California Edison property (paved access road) to the Property to serve as the primary access until such time as the Improvements referenced in Section 6.19 are constructed. At such time as the improvements in Section 6.19 are opened to the public, the paved access road shall become an emergency access only for the Property. The paved access road shall be located as described in the road, slope and drain easement grant from Southern California Edison Company to AB Properties, recorded on December 8, 2010 in the Office of the Recorder, County of Ventura by Instrument No. 20101208-00191903-0 1/24, and shall be constructed to City Standards for an industrial street but with no requirement for curb, gutter, sidewalk, streetlights, or landscaping. Drainage improvements shall be provided as necessary, and slopes shall be landscaped to prevent erosion. At such time as the improvements in Section 6.22 are opened to the public, the paved access road shall be closed to the public. THE EASEMENT DOCUMENT ALLOWS THE ACCESS FOR UP TO 40 YEARS FROM THE DATE OF THE RECORDING OF THE ROAD, SLOPE, AND DRAIN EASEMENT. Subsection 6.22 of the Agreement is amended in its entirety to read as follows: 6.22. Prior to the sale of the first lot in the Project by the developer, a Community Facilities District or other funding mechanism to the satisfaction of the City Council shall be established to provide funding for improvements to North Hills Parkway from and including the Union Pacific Railroad undercrossing to Gabbert Road and Gabbert Road from Poindexter Road to North Hills Parkway. Prior to the issuance of a building permit for any portion of the Property that exceeds seventy percent (70%) of the acreage of the total of all developable lots (excluding lots used solely as private streets), the North Hills Parkway undercrossing at the Railroad Right-of-Way immediately south of the Property shall be completed in a manner Page 9 of 12 Ordinance No. Page 10 approved by the City. THE SPECIFIC FUNDING OF THIS IMPROVEMENT IS NO LONGER IDENTIFIED IN THIS SUBSECTION, AND BONDING FOR THIS IMPROVEMENT WOULD NO LONGER BE REQUIRED Subsection 7.5 is added to the Agreement to read as follows: 7.5. City shall refund Developer twelve-thousand six hundred dollars ($12,600.00) collected to process Lot Line Adjustments 2010-01 through 2010-07 by crediting this amount to the Development Deposit Fund for this project. DEVELOPMENT AGREEMENT AMENDMENT WOULD MEMORIALIZE THIS REFUND. Subsection 7.6 is added to the Agreement to read as follows: 7.6. City agrees to allow the use of recycled material for road base for the private streets within the property when in compliance with all Moorpark Municipal Code requirements and all other applicable City Council polices, based on the issuance of a temporary use permit for a one-time stockpiling operation of uncrushed material not to exceed sixty (60) days in a manner to be at the City's sole discretion, and a one-time crushing operation not to exceed seven (7) days. The recycled road base shall meet acceptable green book standards to the satisfaction of the City Engineer/Public Works Director. DEVELOPMENT AGREEMEN> AMENDMENT WOULD MEMORIALIZE THIS REQUEST TO USE RECYCLED MATERIAL FOR STREET BASE. CURRENT COUNCIL POLICIES REQUIRE NEW MATERIAL FOR BASE ON PUBLIC STREETS. Subsection 7.7 is added to the Agreement to read as follows: 7.7. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map, development permit, or development agreement with one or more other developers. DEVELOPER WILL BE RESPONSIBLE FOR ROAD IMPROVEMENTS THAT WILL HAVE A WIDER BENEFIT THAN THIS PROJECT ALONE. THIS SECTION PROVIDES FOR REIMBURSEMENT FOR SUCH IMPROVEMENTS. Section 19 of the Agreement is amended in its entirety to read as follows: 19. Term. This Agreement as amended by this Amendment No. 1 shall remain in full force and effect for a term of twenty (20) years, or until all fees in Subsections 6.3, 6.4, 6.5, 6.6, 6.7, and 6.9 have been paid in full, whichever comes last, and Page 10 of 12 Ordinance No. Page 11 shall commence on the operative date of this Amendment No. 1 unless said term is further amended or the Agreement is sooner terminated as otherwise provided herein. Upon notice in accordance with Section 20 below the Developer may notify City at least one hundred eighty (180) days in advance of the term of this Agreement that an additional term is necessary for the completion of the Project. City may, at its sole and unfettered discretion, extend the agreement for a term of not less than one (1) year and no more than ten (10) years. Said extension of the term of this Agreement may include the addition of any new fees which may be in effect at the time of the extension request. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. THIS EXTENDS THE TERM BEYOND ITS DECEMBER 16, 2018 EXPIRATION. Section 21 of the Agreement is amended in its entirety to read as follows: 21. Entire Agreement. This Agreement, as amended by Amendment No. 1 to the Agreement, and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. Where there is a conflict between Amendment No. 1 to the Agreement and the Development Agreement adopted by Ordinance No. 250 for the development of the Property, Amendment No. 1 to the Agreement shall prevail. This Agreement shall not be further amended, except as expressly provided herein. THIS ADDS REFERENCE TO AMENDMENT NO. 1 AND NOTES THAT IT PREVAILS OVER THE ORIGINAL AGREEMENT IN CASE OF CONFLICT. All other Sections and Subsections of the Development Agreement by and between the City of Moorpark and A-B Properties shall remain in effect as adopted by Ordinance No. 250. - END - Page 11 of 12 Ordinance No. Page 12 IN WITNESS WHEREOF, the Developer and City of Moorpark have executed this Amendment No. 1 to the Development Agreement on the date first above written. CITY OF MOORPARK Janice S. Parvin Mayor OWNER/DEVELOPER A-B PROPERTIES By: Paul D. Burns General Partner ALL SIGNATURES MUST BE NOTARIZED Page 12 of 12