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Declaration of Covenants, Conditions and Restrictions 2006-0370629 j . . , " . 9117 DOC# 2006-0370629 .I ..:;" ~fc;oq9Eb AT . " , CHICAGGtiTl.E~2/~EQur:sr OF 1111111111111111111111111111111111111111111111111111111111111111111111 MAY 25. 2006 1143 AM RECORI>INGREQlJESTEP:BY ) CiFFIClp.L RECOR[I~, ~,p AND WHEN RECORDED MAIL TO' ) :I,c:.JJ [IIEGO cuur'JT', F:ECOR[IEF:":, OFFICE ) 13RELirlF:', ,I ':;MITH cour'JT'1 F:ECOFt[IEF: ID FEE'" 0.00 ~f Poway-RedeveIopment Agency ) Pi.\.I:1E':,; 1[1 ~ P0 ,Box 789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Poway, California 92074-0789 ) ! Attn: Executive Director ) 2006-0370629 , ) 5303/302 ...f cP -.- This .document is exempt from the payment of a recording fee pursuant to Government Code Section 27383. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TIllS DECLARATI~F ~OVENANTS, CONDITIONS AND RESTRICTIONS (the "peclaration")is npde ,!sof yY\ -\ _ ,2006, by and between the POWAY REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency"), and A LA CARTE CORP, a California corporation (the "Developer"), with'reference to the following: A. The Agency and the Developer have executed a Disposition and Development Agreement (the "Agreement"), dated as ofJune 28, 2005, which provides for the development,of certain real property located in theC'itY of PO way, County of: San Diego, StateofCalifoinia, more fully described 'in Exhibit "A" ;'lt1achedhereto and incorporated herein by this reference (the "Site"), The Agreernent is, available forpubliC'inspection and copyi~gat.the office of the CitY Clerk, Poway City Hall, 13325 Civic Center Drive, Poway,Califomia, All ofthetein1s. conditions, provisions. and covenants of the Agreement areincorpor,ated in this Declaration by reference as though written out at length herein, Capitalized terms used herein and not otherwise defined shall have the same fneaning as.set farth.in'.Section 100 of the Agreement. B The Agreement provides:for, among other things, the Developer's execution of this Declaration with respect to the improvements on the Site (the "Improvements"). NOW, THEREFORE, the Developer and the Agency hereby agree as follows: L ])esign Control~. Develop~rand AgencY"agreeto negotiate in good faith with'each other and with the'purchaser of the Site, andlo use commercially reasonable efforts to mutually agree upon design and architectural requirements which would apply to any futuremodificationsofthe.Site and the Improvements, Such mutuallyagreed,upon design and architectural requirements shall'be. execllted,and recorded as an amendment to this Declaration, or in such other document as the parties determine, 2. Performance of Maintenance. (a). Developer shall maintain;thelmprovements and appurtenant improvements 6n the Site in accord'a:nc'e with the Maintenance Standards, as' hereinafter defined, Said improvements'shall include; but,not be limited to, buildings, sidewalks;pedestrian lighting, landscaping, irrigation,oflandscaping, architectural elements identifying the Site and any and all 6thefiinprovements on the Site. 1 DOCSOCIl 1,62004v2/022345 ,008 1 Cto--o+q . . ; 9118 ,(b) To,accoinplisil.,the maintenance, DeVelop'er snalf,either staff or contract with :andnirelicensed and':q~alified:personhel'io perform the mainfenancework, including the provisiol1 oflabor, equipment, l}1at'eri,als"suppo,rt facilities, and anyand.all other items necessary to comply with,therequirements ofthis'Declaration_ (c) The foll6Wiiig!standards ("Maintenance Standards") shall be complied with by j)eveloper and its maintenancelstaff,contractors or subconiractors, to the extent applicable to the improvements located on the'Site: I Landscape.maintenance shall iIiclude, but not be limited to: watering/irrigation; fertilization; mowing; 'edging; trimming of grass; tree and shrub pruning; trimming and shaping oftre~s'~nd,stlrubs',to maintain a healthy; natural ~ppearance and safe road ,conditions and visibility, and irrigation:coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrUbs; lawns, ground covers, or other planted areas; and staking for support of trees, 2. Clean-up maintenance shall inClude,',butnot,be limited to .maintenance of all sidewalks, paths and other paved areasin clean and weed-free condition; maintenance of all such areasclearofc1irt, mud, trash, c1ebris or other matter which is unsafe or unsightly;_removal of all trash,:litter and other debris. from improvements and landscaping prior to moWing; clearance and cleaning of.al\.areas maintained prior to the end of the day on which the .maintenance operations are_performed to ensure that all cuttings,weeds, leaves and other debris are properly disposed of by maintenance workers, 3 All-maintenance work shallconforni to all applicable federal and:state Occupation Safety and Health Act standards and regulations for the ,performance of maintenance, 4 Anyand all chemicals, unhealthful substances, and pesticides used in and ,during maintenance shaY_,beapplied in strict accordance with all governing regulations, Precautionary measures shall be employed recognizing that all areas are open to public access, 5 The Improvements shall be maintained in conformance and in compliance with. the approved Site construction and architeCtural,plans and design scheme, as the same may be:amended fr6mtime to time with the approval of the City, and reasonable commercial development maintenance, standards for similar projects, incllld)ng but not limited ,to: painting and cleaning:.ofall:exterior surfaces and other exterior facades-compnsingall private improvements and public improvements to the,curbline, 6. The Improvements shall be maintained as required by this Section 3 in good condition andin accordance with the custom and practice, generally applicable to comparable commercial offic_e developments located in San Diego'County 3 Failureto Maintain Improvements. Iii the event Developer does not maintain the Improvements in the manner setJorth herein and in accordance with-the Maintenance Standards, Agency'and/or <;;ity.shall have .the right to maintain such improvements, or to contract for the correction:ofsuchdeficiencies, after written.notice to Develope't. However, prior to taking any such action, Agehcy agrees tomotify Developer.inwriting ifthe.conditionofsaid improvements dO.not meet with ihe!'v1iljl1'tenance:Standards and to specify the deficiencies and the actions required to be takenby,'Deyeh)per tocure:the deficiencies. Upon notification of any maintenance deficiency, Developer shall have'thirty(30) days within which to correct"remedy or cure the deficiencylfthe 2 DOCSOCII162004v2/022345-0081 . . 9119 . w,rit!Em,I1.Qtifjcation'states'thepr20.1ermis urgent relating to..the.pub]j(:>lfealth and safety of the City or the Agency; then Devel6jJer;'shall have forty-eight (48) hours to rectify the problem, !i1'theevehtDevel6per 'fails; to1correct, remedy, or cme orhas not commenced correcting; remedying or curing such maintenance (jeficiency after notification and'after the period of correction h~,s lapsed,then City and!~Jf'Agency:shall.have.the right to maintain such improvements, Developer agrees to pay Agency such charges',and'costs, Until so paid, the. Agency shall.have a lien on the Site for the;amount of such charges or costs, which lien shall be p~rfected by the recordation ofa "Notice of Claim of Lien" against the.,Site, UjJon,recordation, ofa Noiice6f a Claim of Lien against the Site, suchlieh shall constitute alien on theJee ,estate in and tothe:Site'prior and superior to all after recorded monetary liens, Anysllc.bJienshall besuoject an(jsubordinate to any lease or sublease of the interest of Developer in:the:Sik,or.any portion thereofand to any easement affecting the Site or ahyportion thereof entered into:at'any time (either before or after) the date of recordation of such a Notice. Any lien.in favor oftj1e Agency created or claimed hereunder!i~expressly made subject and subordinate to any mortgageor,deedoftfustmade in good faith,and for'value, recorded. as Of the date of the recordation of the Notice ofGlaim of Lien describing such lien as aforesaid, and no such lien shall in'any way defeat, invalidate;:o'/)ll1pair the obligation or priority of any such'mortgage or deed of trust pun less the mortgage or,beneficiary thereunder expressly subordinates his interest, of record, to such lien, No lien in favorofthe>Agency createdor claimed,hexeunder shall in any way defeat, invalidate, or impair the obligation or priority of any lease, sublease oreasenient unless such instrunientis expressly subordinated.to:such lien, Upon foreclosme,of any mortgage or deed of trust made.in good faith and for value anclrecordedprior to the rec()~dationof any unsatisfied Notice of Claim of Lien, .the foreclosme-purchaser shall take title to .tlie Site free 'of any lien imposed by the Agency thathas accrued up to the time of the foreclosure sale, and upon taking title to the Site; such foreclosure-purchaser shallonly.be obligated to pay costs,associated with this Agreement'accruing after theforeclosurecpurchaser'acquires title to the Site. Ifthe Site is ever legally divided' with the . written:approvalofthe Agency,andfee:title to various,portions ofthe:Site is held under separate ownersliips; then the burdens'ofthe'mainte.nance obligations set forth hereinand.in this Agreement and the charges leviedoy theAgency..to:reimburse the Agency for the cost of undertaking such maintena:nce,obligations of Developer, and' its successors imd the, lien' for such charges.shallbe apportioned among the feeowners~fthe v~rious portions ofthe:Siteunder different ownerships according to the square footage (}fthe,land contained in the respective portions' of the Site owned by them. Upon apportionment, no separate owner of a portion'ofthe Site shall have any liability for the apportioned liabilities of any 9tl1er'separate owner of another portion of the Site, and the lien shall be similarly apportioned and shall:only constitute a lien against the jlortion of the Site owned in fee by the owner who is liable for the apportiol1ed c]1arges levied by the Agency,and secmed by the apportioned lien and againstho other 116rtionofthe Site, Developer acknowledges and agrees City and Agency may also,pursllS' any and all other remedies available.ih law or equity Developer shall be liable for any and allattomeys"fees, and other legal costs or fees incurred in collecting said maintenance costs, 4. COll1PlIa,ncewith Law. Developer shall comply with all local, state and federal laws relatirig.t6tlie uses"ofor..conditlon of the Site, If any new 10C<lllaws relating to uses of or condition 6f.theimprovements, create a condition or situation tlrat,constitutesa.lawful nonconforming use as defined by local ordinance'with,respectto the Site or any portion thereof, then so long as the lawful nonconforming use statuHemains.ineffect (i.e., until such lawful status, is properly terminated by amortizationas,provided for in.the:new local law or otherwise), Developer shall be entitled to enjoy the benefits of such lawful nQnconforming use pursuant to the lawful nonconforming uses,ordinance, 3 DOCSOC/II62004v2/022345-0081 . . 9120 - 5: Nondiscrimination. The Developer hereiitcoVeniints by and for itself, its ,heirs, 'executors, iidniinistriitors.aiid\fs"signs, and,all persons c1aiminguncler or through them, thai there shall .beno discrimination against of'Segregation of, any person"or group of persons ~n accounLof race"cqlor,..creed, religion,:sex,:marital status, national origiivorancestry in the sale, lease, sublease, 'triinsfer, use"occupancy; tenure or'enjoyment of the land herein conveyed, nor shall the Developer itsiMorany person c1aimingul1d~r o,rthrough Developer, establ\sh,orpermit any such practice or practices ofdiscrimination,or'segrt;gation'with reference to the, selection, location, number, use or occupancy-oftenants, lessees, subtenants; sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with Hie land, The Bevelop,er..shalI refrain from restricting thC'fental"sale or lease ofthe Site on the basis of race, color, .religion, sex, marital status, ancestry or national origin of any person, All such deeds, leases or contracts shaiJitontainorbe,subjectto substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: 'The grantee herein covenantsibyand for himself or herself"hisor her heirs, executors, administrators;and assigns, and all personS'GIaiming under or through 'them, that there ~hall be no discriminatiop again,st,!)r segregation of, any person or group ofpersons:onaccount of race, color, creed, religion, sex, 'n\<intal status, national origin or,antestryin the sale,.lease, sublease, transfer"use, occupancy, tenure or enjoyment of the land"herein'conveyed, nor shall the . granteeorany.person c1aiming,unde,ror through him or her, establish or permit any such practice ,or t 10:- practices of discrimination or segregation WIth reference to the selection, location,.number, use or II' '. occUpanty of tenants, lessees, subtenants, sublessees or vendees in tbe land herein conveyed, The \ foregoing covenants shall run with the land," (b) In leases: "The:lessee herein covenants ~y;andJor himself or herself, his or her heirs"executors, administrat6rs,!andassigns, and all persons claiming under or through him or f her, and'this leasejsmadeandacc~ptedupon and subjecttothe,f61l0wingconditions: "Thai there shall~b,e no di,scrimination against or.,segregation of any person or group of persons, on account of race, color; creed, religion, sex, maritalstatlis,natii:mal origin, or ancestry imth~ leasing, subleasing, transferring; use, occupancy, tenure, or ' enj oyment of the premises herein leased rior shall the lessee hinis"eJfor herself, or any person.c1airnihglllider,or through him or her, establish or permit any such practice or practices ofdiscrimination.or segregation with reference to the'sel~ction"location, number,us~, or occupancy of tenants, lessees,. sub lessees, subtenantS, or vendees in the premises herein leased," (c) In. contracts: "There shall'bemodiscrimination against or segregation of, anypersori, or,grOlip ofpersons,on,iiccount of race, color,creed,.religion, sex, marital status, national origin, or antestry, in the sale, lease, sublease, transfer; use, occupancy, tenure or enjoyment of the premises;nor shall the tral1sferee .l1imselforherselfor anypersonclaiming'under or through him or her, establish or permit ariy.suchpractite,or practices of discrimination or segregation with reference totheselettion, location, number; use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises," (l. Effect ofViolationof.the Terms and Provisions oUhis.Declaration. The covenants established in this Declaration and the deeds shall, without regard to technical 4 DOCSOCIt162004v2/022345-0081 . . . 91:21 ,c1as'sificationarid'designatl6ri, bebinding'for the benefit and ih favor'ofthe,.Agency, its successors ,ahctasiigl1s, as to those coVenankwl1ich are for its benefit. The'covenants contained in,this Declaraiion:shalhemain.in effe~t for,Jheperiods oftimeispecified tli~relri,' The,Agency is,deemed the.benefic'iar)i'of.thecterrils'ilnct,piovisionsofthis Declaration.and ofthe covenants running with the land, forand in its own rights 'and 'for the purposes of protectingthe.interests of the community and other parties,.public or private,inwhose favor and for whose benefit this'Declaration and the coVeh'anfs.h1iming with the iahi:LhaVe,been provided, The DetIaration.and the covenants shall run in faVor of the Agency, withoutregard,to whether the Agency has.been, remains or is an owner of any land or iI1ierest therein:inthe S.iteor in the Project Area. The Agency shall have the,right, if the Declaration.or coveriants are breachect,.to,exercise all rights and,remedies, and to maintain any . . .... . - -- '. actions or suits at law or in equiiy:or,other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries ofthis Declaration and coVehantsmay be entitled, 7. Miscellaneous'PfoVisions. a. If any provisiori' of this Declaration or portion thereof; or the application to any person or circumstances, sljaH.ti:)'anyextent be held.invalid,.inqperative,or unenforceable,:the r.emainder ofthis Declaration, or the application ofsuch'provisiori ot-portionthereofto any other persons or circumstances, shall nott,e affected thereby; it shall not be deemed that any. such invalid provision affects the consideration,for this Declaration, and each provision of this Declaration shall ,," be valid and enforceable to the fullest extent permitted by law, b, This Declaration shall be construed in. accordance with the laws of the State of California, c, This Declaration shall run with the land and .shall be binding uj:Jon:and.inure ~,. '" to the benefit of the successors arid:assigns of the Developer. Upon Developer's conveyance of the ,I' Site in accordance with the provisions:ofihe Agreement, Developershall not be responsible for complianc,ewith any of the requirements of this Declaration'arisingfrom and after the date of the conveyance, d, In the event action is instituted to enforce,any of the provisions of this Declaration, the prevailingparty'iil:such action shall be entitled to recover from the other party thereto as part.ofthe judgment, reasonable attorney's fees and costs. 8, Effect of Declaration. The covenants and agreements established in this.Declaration shalhwiihout r.egard to technical classification and designation,.ruri'withthe land and be binding on each owrier,ofthe:Site and any successor in.interestto the Site"oranypart thereof (including each parcel thereo!); for the'benefit of and in favor of the Agency,its',successor and assigns, and the City of Po way 5 D.oCSOC!l162004v2/022345-0081 . . -9,122 IN'WI'tNESS WHEREOF; the parties hereto have executedithis Declaration the day-ant! yearfirsthereinabove written. AGENCY: POWAY REDEVELOPMENT AGENCY, a public ::y,~~ Rod Gould, Executive Director ATTEST' ~ fn;/M~ A ncySecretary - , &~~~ - I DEVELOPER: By 6 DOCSOC/1162004v2/022345-0081 . . 91.2'3 . EXHIBIT "A" LE~ALnESCRIPTION OF'SITE (to be provided) DOCSOC/1162004v2l022345-0081 r , ' . . 9124 - Page 1 DESCRIPTION Order No, 53031302 PARCEL "D" .OFCERTIFICATE OF COMPLIANCE RECORDED JULy. 6, 2005 AS FILE NO. . 1 ~ .. 2005-0566608 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS: raAT PORTION OF LAND CONVEYED TO ~FFRIES, ET AL DOCUMENT NO, 1991-0468067, OF OFFICIAL RECORDS, RECORDEDS~PTEMB~R 12, 1991, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; ALSO BEING A. PORTION or THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF. THE NORTHWEST QUARTER or SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF POWAY, COUNTY OF SAN DIEGO, STATE OF . , CALIFORNIA, MORE PARTICULARLY DESC~IBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER ~F THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WE~TERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER NORTH 89.00'02" WEST 344.90 FEET; THENCE SOUTH 08.18'07" WEST 144.77 FEET; THENCE SOUTH 26.03'03'"WEST 82.70 FEET; THENCE SOUTH 25.35'34" WEST 167.66 FEET TO A POINT ON THE WESTERN PROLONGATION OF THE NORTH LINE OF LAND CONVEYED TO ERNEST H, PEACOCK ET AL, BY DEED RECORDED SEPTEMBER 2, 1953 IN BOOK 4974, PAGE 78 OF OFFICIAL RECORDS, COUNTY OF SAN DIEGO; THENCE EASTERLY ALONG TIlE PROLONGATION OF THE NORTH LINE OF SAID PEACOCK'S LAND FEET. SOUTH 89.00'02' EAST 2.86 FEET TO THE NORTHWEST CORNER OF SAID PEACOCK LAND; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PEACOCK LANjJ, NORTH 88.00'02" WEST 408.44 FEET TO TIlE WESTERLY RIGHT OF WAY OF COMMUNITY ROAD; THENCE NORTHlj:RLY ALONG SAID RIGHT OF WAY IilORTH 01"53'32" EAST 106,97 FEET; THENCE SOUTH 89.00'02" EAST 1,00 FEET; . .' THENCE NORTH 1.53' 32' EAST 60 01 FEET; THENCE NORTH 89.00' 02" EAST 1. 00 FEET TO THE WESTERLY RIGHT OF WAY OF COMMUNITY ROAD; THENCE. NORTHERLY ALONG SAID RIGHT OF WAY NORTH 1.53' 32" EAST 46.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89.00'21" WEST 112.09 FEET; THENCE NORTH 01.53'31" EAST 104.51 FEgT) THENCE SOUTH 88.06'29" EAST 6.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 37.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39.51'23" AN ARC DISTANCE OF 26.09 FEET; THENCE NORTH 52.02'08" EAST 23,26 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF HILLEARY PLACE, AS DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND INCIDENTS .FOR A PUBLIC STREET DOCUMENT 1992-0093381, OFFICIAL RECORDS" RECORDED FEBRUARY 21, 1992, SAID POINT IS ALSO THE THE BEGINNING OF A NONTANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 75.00 FEET A RADIAL TO SAID POINT BEARS ,S 37.34'04" WEST; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY THE FOLLOWING TWO COURSES; THENCE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 35.35'48", AN ARC DISTANCE OF 46.60 FEET; THENCE SOUTH 46.01'05" EAST 27.09 FEET; THENCE SOUTH' ALONG THE WESTERLY RIGHT OF WAY OF COMMUNITY ROAD SOUTH 01"53' 32" WEST 94,14 FEET TO THE TRUE POINT OF BEGINNING, APN: 317-101-54 . . ~ 91:-25 STATE OF CALIFORNIA ) COUNTYOF~NJ) 16€\. 0 ) ss, ) On /JJ//y 11., ;}DO (" , before me, eM?: PE)Ill4D D , Notary Public, (Print-Name ()[Notary Public) personally appeared ~Ut.,jl,.l..:l i1\..QfYrVOl-J)~ ~ personally known to me -or- D proved to me on the ,basis, of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 'instrument and acknowledged to me thathe/sheltheyexecuted the same ih hislher/their authorized'~apacity(ies), and that.byhislher/tlieir signature(s) on the instrument the person(s), or the.entityup6n,behalfofwhich the person(s) acted; executed the instrument. J.- :':"~~~'I WONESS mYh~::~ .; Notary Public. Cal1iomJal . .. San DIego County,~ Slgnalu," 01 NOlalY . . ". MyComm, Expire$0c!28, OPTIONAL Though the data below'is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this .form. CAPACITY CLAIMED BY'SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 Individual 0 Corporate Officer Title(s) Title Or Type Of Document 0 Partnei(s) 0 Limited 0 General 0 Attorney-IIi-Fact 0 Trustee(s) 0 GuardianJCOD?_e.rvator Number Of Pages D Other: Signer is'representing: Na"me OfPet-son(s) Or'E:ntity(ics) Date'Of Documents -~, Signer(s) Other- Than Named Above DOCSOC/1162004v21022345.0081 . . 9126 jD . . S1' ATE@PE:ALIFORNIA ) COUNTY OF IJf1A^{i)LR-PP ) ss, ) On fmq ~~1txi p ,before me, ~{/l~ C61krl~ , Notary Public, persomillyaJ?peared' 700 C 1-ffi1l ol- (Print N me of Notary Pubhe) )2i personally known to:me' -Of- )d pcoved to me on the basis of satisfactory evidence to be the ~n(s1"whose namet1l6l~ su~d to the within instrument and aCknow~me th . . shd.Yfey executed the same in i rlthett authorized~c!lpacity(~, and that . his theit signature{1)on the instrument the person~ or the entityup'on behalf of which the persi:lll!M'"acted, executed the instrument. . ....."""" WITNESS myhan and offiCial seal. , . . CommlIiIon "14463U 1 -~ NoiaryPubflc "CaurOiiila , . Ian '. 'MvCornnL~;'=.2CIlI7 i; OPTIONAL Though.'\he data, below is not re.quired by law; it may prove valuable 10 persons relying on Ihe documenland could prevent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER DESCRIP,TIONOF ATTACHED DOCUMENT D Individual D Corporate Officer TitJe(s) 1)eElarlu~~ ctl~S Title Or Type Of Document D Partner(s) D Limited 0 General D Attorney-In-Fact $6 D Truste.e(s) D Gtiardiari/Conseniator Number Of Pages D Other: Signer 'is. representing: ~'LQOlf Name Of.Person(s) Or: Entity(ies) , o!c Of Documenl~ - . h DOCSOC/I I 62004v2/022345-008 1