Loading...
HomeMy WebLinkAbout2025/12/02 City Council Resolution 2025-089 RESOLUTION NO. 2025-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE HINEBAUGH CREEK PEDESTRIAN BRIDGE IMPROVEMENTS, ACCEPTING A PUBLIC ACCESS EASEMENT, AND APPROVING THE FOURTH AMENDMENT TO THE MASTER MAINTENACE AGREEMENT AND DIRECTING RELATING ACTIONS WHEREAS, on September 14, 2021, the City Council of Rohnert Park adopted Resolution 2021-103, authorizing and approving a Public Improvement Agreement for Vast Oak North Hinebaugh Creek Pedestrian Bridge Improvements by and between the City of Rohnert Park and the University District, LLC ("Developer"), with an effective date of October 4th, 2021, and recorded on November 1, 2021, as Instrument No. 2021119194 &No. 201119195 in the Official Records of the County of Sonoma; and WHEREAS, on June 13, 2023, the City Council adopted Resolution 2023-043, acknowledging the construction of the Hinebaugh Creek Pedestrian Bridge ("Pedestrian Bridge") as complete and terminating the Public Improvement Agreement; and WHEREAS,the City recorded a Notice of Completion dated June 20, 2023, and recorded on June 23, 2023, as Instrument No. 2023028128 in the Official Records of the County of Sonoma; and WHEREAS, the City recorded a Notice of Termination dated August 13, 2024, and recorded on August 19, 2024, as Instrument No. 2024037655 in the Official Records of the County of Sonoma; and WHEREAS, the University District LLC has requested the City to accept the Pedestrian Bridge as a City asset; and WHEREAS,University District LLC, has submitted cost documentation for the Pedestrian Bridge which substantiates an asset value of$565,580; and WHEREAS,the acceptance of the Pedestrian Bridge as a City asset is consistent with the University District Specific Plan Environmental Impact Report as amended. WHEREAS, the City requires a Public Access Easement to establish a formal right for the City to provide access to the Pedestrian Bridge; and WHEREAS, on November 24, 2015, the City Council of Rohnert Park adopted Resolution 2015-181, authorizing and approving a Master Maintenance Agreement between the City of Rohnert and the Developer, with an effective date of April 13, 2016, and recorded on April 20, 2016, as Instrument No. 2016034366 in the Official Records of the County of Sonoma; and WHEREAS, the City requires the Developer to sign a Fourth Amendment to the Master Maintenance Agreement to maintain the Pedestrian Bridge according to specific conditions and regulations; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Engineer is authorized and directed to execute and file the Notice of Acceptance, in substantially similar form to Attachment#1, attached to this Resolution and incorporated by this reference. 4911-2067-5962 v 1 1 BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Grant of Public Access Easement Agreement, attached as Attachment #2 incorporated herein by reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Grant of Public Access Easement Agreement, in substantially similar form to Attachment#2, subject to modifications approved by the City Manager and City Attorney, and take all actions to effectuate the easement, including executing the Certificate of Acceptance accepting the Grant of Public Access Easement Agreement. BE IT FURTER RESOLVED that the City Manager is hereby authorized and directed to execute the Fourth Amendment to Master Maintenance Agreement for the Hinebaugh Creek Pedestrian Bridge, in substantially similar form to Attachment#3, subject to modifications approved by the City Manager and City Attorney, and to take all actions to effectuate this agreement. BE IT FURTER RESOLVED that the Director of Finance is authorized to make and all appropriation adjustments in order to record the asses in accordance with Generally Accepted Accounting Principles (GAAP). DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROHNER PART ON this 2nd day of December, 2025. CITY O :�'►� - ERT PARK ( X �,� a ATTEST: Ger.qualgrayor- .•� Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: .,_ • , ichael Barrett, Deputy City Attorney Attachments: Attachments 1, 2, and 3 ADAMS: ( ELWARD: _RODRIGUEZ: SANBORN: GIUDICE:�i P' A ES: ( NOE ( ) ABSENT: ( ABSTAIN: ( J Resolution 2025-089 Page 2 of 2 4927-4360-7674 v1 EP21-00001/GR21-00003 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4) NOTICE OF ACCEPTANCE OF VAST OAK NORTH HINEBAUGH CREEK PEDESTRIAN BRIDGE IMPROVEMENTS WHEREAS, the City of Rohnert Park, a California municipal corporation (“City”), and Univeristy District, LLC, a Delaware Limited Liability Company. (“Developer”) entered into that certain Public Improvement Agreement, dated October 4, 2021, and recorded on November 1, 2021, as Instrument No. 2021119194 & No. 2011119195 in the Official Records of Sonoma County, California (the "Improvement Agreement") with respect to University District Development project (the “Project”), more particularly described in Exhibit A of the Improvement Agreement. WHEREAS, Developer has completed construction of the improvements required to be completed under the Improvement Agreement, which includes construction of a pedestrian bridge over Hinebaugh Creek, as required pursuant to the Improvement Agreement (the “Pedestrian Bridge Improvements”). WHEREAS, the Pedestrian Bridge Improvements provide a pedestrian connection over Hinebaugh Creek connecting the north and south sections of the Project. WHEREAS, the City desires to accept the Pedestrian Bridge Improvements pursuant to the requirements of Rohnert Park Municipal Code Section 16.16.100. WHEREAS, the City Manager is authorized to execute this Notice of Acceptance pursuant to City Council Resolution No. 2025-____, adopted by the City Council on _____________. WHEREAS the City intends to use the Pedestrian Bridge Improvements for the above described purposes. NOW, THEREFORE, the City hereby accepts the Pedestrian Bridge Improvements. Dated: __________________ CITY OF ROHNERT PARK _________________________________ Marcela Piedra City Manager Authorized by Rohnert Park City Council Resolution No. 2025-____ adopted on December 2, 2025 and Rohnert Park Municipal Code Section 16.16.100 adopted by Ordinance 744 in 2005 4927-4360-7674 v1 EP21-00001/GR21-00003 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) § COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) OAK #4822-1985-9231 v1 1 City as Grantee 4926-4477-9386 v1 This Document is Recorded For the Benefit of the City of Rohnert Park and is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded, Mail to: City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 Exempt from the fee per GC27388.1 (a); Transfer Tax = 0, deed to public agency SPACE ABOVE THIS LINE FOR RECORDER’S USE GRANT OF PUBLIC ACCESS EASEMENT AGREEMENT This GRANT OF PUBLIC ACCESS EASEMENT AGREEMENT (this “Agreement”) is made and entered into effective as of this ______ day of ______________, 2025, by and between University District LLC (the “Grantor”), and the City of Rohnert Park, a municipal corporation (the “Grantee”), with reference to the following facts and intentions: R E C I T A L S A. Grantor is the owner of that certain real property located in the City of Rohnert Park, County of Sonoma, State of California, as more particularly described as Hinebaugh Creek, Rohnert Park, California (APN 159-550-036) (the “Property”); and B. The Grantor has requested the City to accept the pedestrian bridge as a City asset; and C. The Grantor has agreed to provide an easement over the Property for the City to have a right to access the pedestrian bridge; and D. Grantor is willing to grant to Grantee and Grantee is willing to accept an easement over those certain portions of the Property more particularly described in the legal description attached hereto as Exhibit “A” (the “Easement Area”), for the purpose of public access on the terms and conditions as provided herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, an exclusive, perpetual easement in, on, over, under, across, and through the Easement Area to provide access to, over, across and upon the pedestrian bridge on the Property (the “Easement”), OAK #4822-1985-9231 v1 2 City as Grantee 4926-4477-9386 v1 together with all necessary and convenient means of ingress and egress to and from said Easement at all times, on the terms and conditions set forth herein. For the purposes of this Agreement, the City’s right to use the Easement Area includes the right to access the pedestrian bridge as the owner of the bridge. 2. Restrictions on Use of Easement Area. The Easement Area shall not be used for any purpose other than as a public access easement. The Parties agree that no building, wall, fence, barrier or other permanent structure of any kind which impairs or impedes access to, or use of, any of the Easement shall be constructed or maintained on the Easement Area, nor shall any deep rooted tree, deep rooted shrubs or other plants or vegetation be installed, constructed, erected, placed, planted or maintained in any portion of the Easement Area, nor shall the Parties do anything which shall prevent, impair or discourage the use of the Easement. 3. Maintenance of the Easement Area. Grantor shall be responsible for maintenance of the Easement Area and any improvements constructed thereon, including the pedestrian bridge. Any damage caused by Grantor, or by any of Grantor’s lessees, licensees, permittees, agents, employees, contractors and/or successors and assigns that occur in the Easement Area, as a result of the Grantor maintaining the Easement Area shall be promptly repaired, replaced, or compensated for by Grantor, at its sole cost and expense. 4. Indemnification. Grantor shall, indemnify, protect, defend and hold harmless Grantee, and its officers, agents, employees, contractors licensees, permittees, transferees, successors and assigns (each, an “Indemnitee” and collectively, “Indemnitees”) from and against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited to, experts fees and reasonable attorneys’ fees and costs) and liabilities of whatever kind or nature (collectively, “Claims”), that arise from or occur in whole or in part as a result of the construction or maintenance of the Easement Area or improvements located thereon by Grantor or its employees, agents, representatives, contractors, subcontractors, consultants, or invitees, or the performance of, or failure to perform, Grantor’s duties under this Agreement, including, but not limited to, Claims arising out of: (a) injury to or death of persons, including but not limited to employees of Grantor or Grantee; (b) injury to property or other interest of Grantor, Grantee, or any third party; (c) violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances, including all of the foregoing relating to the environment and including any liability imposed by law or regulation without regard to fault, excepting only with respect to any Indemnitee, to the extent of any Claim arising from the gross negligence or willful misconduct of such Indemnitee. In the event any action or proceeding is brought against any Indemnitee for any Claim against which Grantor is obligated to indemnify or provide a defense hereunder, Grantor upon written notice from Grantee shall defend such action or proceeding at Grantor’s sole expense by counsel reasonably acceptable to Grantee. 5. Recordation and Binding on Successors. This Agreement shall be recorded in the Recorder’s Office in the County of Sonoma and, upon such recordation, shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. OAK #4822-1985-9231 v1 3 City as Grantee 4926-4477-9386 v1 6. Exclusivity. The Easement granted hereunder is exclusive. Grantor shall not grant any other party the right to use and grant other easement rights in and to the Easement Area, without prior written approval by the City. 7. Term of Agreement. This Agreement and the Easement contained herein may be terminated upon mutual written consent of the parties. 8. Attorneys’ Fees and Governing Law. This Agreement may be enforced by an action at law or in equity and in the event that suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the prevailing party in such suit shall be entitled to recover reasonable attorneys’ fees from the other party and any judgment or decree rendered in such suit shall include an award therefore. This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of California. 9. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, this determination shall not affect any other provision of this Agreement, and all other provisions shall remain in full force and effect. 10. Notices. All notices or demands which either party is required or desires to give to the other shall be given in writing by certified mail, return receipt requested with the appropriate postage paid, by personal delivery, by facsimile or by private overnight courier service to the address or facsimile number set forth below for the respective party, or such other address or facsimile number as either party may designate by written notice to the other. All such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day. If to Grantor: University District LLC 12657 Alcosta Boulevard, Suite 250 San Ramon, CA 94583 Attn: Josh Roden Phone: 925-314-4012 Email: Josh.Roden@brookfieldrp.com With a copy to: Seubert Frimel & Warner LLP 1075 Curtis Street Menlo Park CA 94025 Attn: Jim Anderson Phone: 650-387-4008 Email: jim@sfw-law.com If to Grantee: City of Rohnert Park OAK #4822-1985-9231 v1 4 City as Grantee 4926-4477-9386 v1 130 Avram Ave. Rohnert Park, CA 94928 Attn: City Manager’s Office Phone: 707-588-2232 Email: admin@rpcity.org With a copy to: Michelle Marchetta Kenyon Rohnert Park City Attorney Burke, Williams & Sorensen 1901 Harrison Street, Suite 900 Oakland, CA 94612 Phone: 510-273-8780 Email: mkenyon@bwslaw.com 11. Operative Date. This Agreement shall become effective, operative and enforceable upon the last date upon which a party duly executes this Agreement. 12. Cooperation. Grantor and Grantee promise and agree to use their best efforts to cooperate together in the performance of the rights and obligations provided for in this Agreement. Each party shall use their best efforts to perform their rights and obligations under this Agreement in a manner that is respectful of the others’ quiet enjoyment of their property. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and when taken together they shall constitute one and the same Agreement. 14. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by the parties to be charged. [Signatures on the Following Page] OAK #4822-1985-9231 v1 5 City as Grantee 4926-4477-9386 v1 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first written. GRANTEE: GRANTOR: City of Rohnert Park, a municipal corporation By: ___________________________________ Name _________________________________ Title: __________________________________ By: ________________________________ Name _____________________________ Title: ______________________________ OAK #4822-1985-9231 v1 6 City as Grantee 4926-4477-9386 v1 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) )ss COUNTY OF ________________________________ ) On , before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) Personally appeared , Name of Signer(s) who 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 that he/she/they executed the same in his/her/their authorized capacity(is), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (S E A L) OAK #4822-1985-9231 v1 7 City as Grantee 4926-4477-9386 v1 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) )ss COUNTY OF ________________________________ ) On , before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) Personally appeared , Name of Signer(s) who 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 that he/she/they executed the same in his/her/their authorized capacity(is), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (S E A L) OAK #4822-1985-9231 v1 8 City as Grantee 4926-4477-9386 v1 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by the [INSERT TITLE OF DOCUMENT, E.G., GRANT DEED, GRANT OF EASEMENT], dated from to CITY OF ROHNERT PARK, a municipal corporation of the State of California (“City”), is hereby accepted by the City Manager on behalf of the City pursuant to authority conferred by Resolution No. ___, dated ______________, and the City consents to recordation thereof by its duly authorized officer. Date: ____________________, 2022 CITY CITY OF ROHNERT PARK _ ______________, City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On this _____ day of _______________, 20__, before me, ____________________________, a Notary Public in and for the State of California, personally appeared _______________________________________________ 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL the day and year first above written. ____________________________________ NOTARY OAK #4822-1985-9231 v1 9 City as Grantee 4926-4477-9386 v1 EXHIBIT A LEGAL DESCRIPTION AND PLAT 4914-8656-1658 v1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4) FOURTH AMENDMENT TO MASTER MAINTENANCE AGREEMENT FOR THE HINEBAUGH CREEK PEDESTRIAN BRIDGE This FOURTH AMENDMENT TO MASTER MAINTENANCE AGREEMENT (“Fourth Amendment”), is made as of ____________________ by and between UNIVERSITY DISTRICT LLC, a Delaware Limited Liability Company (“Developer”), and CITY OF ROHNERT PARK, a California municipal corporation (the “City”). 1. Maintenance Agreement. Developer and City entered into an agreement entitled “MASTER MAINTENANCE AGREEMNT (University District – Vast Oak)” dated April 13, 2016, and recorded in the Official Records of Sonoma County as Document No. 2016034366 and amended by: a. First Amendment to Master Maintenance Agreement dated November 14, 2017, and recorded in the Official Records of the Sonoma County as Document No. 2017090821, b. Second Amendment to Master Maintenance Agreement dated November 15, 2018, and recorded in the Official Records of the Sonoma County as Document No. 2018079925, c. Third Amendment to Master Maintenance Agreement dated ________________, and recorded in the Official records of the Sonoma County as Document No. ____________. The Master Maintenance Agreement, as amended by the First, Second and Third Amendments may be referred to herein as the “Maintenance Agreement”. 2. Amendment. Pursuant to Section 17 of the Maintenance Agreement, City and Developer desire to add real property described in Exhibit A, attached hereto and incorporated herein by this reference (“Fourth Added Property”), as Added Property to the Maintenance Agreement. 3. Effective Date. The term “Effective Date” shall mean the date set forth above as to the Fourth Amendment. 4. Defined Terms. Capitalized terms and herein and not otherwise defined shall have the meaning set forth in the Maintenance Agreement. 5. Project Improvements. The term “Project Improvements,” as defined in the Maintenance Agreement, is hereby amended to include those improvements described in Exhibit B, attached hereto and incorporated herein by this reference. 4914-8656-1658 v1 6. Additional Obligations. Except as expressly set forth herein, all of the covenants, obligations and rights in the Maintenance Agreement shall apply to the Fourth Added Property and Developer. In addition, Developer agrees to the following terms regarding the Fourth Added Property: a. The Developer or their Assignee shall establish and fund a dedicated reserve for maintenance, rehabilitation, and replacement of the pedestrian bridge in compliance with the Design Life of 75 years, AASHTO Bridge Design Specifications, Eighth Edition that will cover 100% of costs for replacement at 75 years. b. The Developer or their Assignee shall provide an Initial Inspection report by a Structural Engineer, in accordance with CFR Title 23, Chapter 1, Subchapter G, Part 650, Subpart C, Section 650.311(a) (Method 1). The Initial Inspection and subsequent Routine Inspection Reports shall be filed with Public Works bi-annually in August, with Routine Inspection Reports starting in 2027. c. Prior to the City’s Acceptance of the Project Improvements the Developer shall: i. Supply the Initial Inspection report by a Structural Engineer and shall make all necessary repairs at their expense. This includes bridge and all abutments. ii. Complete City punch list items for the pedestrian bridge iii. Provide proof of the established reserve fund described in 6.a above. 7. Miscellaneous. a. Each party to this Fourth Amendment shall execute and deliver such instruments, documents and other written information and take such other actions as the other party may reasonably require in order to carry out the intent of this Fourth Amendment. b. This Fourth Amendment and all the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. c. This Fourth Amendment may be executed in one or more counterparts, all of which taken together shall constitute one instrument. d. This Fourth Amendment is made and entered into in California, and the laws of California shall govern the validity and interpretation hereof and the performance by the parties hereto of their respective duties and obligations. e. This Fourth Amendment shall be recorded in the Official Records of the County of Sonoma, State of California. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the Effective Date. DEVELOPER: University District, LLC, a Delaware Limited Liability Company By: ______________________________ Name: ______________________________ Title: ______________________________ CITY: 4914-8656-1658 v1 City of Rohnert Park, a California Municipal Corporation By: _____________________________ Marcela Piedra, City Manager Authorized by Resolution 2025-___ adopted by the Rohnert Park City Council at its meeting of December 2, 2025. ATTEST: By: _____________________________ Slyvia Lopez, City Clerk APPROVED AS TO FORM _____________________________________ Michelle Marchetta Kenyon, City Attorney ACKNOWLEDGMENT 4914-8656-1658 v1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) § COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) ACKNOWLEDGMENT 4914-8656-1658 v1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) § COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) personally appeared _______________________________, who 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________________________ (Seal) EXHIBIT A Added Property 4914-8656-1658 v1 [attached] Exhibit B Added Property Improvements 4914-8656-1658 v1 [attached]