Legislation Details

File #: HIST-3465    Version: 1 Subject:
Type: Historical Status: Historical
In control: HISTORICAL - REDEVELOPMENT
On agenda: 9/18/2006 Final action: 9/18/2006
Title: Authorization to Enter into a Purchase and Sale Agreement for properties located at 8908, 8910, 8919, and 8921 Lindblade Street.
Attachments: 1. SR A1-Lindblade Purchase and Sale Agreement 9-18-06.doc, 2. ATT 06-09-18 Authorization to enter into a purchase agreement for Lindblade properties-06 clean.doc
City of Culver City, California Redevelopment Agency Agenda Item Report RECOMMENDATION: Staff recommends the Culver City Redevelopment Agency (the “Agency”) approve a purchase and sale agreement with the University of California for the purchase of properties located at 8908, 8910, 8919, and 8921 Lindblade Street. BACKGROUND: The properties being recommended for purchase are properties that are no longer being used by UCLA, but were previously used as a storage facility and book bindery. The Agency is interested in purchasing these properties and then subsequently selling them to Nooshin Malakzad as an effort to further the Agency’s redevelopment goals. Through the Agency’s acquisition efforts on the triangle site, the Agency acquired property located at 8831 Exposition Boulevard, owned by Nooshin Malakzad. Nooshin Malakzad is a fashion designer who has owned her building in Culver City since 1998. She currently employees 14 people. Staff recommends purchasing these properties from the University of California and then subsequently selling them to Nooshin Malakzad as a relocation site for her business. DISCUSSION: The properties in question will suit Nooshin Malakzad as a replacement site and will even allow her to expand her business. In addition to relocating her office and Meeting Date: 09/18/06 Item Number: A-1 AGENDA ITEM: Authorization to Enter into a Purchase and Sale Agreement for properties located at 8908, 8910, 8919, and 8921 Lindblade Street. Contact Person/Dept.: Alicia Weintraub Phone Number: 310-253-5778 Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master Notification List (09/13/06), Published in the Culver City News (08/31/06 & 09/07/06). University of California Real Estate Office and Nooshin Malakzad (08/31/06). Department Approval: Susan Evans (09/06/06) Exec. Director Approval: Jerry Fulwood (09/13/06) City Controller Approval: Marlee Chang (09/13/06)City of Culver City, California Redevelopment Agency Agenda Item Report design studio, she also has plans to open a retail store. These are preferred uses under the proposed specific plan and further what the Agency is trying to accomplish in this area. Nooshin Malakzad’s previous site was approximately 10,000 square feet. The property that is being recommended for sale is approximately 21,000 square feet. This site was not recommended as a relocation option for others on the Triangle Site for the following reasons: 1. Access issues: One property owner requires the use of a semi-truck for deliveries and a semi-truck cannot turn down Lindblade; and 2. Size: This site did not work for two smaller property owners because of the large size of this building. Even if the building were subdivided, it would still be too large. Upon the close of escrow with UCLA, staff is recommending that the Agency enter into a short term escrow with Nooshin Malakzad for the sale of the above mentioned properties. FISCAL ANALYSIS: The total purchase price for these properties is $6,525,000. The Agency would not realize any profit from the sale of these properties, as the purchase price being paid to UCLA would be the same price that Nooshin Malakzad pays the Agency. Nooshin Malakzad will pay all costs associated with escrow and legal costs for drafting and preparing this purchase and sale agreement. ATTACHMENTS: 3. Purchase and Sale Agreement with the University of California MOTION: That the Culver City Redevelopment Agency: Approve the Execution of a Purchase and Sale Agreement with the University of California for the sale of properties located at 8908, 8910, 8919, and 8921 Lindblade Street. Rev 9/8/2006 1 MEETING DATE: 9/18/06 AGENDA ITEM: Authorization to Enter into a Purchase and Sale Agreement for properties located at 8908, 8910, 8919 and 8921 Lindblade Street ATTACHMENTS Pages 1) Purchase and Sale Agreement 1-12Rev 9/8/2006 2 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (the “Agreement”) is entered into this _______ day of ___________, 2006, by THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, (“Seller”), and THE CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (“Buyer”). RECITALS A. Seller owns all of that real property located at 8908,8910,8919,8921 Lindblade Street, Culver City, California, more particularly described in Exhibit A attached hereto and by this reference incorporated herein, together with all improvements located on such real property, and all easements and rights appurtenant to it (the “Property”). B. Seller is willing to sell, and Buyer is willing to buy, the Property on all of the terms and conditions set forth in this Agreement. C. It is the intention of the parties that Buyer shall dedicate the Property to public uses as defined or permitted by California law. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Sale and Purchase. Seller shall sell to Buyer and Buyer shall purchase from Seller all of Seller’s right, interest and title in and to the Property on the terms and conditions set forth below. 2. Purchase Price. 2.1 Amount. The purchase price (the “Purchase Price”) to be paid by Buyer for the Property will be Six Million Five Hundred Twenty-five Thousand ($6,525,000). The Purchase Price shall be paid in cash to Seller in full at Closing. 2.2 Deposit. Buyer shall deposit with Escrow Holder the sum of One Hundred Thousand Dollars ($100,000.00) (the “Deposit”) no later than five (5) business days following complete execution of the herein Agreement. Said Deposit shall be non- refundable to Buyer unless Seller is unable to complete this transaction or the conditions precedent in Paragraphs 4.1 and 4.3 are not met. 2.3 Liquidated Damages. IF BUYER DEFAULTS UNDER THE TERMS OF THIS AGREEMENT AND DOES NOT COMPLETE THE TERMS OF THE SALE Rev 9/8/2006 3 WITHIN THE TIME SPECIFIED, TIME BEING OF THE ESSENCE, THE DEPOSIT SHALL BE RETAINED SUBJECT TO PARAGRAPH 2.2 BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IT IS DIFFICULT TO ASCERTAIN THE ACTUAL DAMAGES THAT SELLER WILL SUSTAIN IN THE EVENT OF AND BY REASON OF BUYER’S FAILURE TO COMPLETE THE SALE. ACCORDINGLY, THE PARTIES AGREE THAT THE AMOUNT OF THE DEPOSIT IS THE BEST REASONABLE ESTIMATE OF SUCH DAMAGES. THE PARTIES HAVE INITIALED BELOW TO ESTABLISH THEIR INTENT AS TO LIQUIDATE DAMAGES PURSUANT TO THE PROVISIONS OF THE CALIFORNIA CIVIL CODE AND THE PARTIES EXPRESSLY AGREE THAT SUCH LIQUIDATED DAMAGES WILL NOT BE DEEMED A FORFEITURE OR A PENALTY. UPON SUCH BREACH BY BUYER, BUYER SHALL HAVE NO FURTHER RIGHTS HEREUNDER. ALL RIGHT, TITLE, AND INTEREST IN AND TO THE PROPERTY SHALL CONTINUE TO REMAIN VESTED IN SELLER FREE OF ANY CLAIM OR RIGHT OF BUYER OR THOSE CLAIMING UNDER BUYER. ACCEPTED BY: For the Buyer:___________________ For the Seller:_______________ 3. Escrow, Closing, Payment of Purchase Price. 3.1 Escrow. Escrow for this transaction will be established with First American Title Insurance Company, National Commercial Services, 520 N. Central Avenue, 8 th floor, Glendale, CA 91203 (the “Escrow Holder”). Escrow shall close and title to the Property shall transfer within thirty (30) days of full execution of the herein Agreement or October 31, 2006, whichever last occurs (the “Closing”). 3.2 Deposit of Documents. 3.2.1 Seller shall at or before Closing deposit in escrow: (a) A grant deed conveying fee simple title to the Property to Buyer, substantially in the form attached hereto as Exhibit B; (b) An affidavit stating under penalty of perjury that Seller is not a foreign person pursuant to the Foreign Investment in Real Property Tax Act of 1980; (c) All documents and statements of information that may be reasonably required by the Escrow Holder in order to consummate the sale of the Property and the Closing; and (d) Seller’s share of Closing expenses as set forth in Section 3.3, below. 3.2.2 Buyer shall at or before Closing deposit into escrow:Rev 9/8/2006 4 (a) Cash equivalent to the Purchase Price less the amount of the Deposit; (b) Buyer’s share of Closing expenses as set forth in Section 3.3, below: and (c) All documents and statements of information that may be reasonably required by the Escrow Holder in order to consummate the sale of the Property and the Closing. 3.2.2 Each party shall execute and deliver to the Escrow Holder written instructions consistent with the terms hereof and shall provide the Escrow Holder with such other information, documents, and instruments as the Escrow Holder may reasonably require to close this transaction. 3.3 Expenses of Closing. Buyer and Seller shall each pay half the cost of title and escrow charges, including ALTA Owner’s Standard Form title insurance premium, transfer taxes, escrow fees, and filing and recording fees. If Buyer desires an ALTA Extended Form title policy, it shall be responsible for the cost of the survey and the difference in cost between the ALTA Owner’s Standard Form policy and the ALTA Extended Form policy. Escrow Holder shall debit Seller’s account for its share of the Expenses of Closing. 3.4 Prorations. Property operating expenses shall be prorated as of close of escrow. 3.5 Escrow Cancellation Charges. If Escrow should fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. If escrow fails to close for any reason other than the default of a party, each party shall pay one-half (1/2) of all escrow cancellation charges. 4. Conditions Precedent for the Benefit of Seller or Buyer. 4.1 For the Benefit of Both. Seller’s and Buyer’s respective obligations to close are conditioned on performance of all the other party’s respective obligations under this Agreement, whether such performance means the performance of an act or the refraining from performance of an act. Seller’s and Buyer’s respective obligations to close are further conditioned upon the continuing truth and accuracy of the representations and warranties set forth in Section 7. herein. Either party may waive in writing any condition for its benefit. In the event the conditions precedent to the Closing are not fully satisfied upon the Closing, the party for whose benefit such un-satisfied condition(s) is for, may terminate this Agreement by providing ten (10) days written notice to the other party. Except for the foregoing and as provided in Section 4.3, Buyer’s agreement to buy the Property on the terms of this Agreement is subject to no other conditions. Rev 9/8/2006 5 4.2 For the Benefit of Seller. This transaction is subject to the approval of the President of the University of California in conformance with its Standing Orders. 4.3 For the benefit of Buyer. This transaction is subject to and conditioned upon approval by the governing body of the Agency. 5. Condition of Title. Title to the Property shall be conveyed by Seller to Buyer at Closing by a grant deed free and clear of all liens, encumbrances, easements, restrictions, leases, and other matters affecting title, subject only to: (a) the lien of real property taxes and assessments not then delinquent; (b) those matters set forth as exceptions shown on the preliminary title report for the Property dated June 9, 2006, issued by First American Title Insurance Company, except those exceptions numbered 21-26, inclusive, concerning deeds of trust securing an indebtedness of Seller; (c) the standard printed exceptions in a ALTA Owner’s Standard Form policy of title insurance (the “Permitted Exceptions”); (d) the reservation of mineral rights by Seller (without the right of surface entry); and, Buyer has received a copy of the preliminary title report for the Property. 6. “AS IS” Sale. Except as expressly provided in Article 7, the Property is being sold “AS IS.” Buyer acknowledges that no representations or warranties of any kind whatsoever, express or implied, have been made by Seller, its agents, or employees except as expressly provided herein. Buyer specifically releases Seller, its agents and employees, from any obligation to investigate the Property or to apprise Buyer of any conditions that such investigations would reveal. In addition, Buyer acknowledges that any information provided by Seller, its agents or employees, including, without limitation, the following: a Phase I report dated June 8, 2006, a summary appraisal report dated May 25, 2006, a preliminary title report dated June 9, 2006, building plans for 8921 Lindblade, 5-page internal report dated June 1982 including a mechanical and structural observational analysis, structural engineering report dated January 1999 performed by Nabih Youssef , and exhaust fan replacement records for 8921 Lindblade dated August 2000 are provided for information purposes only, and no representation or warranty is made as to the accuracy or completeness of such information. Buyer further acknowledges that at Closing, Buyer shall have had every opportunity to inform itself of and be aware of all zoning regulations, other governmental requirements, site and physical conditions, including, without limitation, soils conditions, availability and quality of the water supply, special districts, and other matters affecting the use and condition of the Property, and agrees to purchase the Property in its “as is” condition at the close of escrow. In addition, without limiting the generality of the foregoing, Buyer Rev 9/8/2006 6 hereby releases Seller, its officers, agents and employees from any and all claims, losses, damages, liabilities and penalties which arise from or are connected in any way with the environmental condition of the Property. In this regard, Buyer expressly waives any rights or benefits available to it under the provisions of section 1542 of the California Civil Code, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Seller has no knowledge (i) of the release of any Hazardous Substance in or about the Property and (ii) of any pending or threatened proceedings or investigations regarding the presence, release, threat of release, placement, generation, transportation, storage, treatment or disposal of Hazardous Substances on the Property. “Hazardous Substance” as used herein means any matter which has been determined by any existing regulations, order or rule promulgated by a governmental authority of appropriate jurisdiction, to constitute a hazardous or toxic waste, substance or material under any federal, state or local statute, law, rule, regulation, ordinance or enactment of any governmental authority. Buyer acknowledges that by disclosing these matters above, Seller has complied fully with Section 25359.7 of the California Health and Safety Code. 7. Representations and Warranties. For the purpose of inducing the other to enter into this Agreement and to consummate the purchase and sale contemplated hereby, each party represents and warrants to the other the following representations and warranties, each of which is material and is being relied upon by the parties: 7.1 Each party represents and warrants to the other that it is duly authorized to undertake the transactions described herein, except as set forth in 4.3 herein. The Agreement and all documents executed by such party which shall be delivered to the other pursuant hereto have been, or will be, duly authorized, executed, and delivered by such party. 7.2 Seller represents, warrants and covenants to Buyer that: 7.2.1 At Closing, it will deliver possession of the Property free and clear of all tenancies, occupancies, and rights of possession and there will be no outstanding leases or occupancy agreements in respect of such property; 7.2.2. It will not cause, suffer, or permit any liens, encumbrances, or other cloud on the title of the Property from the date hereof to the Closing Date; 7.2.3. It has received no notice of any pending or threatened action or proceeding arising out of the condition of the Property for alleged violation of environmental, health, safety, or other statutes, ordinances, or regulations;Rev 9/8/2006 7 7.2.4. To the best of its knowledge there are no actions, suits, material claims, legal proceedings, or other proceedings affecting the Property before any court or governmental agency; and 7.2.5 Seller is a California corporation, duly organized and validly existing and in good standing under the laws of the State of California. 7.3 Buyer represents, warrants and covenants to Seller that: 7.3.1. It is a sophisticated public entity and acknowledges that its acquisition of the Property is on the basis of its own investigations of all aspects of the Property. Buyer accepts the Property in an “AS IS” condition except as otherwise indicated herein and assumes the risk that adverse physical conditions or applicability and effect of governmental laws and regulations pertaining to materials of environmental concern may not have been revealed by its own investigations, examinations, and inspections; 7.3.2. It hereby releases Seller and its officers, employees and agents from any and all claims for damages, losses, liabilities, costs or expenses whatsoever (including attorneys’ fees and costs) existing at the time of the Closing or which may arise in the future on account of or in any way growing out of or connected with the current presence or previous release of any materials of environmental concern on, in or about the Property, whether direct or indirect, known, or unknown, foreseen or unforeseen, except any such liability, claims, losses, damages, costs and expenses, including attorney’s fees arising out of and resulting from the presence, disposal, release or threatened release of any materials of environmental concern on, in, about, beneath or from the Property or other conditions of any sort on, under or about the Property and the cleanup or remediation of the same which are revealed by its investigations/examinations, disclosures by the other party, or otherwise prior to the Closing. 7.3.3. It will dedicate the Property to public use, which includes, but shall not be limited to the planning, development, or provision of such residential, commercial, industrial, public, or other structures or land uses as may be appropriate or necessary in the interest of the general welfare as permitted pursuant to the Community Redevelopment Law. 8. Disclosures. Seller shall deliver to Buyer, no later than the date of Closing, the following disclosure forms for the Property: (a) Natural Hazards Disclosure Statement (b) Real Estate Transfer Disclosure Statement (c) Real Estate Agency Disclosure (d) Mello-Roos Districts disclosure notice (e) Military Ordnance LocationsRev 9/8/2006 8 (f) Disclosure Regarding Industrial Use 9. Notices. All notices and other communications made pursuant to this Agreement shall be in writing, may be given by any duly authorized attorney or other agent on behalf of a party hereto, and shall be deemed properly delivered, given or served (a) on the same day when personally delivered (including delivery by expedited courier) or when transmitted by telegraph or telex or (b) forty-eight (48) hours after being deposited in the United States mail, first class, postage prepaid, to the parties at the following addresses: To Buyer: Culver City Redevelopment Agency 9770 Culver Boulevard Culver City, CA 90232-0507 To Seller: The Regents of the University of California c/o Real Estate Services Group 1111 Franklin Street, 6th Floor Oakland, CA 94607-5200 Attn: Director of Real Estate Either party may change its address for the purposes of this paragraph by giving ten (10) days prior written notice of change to the other party in the manner provided for in this paragraph. 10. Time of Essence. Time is of the essence of this Agreement. 11. Attorneys’ Fees. Each party shall pay its own legal fees incurred in connection with the negotiation of this Agreement and consummation of the transactions contemplated hereby. If any legal action, arbitration, or other proceeding is commenced to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to an award of its actual expenses, including without limitation, expert witness fees and attorneys’ fees and disbursements. The term “prevailing party” shall include a party who receives substantially the relief desired whether by settlement, dismissal, summary judgment, judgment, or otherwise. 12. Entire Agreement, Conflicts. This Agreement, and each of the Exhibits, contains the entire agreement of Seller and Buyer with respect to the matters contained therein and supersedes all prior and contemporaneous arrangements and understandings between Seller and Buyer, whether oral or in writing, expressed, or implied. 13. Amendment. This Agreement may only be amended or terminated by an agreement in writing signed by each of the parties, except as set forth in Section 4 herein.Rev 9/8/2006 9 14. Successors and Assignees. Neither party may assign its rights or duties herein without the prior written consent of the other party, which consent shall be in each party’s sole and absolute discretion. 15. Governing Law. This Agreement is being delivered and is to be performed in the State of California and shall be construed and enforced in accordance with and governed by the laws of the State of California. 16. Severability. If any provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such provision, to the extent they are not inconsistent with the intent and purpose hereof, shall not be affected thereby. 17. Counterparts. This Agreement may be executed in counterpart originals, in which case the counterparts, when fully executed by each of the parties hereto shall constitute one agreement. 18. Brokers. The parties represent and warrant that neither party has incurred any obligations for real estate commissions, finder’s fees or any similar fees in connection with the transaction contemplated herein. If any other person asserts a claim for commission or finder’s fees in connection with this transaction based upon contact or dealings with Buyer or Seller, the party through whom that person makes his claim will indemnify, hold harmless, and defend that other party form such claim and all expenses including reasonable attorney’s fees, incurred by the other party in defending the claim. [Signatures on following page]Rev 9/8/2006 10 IN WITNESS WHEREOF, the parties have executed this Purchase and Sale Agreement as of the day and year first written above. SELLER: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: _______________________________ Its: _______________________________ Date: _______________________________ BUYER: CULVER CITY REDEVELOPMENT AGENCY By: _______________________________ Its: _______________________________ Date: _______________________________Rev 9/8/2006 11 EXHIBIT A Description of Property Real property in the City of Culver City, County of Los Angeles, State of California, described as follows: PARCEL 1: Lots 28, 29, 30, 31, 32, 33, 35 and 36 of Tract No. 4161, in the City of Culver City, as per map recorded in Book 46 Page 32 of Maps, in the Office of the County Recorder of said County. EXCEPT that portion of Lot 36 described as follows: Beginning at the corner of said Lot 36 which is common to Lots 37, 54 and 55 of said Tract No. 4161, as said Lots are shown on the Record of Survey filed in Book 147 Page 26 of Records of Survey, in the Office of said County Recorder; thence along the Southwesterly line of said Lot 36 North 52º 40' 45" West, 0.51 feet to the center of the eight (8) inch wide (0.67') block wall, (the location of said Wall being determined by field measurements on September 30, 1996); thence, along the center of said Wall North 47º 30' 42" East, 41.12 feet; thence, continuing along the center of said Wall South 71º 20' 42" East, 3.14 feet to the intersection of said Center of Wall with the Southeasterly line of Lot 36, said Point of Intersection being located South 50º 20' 29" West, 0.25 feet along said Southeasterly line from the corner of said Lot 36 common to Lots 35, 55, and 56 of said Tract No. 4161; thence, along said Southeasterly line South 50º 20' 29" East, 45.60 feet to the point of beginning. PARCEL 2: Parcel 13, in the City of Culver City, as per record of Survey Map, filed in Book 81 Page 95 of Records of Survey, in the Office of the County Recorder of said County. EXCEPT therefrom that portion described as follows: Beginning at the most Northerly corner of said Parcel 13; thence South 28º 48' 01" West, 243.74 feet to the most Southerly corner of said Parcel 13; thence Northeasterly and Northwesterly, along the Southeasterly and Northeasterly boundaries of said Parcel 13 to the point of beginning. ALSO EXCEPT from the remainder thereof that portion lying Northeasterly of the Southeasterly prolongation of that certain course in the boundary of said Parcel shown on said map as North 35º 41' 00" West 110.00 feet. ALSO EXCEPT therefrom all the minerals, oil, gas, and other hydrocarbon substances, below a depth of 500 feet from the surface of said land but without any right to enter upon or disturb the ground within 500 feet of the surface thereof, dated March 4, 1963, as granted to Janus Oil Company, a partnership, in Deed recorded April 19, 1963 in Book D-1998 Page 819, Official Records. APN: 4206-015-901 and 4206-016-900 and 4206-013-903 and 4206-016-902Rev 9/8/2006 12 EXHIBIT B Form of Grant Deed AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: TITLE ORDER NO. GRANT DEED APN SPACE ABOVE THIS LINE FOR RECORDER'S USE No Recording Fee pursuant to Government Code 6103 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California public corporation (“GRANTOR”), hereby GRANTS to (“GRANTEE”), that certain real property known as , in the City of State of California, and more particularly described as: Legal Description or (“Exhibit A attached and by this referenced incorporated herewith”), subject to all matters of record. A reservation to Seller, its successors and assigns of the mineral interest and not as a royalty interest, all oil, gas, other minerals and hydrocarbon substances, and accompanying fluids including, but not by way of limitation, all geothermal resources in, under, or produced and saved from the real property granted thereby, together with any of the forgoing which may be allocated thereto pursuant to any pooling or utilization agreement or ratable takings program to which Seller my subscribe, and together with the sole and exclusive right to prospect for, drill for, produce, and remove such oil, gas, other minerals and hydrocarbon substances and geothermal resources, from the Property below the depth of five hundred feet (500') from the surface of said real property, without the right of surface entry, but including the right to slant drill from adjacent property, the right to utilize subsurface storage for natural substances, and the right to maintain subsurface pressures. GRANTOR: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California public corporation By: Its: Dated: \MAIL TAX STATEMENTS AS DIRECTED ABOVERev 9/8/2006 13 State of County of On before me personally appeared personally known to me (or 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. WITNESS my hand and official seal. Signature (seal)