Loading...
HomeMy WebLinkAboutContract 50301 4a 1A F��E,�Eo CITYSE C�T®RY a o Ea CONT C1C OFFO CONTRACT USE AGREEMENT FOR THE WILL ROGERS MEMORIAL CENTER �YSEAg*EN THE CITY OF FORT WORTH AND WORLD OF WONDER PRODUCTIONS,INC. This Location Use Agreement ("Agreement") is made and entered into by and between City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and World of Wonder Productions, Inc., ("Producer") acting by and through its duly authorized agent. City and Producer are collectively referred to herein as the "Parties." WHEREAS, Producer is seeking permission from the City to enter upon the Will Rogers Memorial Center for the purpose of filming in connection with the production currently entitled "Dancing Queen" ("Production")as provided for herein. WHEREAS, the City has determined that the photography and production of the Production will bring favorable publicity to the City and desires to make its facilities available to the Producer in accordance with the terms of this Agreement. NOW, THEREFORE, City and Producer for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: 1. Premises 1.01 For the Term specified in Section 2 below, and any extensions thereof, City hereby grants to Producer, its affiliates, successors, assigns, licensees, employees, representatives, independent contractors, and suppliers (all of whom shall be included in the term "Producer")the non-exclusive right to enter upon, in, and around the Fort Worth Will Rogers Memorial Center and specifically the Will Rogers Auditorium, which is situated at 3401 W Lancaster Ave, Fort Worth, Texas 76107 ("Premises"), and to bring equipment thereon to use the Premises for the purpose of taking still photography and video ("Images") in connection with the Production. 1.02 The use of the Premises granted to Producer by City includes both the interior and exterior areas and fixtures of the Premises. Access to the interior of the Premises shall not include any areas deemed restricted by the City in its sole discretion. 2. Term and Termination 2.01 Term. This Agreement shall be effective beginning at 8:00 a.m. on February 16, 2018 and ending at 11:59 p.m. on February 17, 2018 ("Term"), unless terminated earlier pursuant to the terms of this Agreement. 2.02 Option. At any time within 6 months from the date upon which the Term ended and with the City's prior written consent, Producer may re-enter the Premises for such period as may be reasonably necessary to photograph retakes or added scenes, subj ct to Producer's proves on of additional consideration Location Use Agreement with World of Wonder Productions,Inc. OFFICIAL RECORD Page 1 of 11 CITY SECRETARY FT.VY'OR1"Hj TXGavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time as mutually agreed to by the Parties. In addition, if Producer desires to make subsequent use of the Premises in connection with the Production, City hereby grants Producer an option for such use, subject to the mutual written agreement of the Parties concerning the dates of use and any additional consideration to be provided by Producer. 2.03 Termination. It is expressly provided that City and Producer shall have the right to terminate this Agreement with or without cause upon ten (10) days' written notice. In the event that Producer fails to comply with any of the terms and conditions of this Agreement, City shall have the right, without notice, to declare the Agreement immediately terminated. No such termination of will affect the Producer's ownership of the Images or any other recordings as set forth below in Section 5. 3. Consideration 3.01 The City finds that the Production will bring favorable attention and publicity to the City and further finds that this advantage constitutes adequate consideration for use of the Premises. 4. Condition,Protection,and Restoration of Premises 4.01 Producer hereby acknowledges that (a) it accepts the Premises in its present condition, and (b) City has made no representations to it regarding the safeness thereof or suitability for any particular purposes. 4.02 Producer covenants and agrees that it shall take the Premises as it finds them and Producer shall restore and yield said Premises, equipment, and all other properties belonging to the City back to the City at the expiration of this Agreement in the same condition as existed at the commencement of this Agreement and in which Producer found them, reasonable wear and tear excepted. Producer will pay the costs of repairing (to its condition immediately preceding the occurrence of such damage, reasonable wear and tear excepted) any damage that may be done to the Premises or the natural environment by any act of Producer or anyone visiting the Premises upon the invitation of Producer, excluding any such damage arising out of the negligence or misconduct of the City, its employees, agents, or contractors. The City shall, in its reasonable discretion, determine whether any damage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the Agreement, Producer is responsible. City shall reasonably judge the quality of the maintenance and damage of the Premises, fixtures, structures, or the natural environment by the Producer. Producer shall remove from the Premises all equipment and temporary sets and other materials placed thereon by Producer. If there is a dispute as to whether Producer has repaired any damages to the Premises caused by Producer, City must first deliver to Producer a reasonably detailed list of those items that have not been repaired and provide Producer with a reasonable opportunity to inspect the Premises, but in no case less than seven (7) days after delivery of the list,to determine the need for further repairs, if any. Location Use Agreement with World of Wonder Productions,Inc. Page 2 of 11 Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time 5. Rights to Images and Project 5.01 Producer shall be and remain the sole owner of all Images. Producer shall own all rights of every kind in and to the Images made on or about the Premises except as those right may be restricted by this Agreement or by law, and may reproduce, exhibit, and otherwise exploit such images or other depictions made on or about the Premises in connection with the Production in any manner or media whatsoever (whether known or hereafter devised), in whole or in part, throughout the world in perpetuity except as those rights may be restricted by this Agreement or by law; provided, however, that Producer represents and agrees that neither the Images nor the Production will in any way disparage the products of the City of Fort Worth or depict the City of Fort Worth or its facilities and Premises in any manner or use that is, or that may claim to be, defamatory, untrue, or censorable in nature,or bring harm to the heritage and history of Fort Worth or be used in any other manner deemed inappropriate as determined in the sole reasonable discretion of the Fort Worth City Manager. 6. RELEASE AND INDEMNIFICATION 6.01 Third-Party Release. Producer acknowledges that City lacks legal authority to grant permission for the use of the names or likenesses of individuals who might appear in the Images or Production. Producer shall be solely and exclusively responsible and liable with respect to obtaining any filming and photography releases required with respect to persons and third-party property located on the Premises. At a minimum, Producer shall provide and post signage in the immediate vicinity of its filming locations at the Premises notifying members of the public that photographing and/or videotaping is being conducted. Producer agrees to RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY CLAIM RELATING TO THE UNAUTHORIZED USE, FILMING, TAPING, RECORDING, OR PHOTOGRAPHING OF ANY INDIVIDUAL OR THIRD-PARTY PROPERTY. 6.02 GENERAL INDEMNIFICATION: PRODUCER AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING, BUT NOT LIMITED TO, ALLEGED DAMAGE OR LOSS TO CITY'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, (COLLECTIVELY, THE "CLAIMS") THAT ARISE OUT OF OR ARE OCCASIONED BY(i)PRODUCER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT Location Use Agreement with World of Wonder Productions,Inc. Page 3 of 11 Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF PRODUCER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS, RELATED TO PRODUCTION, RECORDINGS, OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY CLAIMS OR LIABILITY RESULTING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH PRODUCER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 7. Insurance 7.01 Prior to the time Producer is entitled to any right of access to or use of the Premises, Producer shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to City. The insurance shall be evidenced by delivery to City of executed certificates of insurance and/or certified copies of policies as determined by City. 7.02 Producer covenants and agrees to obtain and keep in force during the term of this Agreement, Commercial General Liability Insurance, including Personal Injury Liability, Independent Contractors Liability and Contractual Liability covering, but not limited to, the liability assumed under the indemnification provisions of this Agreement, with limits of liability for bodily injury (including death) and property damage of not less than One Million Dollars ($1,000,000), with an aggregate of not less than Two Million Dollars($2,000,000). All insurance policies shall include the following: 1) The term of insurance is for the duration of each Event, which includes the period from the right of access to set-up through the period allowed for removal of property; 2) The Producer is responsible for providing the City a thirty-day (30) notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein; 3) All policies shall include a Waiver of Subrogation(Right of Recovery) in favor of the City of Fort Worth; 4) a) Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be approved by City of Fort Worth Risk Management. b) Any self-insured retention (SIR) in excess of $25,000.00, affecting required insurance coverage, shall be acceptable to and approved by City of Fort Worth Risk Management in Location Use Agreement with World of Wonder Productions,Inc. Page 4 of It Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management. c) Company issuing the insurance policy shall have no recourse against the City of Fort Worth for payment of any premiums or assessments for any deductibles which all are at the sole risk of Producer; 5) The terms "Owner", "City"or City of Fort Worth shall include all authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and the individual members, employees and agents thereof in their official capacities and/or while acting on behalf of the City of Fort Worth.; and 6) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City,to any future coverage, or to City's self-insured retention of whatever nature. 7) The City, its officials,employees, agents and officers shall be endorsed as an "Additional Insured"to all policies except Employers Liability coverage. 8) Coverage shall be written on a per occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to City. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. When required, Excess Liability shall follow form of the primary coverage. 9) Automobile Liability Insurance shall provide coverage on any automobile, including and defined as automobiles owned, hired and non owned with a One Million Dollar ($1,000,000) combined single limit per accident or $250,000 Property Damage and $500,000 Bodily Injury per person, per occurrence. 10) All policies shall be written by an insurer with an A-:VIII or better rating by the most current version of the A. M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the City. 11) Deductibles shall be listed on the Certificate of Insurance and shall be on a "per occurrence" basis unless otherwise stipulated herein. 12) If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. Location Use Agreement with World of Wonder Productions,Inc. Page 5 of 11 Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time 13) Certificates of Insurance shall be delivered to the Will Rogers Memorial Center, 3401 W Lancaster, Fort Worth,Texas 76107, evidencing all the required coverages, including endorsements. 7.03 Producer hereby waives subrogation rights for loss or damage against City, its officers, agents and employees for personal injury(including death),property damage or any other loss. 7.04 Producer shall not do or permit to be done anything in or upon any portion of the Premises, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Premises or any part thereof, or in any way increase the rate of fire insurance upon the Premises or on property kept therein, or in any way obstruct or interfere with the right of the other tenants of the Facilities,or injure or annoy them. 7.05 The City may terminate this Agreement immediately upon the failure of the Producer to provide acceptable documentation of insurance as required by this Agreement. 8. Force Majeure 8.01 Producer. If, because of illness of actors, director, or other essential artists and crew; weather conditions; defective film or equipment; or any other occurrence beyond Producer's control, Producer is unable to start work on the date designated above or work-in-progress is interrupted during the use of the Premises by Producer, Producer shall have the right, at Producer's election, to (a) suspend or extend the Term so that Producer may use the Premises at a later date to be mutually agreed upon by the Parties, or(b)terminate the Agreement. 8.02 Com. If, by reason of Force Majeure as hereinafter defined, the City shall be rendered wholly or partially unable to carry out its obligations under this Agreement, then the City shall give written notice of the particulars of such Force Majeure to Producer within a reasonable time after the occurrence thereof. The obligations of the City,to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and the City shall in good faith exercise its best efforts to remove and overcome such inability. Producer hereby waives any claim against City for damages by reason of any delay due to Force Majeure. 8.03 The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control. 9. Intellectual Property Location Use Agreement with World of Wonder Productions,Inc. Page 6 of 11 Gavin McCoy Thursday,February B,2018 at 12:29:21 PM Pacific Standard Time 9.01 Producer may not use any designated marks or copyrights of the City of Fort Worth or the Fort Worth Will Rogers Memorial Center or authorize such use on any internet website or on any other on- line site, except as specifically approved by the City of Fort Worth or except as may be captured within the recordings. Producer, its designees, or assignees, shall not have the right or license to manufacture or cause the production of merchandise items bearing the City's designated marks or copyright. 9.02 Producer agrees to assume full responsibility for complying with all State and Federal Intellectual Property Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third-party intellectual property works by Producer. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of any intellectual property by Producer without the appropriate licenses or permission being secured by Consultant in advance. IT IS FURTHER AGREED THAT PRODUCER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THE CITY MAY BE SUBJECTED ARISING OUT OF OR RELATED TO PRODUCER'S USE OF ANY THIRD-PARTY INTELLECUTAL PROPERTY BY REASON OF AN ALLEGED OR ACTUAL INTELLECTUAL PROPERTY VIOLATION, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Consultant. 10. Compliance with Laws, Ordinances,Rules,and Regulations 10.01 Producer covenants and agrees that it shall not engage in any unlawful use of the Premises. Producer further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors,patrons, licensees,or invitees to engage in any unlawful use of the Premises, and Producer immediately shall remove from the Premises any person engaging in such unlawful activities. Any continued, uncured, unlawful use of the Premises by Producer, following written notice thereof to Producer, shall constitute a breach of this Agreement. Producer agrees to comply with all federal, state, and local laws; all ordinances, rules, and regulations of City of Fort Worth; all rules and regulations established by the Public Events Department Director(as communicated to the Producer); and all rules and regulations adopted by the Fort Worth City Council pertaining to the conduct required on the Premises, as such laws, ordinances, rules, and regulations exist or may hereafter be amended or adopted. If City notifies Producer or any of its Location Use Agreement with World of Wonder Productions,Inc. Page 7 of 11 Gavin McCoy Thursday,February8,2018 at 12:29:21 PM Pacific Standard Time officers, agents, employees, contractors, subcontractors, licensees, or invitees of any violation of such laws, ordinances,rules, or regulations, Producer shall use best efforts to bring an end to and correct the violation. 11. Security 11.01 Nothing herein shall make the City liable for, or a guarantor of, safety of persons or property on the subject Premises herein. Producer acknowledges that Producer is not relying on the City to provide security services and that the City has made no representations with respect thereto. The Producer shall be solely responsible for all costs and expenses associated with security systems and/or personnel employed by Producer to protect the Producer's property, with any such security arrangements as might affect the Premises being subject to the City's approval. 12. Venue and Choice of Law 12.01 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 13. Notices 13.01 All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If to City of Fort Worth If to Producer Public Events Department World of Wonder Productions, Inc. Attn: Kirk Slaughter Attn: Tom Wolf 1201 Houston Street 6650 Hollywood Blvd., Ste. 400 Fort Worth,Texas 76102 Hollywood CA 90028 With copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 14. Right of Entry 14.01 At all times during the term of this Agreement, City shall have the right, through its agents and representatives, to enter into and upon the Premises during reasonable business hours for the purpose of examining and inspecting the same for the purpose of determining whether Producer shall have complied with all of its obligations hereunder in respect to the use of the Premises. 14.02 During any inspection, City may perform any obligations that City is authorized or required Location Use Agreement with World of Wonder Productions,Inc. Page 8 of 11 Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules, or regulations. 15. Independent Contractor 15.01 Producer shall operate hereunder as an independent contractor as to all rights and privileges herein contained and nothing herein shall be construed as creating a partnership or joint enterprise between Producer and City. 16. No Waiver and Headings 16.01 The failure to insist upon a strict performance of any of the covenants or agreements herein set forth or to declare a forfeiture for any violation thereof shall not be considered or taken as a waiver or relinquishment for the future of City's rights to insist upon a strict compliance by Producer with all the covenants and conditions. 16.02 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. 17. Review of Counsel 17.01 Each party, and if it so chooses, its attorney has had the opportunity to review and comment on this document, therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement,and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein,regardless of who authored such language. 18. Counterparts,Severability,and Amendment 18.01 This Agreement may be executed by the Parties in several counterparts, each of which shall be deemed to be an original copy. 18.02 In the event any one or more of the provisions contained in this Agreement should for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal,or unenforceable provision had never been contained herein. 18.03 No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 19. Signature Authority 19.01 The person signing this Agreement hereby warrants that he/she has the legal authority to Location Use Agreement with World of Wonder Productions,Inc. Page 9 of 11 Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 20. Governmental Powers 20.01 It is understood and agreed that by execution of this Agreement,the City does not waive or surrender any of its governmental powers. 21. Entire Agreement 21.01 This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the parties concerning the use of the Premises hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. IN��//WITNESS WHEREOF,the parties have signed this Agreement in Fort Worth,Tarra ounty,Texas on l^day ofU ,2018. CITY OF FORT WORTH WO OF WO EIS PRODUCTIONS,INC. r By.a/ rV By: if San Alanis Tom if i Assistant City Manager COO APPROVED AS TO,�AND LEGALITY: By: 1� City Attorne ,Css" ATTES Q: By. �,{ City Sf tary _ No M&C required XA� OFFICIAL RECORD Location Use Agreement with World of Wonder Productions,Inc. CITY SECRETARY Page 10 of 11 FT.WORTN,TX Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time State of County of This instrument was acknowledged before me on this day of February, 2018,by Tom Wolf, COO of World of Wonder Productions, Inc., a California corporation, on behalf of said corporation. Sae i d4e,� (41"fa rrl1c-kkA 0 jp�Srr�rvf (Personalized Seal) Notary Public's Signature dd Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee it L1- Title Location Use Agreement with World of Wonder Productions,Inc. Page 11 of 11 Gavin McCoy Thursday,February 8,2018 at 12:29:21 PM Pacific Standard Time a CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On February 8,2018 before me,Mark Yoon,Notary Public (Here insert name and title of the officer) personally appeared Tom Wolf who proved to me on the basis of satisfactory evidence to be the person(s)whose name Is subscribed to the within instrument and acknowledged to me thateOh"ley executed the same inishefAe4authorized capacity(ies)-, and that by is ' 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. MARK YOON WITNESS my hand and official seal. z '• Notary Public-CaldaniaLos Angeles County Commission 9 2202255 My Comm.Expires Jul 20,2021 Signature of tary Public otary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Title or description document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Title or description continued California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com