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HomeMy Public PortalAbout20-9733-Amened and Restated Deed 1801 Ali-baba AvenueSponsored by: City Manager RESOLUTION NO. 20-9733 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED COUNTY DEED RELATED TO THE FORMER COUNTY -OWNED PROPERTY LOCATED AT 1801 ALI BABA AVENUE, OPA- LOCKA, FLORIDA TO PERMIT THE CITY OF OPA-LOCKA TO DEVELOP SUCH PROPERTY FOR INFILL HOUSING RATHER THAN A TOT LOT AND TO COMPLY WITH THE REQUIREMENTS OF THE AMENDED AND RESTATED COUNTY DEED; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 3, 2009, the Miami -Dade County Commission ("County") adopted Resolution No. R-244-09, which authorized, subject to a reverter, the conveyance of a County -owned vacant property located at 1801 Ali Baba Avenue, Opa- Locka, Florida ("Property"), to the City of Opa-locka ("City") for the purpose of the City using the Property as a public park; and WHEREAS, the County Deed ("Deed") was executed on November 5, 2009, and subsequently recorded in the Public Records of Miami -Dade County; and WHEREAS, the City is in the process of developing an infill housing program similar to the County's Infill Housing Initiative Program; and WHEREAS, the City has requested that the County agree to amend the Deed to change the present use of the Property, which is currently for a public park tot lot; and WHEREAS, the City proposes to have the Property developed with an affordable, infill home to ultimately be sold to a qualified homebuyer whose income does not exceed 120 percent of area median income as published by the United States Department of Housing and Urban Development for Miami -Dade County; and Resolution No. 20-973 3 WHEREAS, there is a need for affordable housing within the City; and WHEREAS, accordingly, the City Commission maintains that it is in best interest of the City and residents to change the use of the Property and permit the City to develop the Property with and for affordable, infill housing; and WHEREAS, if the City fails to develop or cause the development of the Property for the purposes stated herein within two years of the recording of the deed, unless such time is extended at the sole discretion of the County, then the Property shall revert back to the County, in its sole discretion, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, that: Section 1. Adoption of Representations. The foregoing recitals are true and correct and are incorporated in this resolution by reference. Section 2. Approval to Execute an Amended & Restated County Deed and comply with all requirements. The City Commission of the City of Opa-locka hereby approves the execution of an Amended and Restated County Deed related to the former County -Owned property located at 1801 Ali Baba Avenue, Florida to permit the City to develop such property with infill housing rather than a Tot Lot and to comply with the requirements of the amended and restated county deed. Section 3. Effective Date. This Resolution, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. 2 Resolution No. 20-9733 this 12th day of February, 2020. MOTION FAILED A : TEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris- WVrte s, P.A. City Attorney Moved by: Vice Mayor Davis Seconded by: Commissioner Kelley VOTE: 4-1 Commissioner Bass NO Commissioner Burke NO Commissioner Kelley YES Vice -Mayor Davis NO Mayor Pigatt NO Matthew A. Pigatt, Mayor 3 City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: i 7 )t2." .' , -- Finance Director: FD Signature: Department ' .._ /> City Manager: John Pate CM Signature: -4011,76 11911111.110 Commission Meeting Date: 2-12-20 Item Type: (EnterX in box) Resolution rdi R ance Other X Fiscal Impact: (EnterX in box) Yes No Resolution Reading. (EnterX in box) 1st Reading 2nd Reading X X Public Hearing: (EnterXinbox) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement (EnterX in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bi#: N/A x Strategic Plan Related (EnterX in box) Yes' No Strategic Plan Priority Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & City Communcation Area: • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Dev • • Image • MI Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO EXECUTE AN AMENDED AND RESTATED COUNTY DEED RELATED TO THE FORMER COUNTY -OWNED PROPERTY LOCATED AT 1801 ALI BABA AVENUE, OPA-LOCKA, FLORIDA TO PERMIT THE CITY OF OPA-LOCKA TO DEVELOP SUCH PROPERTY WITH INFILL HOUSING RATHER THAN A TOT LOT AND TO COMPLY WITH THE REQUIREMENTS OF THE AMENDED AND RESTATED COUNTY DEED; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On March 3, 2009, the County adopted Resolution No. R-244-09, which authorized, subject to a reverter, the conveyance of a County- Owned vacant property located at 1801 Ali Baba Avenue, Opa-Iocka, to the City of Opa-Iocka for the purpose fo the City using the property as a public park. RESOLUTION -TO EXECUTE AN AMENDED COUNTY DEED FOR INFILL HOUSING AT 1801 ALI BABA AVE 2-12-20 The City of Opa-locka is in the process of developing an infill housing program similar to the County's Infill Housing Initiative Program and the City has requested that the County agree to amend the Deed to change the present use of the Property, which is currently for a public park. The City of Opa-locka proposes to have the property developed with an affordable, infill home to be sold to a qualified homebuyer whose income does not exceed 120 percent of area median income as published by the United States Department of Housing and Urban Development for Miami -Dade County. If the City fails to develop or cause the development of the property for the purposes stated within two years of the recording of the deed, unless such time is extended at the sole discretion of the County; then the property shall revert back to the County. BACKGROUND. In the Magnolia North area, there are severalproperties which are government owned that need to be redevelopment for residential use and mixed use. The City of Opa-locka has some properties in the Magnolia North Area that were declared as surplus property between 2015 and 2017. One of the property's declared as surplus was located at 1801 Ali Baba Avenue, on the corner of Ali Baba Avenue and James Street. This property was originally owned by Miami -Dade County and was deeded to the City of Opa-locka to be used as a proposed tot -lot playground/public park. This was one of three parcels identified for the proposed tot -lot playground, the other two parcels were originally owned by the City of Opa-locka. The City initially began the development of the tot -lot playground while an opportunity to build a tot -lot through a KaBoom Grant Program with OLDCD was proffered. The City of Opa-locka redirected its efforts from the tot -lot on Ali Baba and James Street to the KaBoom tot lot on properties owned by the City of Opa-locka and OLCDC next'to the CET Building on Ali Baba Avenue and Duval Street. The KaBoom tot -lot was built and completed in 2014. Since that time, the tot -lot on Ali baba and James Street became a vacant property and in 2016 the parcels were declared as surplus. The City Staff at the time were not aware that this property had a deed restriction to be used as a public park only and a reverter clause that if the property was not developed as a public park, its ownership would automatically revert back to Miami -Dade County. Since that time, Miami -Dade County has released several nearby properties in the Magnolia North Area to be used for Infill Housing Opportunities. Since the City of Opa-locka seeks to implement a similar Infill Housing Program by selling the surplus property for redevelopment, it is the desire of the City of Opa-locka to seek changing the restriction on the deed for 1801 Ali Baba Avenue from public park to infill housing development with the same reverter clausethat if the property was not developed within a 3 year period, the property would revert back to the ownership of Miami -Dade County. Please advise if this amendment to the deed and restriction can be achieve. We are motivated to move forward with the Infill Housing opportunity ASAP. Staff has recommended approval of this legislation. Attachment: RESOLUTION- TO EXECUTE AN AMENDED COUNTY DEED FOR INFILL HOUSING AT 1801 ALI BABA AVE 2-12-20 " County Deed for 1801 Ali baba Avenue City of Opa-locka Resolution Miami Dade County Resolution Amended and Restated County Deed RESOLUTION- TO EXECUTE AN AMENDED COUNTY DEED FOR INFILL HOUSING AT 1801 ALI BABA AVE 2-12-20 Approved Mayor Agenda Item No. Veto Override RESOLUTION NO. RESOLUTION AUTHORIZING THE CHAIRPERSON OR VICE - CHAIRPERSON OF THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS, IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES, TO EXECUTE AN AMENDED AND RESTATED COUNTY DEED RELATED TO THE FORMER COUNTY - OWNED PROPERTY LOCATED AT 1801 ALI BABA AVENUE, OPA- LOCKA, FLORIDA TO PERMIT THE CITY OF OPA-LOCKA TO DEVELOP SUCH PROPERTY WITH INFILL HOUSING RATHER THAN A TOT LOT; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO TAKE ALL ACTION NECESSARY TO EFFECTUATE THE CONVEYANCE, TO ENFORCE THE PROVISIONS SET FORTH IN SUCH COUNTY DEED, TO PROVIDE COPIES OF THE RECORDED COUNTY DEED AND THE RESTRICTIVE COVENANTS REQUIRED BY THE COUNTY DEED TO THE PROPERTY APPRAISER WHEREAS, there is an area located within the boundaries of the City of Opa-Locka ("City") commonly known as the Magnolia Northside Neighborhood ("Magnolia"); and; WHEREAS, on March 3, 2009, this Board adopted Resolution No. R-244-09, which authorized, subject to a reverter, the conveyance of a County -owned vacant property located at 1801 Ali Baba Avenue, Opa-Locka, Florida ("Property"), to the City for the purpose of the City using the Property as a public park; and WHEREAS, the County Deed ("Deed") was executed on November 5, 2009, and subsequently recorded in the Public Records of Miami -Dade County; and WHEREAS, the City is in the process of developing an ill housing program similar to the County's Infill Housing Initiative Program; and WHEREAS, the City has requested that the County agree to amend the Deed to change the present use of the Property, which is currently for a public park; and Agenda Item No. Page No. 2 WHEREAS, the City proposes to have the Property developed with an affordable, infill home to be sold to a qualified homebuyer whose income does not exceed 120 percent of area median income as published by the United States Department of Housing and Urban Development for Miami -Dade County; and WHEREAS, there is a need for affordable housing within the City; and WHEREAS, accordingly, this Board believes that it is in the County, the City and residents' best interest to change the use of the Property and permit the City to develop the Property with affordable, infill housing; and WHEREAS, accordingly, this Board, pursuant to section 125.38, Florida Statutes, desires to authorize the execution of an amended and restated deed for the purposes stated herein; and WHEREAS, if the City fails to develop or cause the development of the Property for the purposes stated herein within two years of the recording of the deed, unless such time is extended at the sole discretion of this Board, then the Property shall revert back to the County, in its sole discretion, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. The foregoing recitals are incorporated in this resolution and are approved. Section 2. Pursuant to section 125.411, Florida Statutes, this Board authorizes the Chairperson or Vice -Chairperson of the Board to execute the Amended and Restated County Deed ("Deed"), in substantially the form attached hereto as Attachment "A" and incorporated herein by reference, for the purpose of permitting the City of Opa-Locka to develop the property located at 1801 Ali Baba Avenue, Opa-Locka, Florida ("Property") within two years of the recording of the Deed with an affordable, infill home to be sold to a qualified homebuyer whose income does not Agenda Item No. Page No. 3 exceed 120 percent of area median income as published by the United States Department of Housing and Urban Development for Miami -Dade County. Section 3. This Board further authorizes the County Mayor or the County Mayor's designee to take all actions necessary to effectuate the conveyance, and to exercise all rights set forth in the Amended and Restated County Deed (excluding those rights reserved by this Board), including, but not limited to, exercising the County's option to enforce its reversionary interest after conducting all due diligence, including title searches and environmental reviews. In the event, the County Mayor or the County Mayor's designee should exercise the County's reversionary interest, then the County Mayor or the County Mayor's designee shall execute and record an instrument approved by the County Attorney's Office in the Public Records of Miami - Dade County and provide a copy of such instrument to the County Property Appraiser. This Board further authorizes the County Mayor or the County Mayor's designee to receive on behalf of the County from the City, after conducting all due diligence, including, but not limited to, title searches, and environmental reviews, a deed which conveys the Property back to the County in the event the City is unable or fails to comply with the deed restrictions set forth in the Amended and Restated County Deed. Upon the receipt of a deed from the City, the County Mayor or the County Mayor's designee shall record such deed in the Public Records of Miami -Dade County. Notwithstanding the foregoing any extensions to develop the home of the Property shall be subject to this Board's approval, at its sole discretion. Section 4. This Board directs the County Mayor or the County Mayor's designee to (i) ensure that proper signage is placed on the Property identifying the County's name and the name of the district commissioner; (ii) provide copies of the recorded Amended and Restated County Agenda Item No. Page No. 4 Deed to the Property Appraiser's Office; and (iii) appoint staff to monitor compliance with the terms of the conveyance. Section 5. This Board directs the County Mayor or the County Mayor's designee, pursuant to Resolution No. R-974-09, to record in the public record the Amended and Restated County Deed, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and to provide a copy of such recorded instruments to the. Clerk of the Board within 30 days of execution and final acceptance. This Board directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution. The Prime Sponsor of the foregoing resolution is Commissioner Barbara J. Jordan. It was offered by Commissioner seconded by Commissioner as follows: , who moved its adoption. The motion was and upon being put to a vote, the vote was Audrey M. Edmonson, Chairwoman Rebeca Sosa, Vice Chairwoman Esteban L. Bovo, Jr. Jose "Pepe" Diaz Eileen Higgins Joe A. Martinez Dennis C. Moss Xavier L. Suarez Daniella Levine Cava Sally A. Heyman Barbara J. Jordan Jean Monestime Sen. Javier D. Souto The Chairperson thereupon declared this resolution duly passed and adopted this day of , 2019. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith Agenda Item No. Page No. 5 MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Deputy Clerk la ATTACHMENT "A" Instrument prepared by and returned to: Terrence A. Smith Assistant County Attorney 111 N.W. lst Street, Suite 2810 Miami, Florida 33128 Folio No: See Exhibit "A" attached. This Amended and Restated County Deed shall supersede and replace the County Deed, dated November 5, 2009, and recorded on January 5, 2010, in Official Record Book 27138 Pages 3001-3003 of the Public Records of Miami -Dade County, Florida. AMENDED AND RESTATED COUNTY DEED THIS AMENDED AND RESTATED COUNTY DEED, made this day of , 2020 by MIAMI-DADE COUNTY, a political subdivision of the State of Florida, (hereinafter "County"), whose address is: Stephen P. Clark Center, 111 N.W. 1 Street, Miami, Florida 33128-1963, and CITY OF OPA-LOCKA, a municipal corporation of the State of Florida, whose address is Municipal Complex, 780 Fisherman Street, Fourth Floor I Opa-Locka, Florida 33054. WITNESSETH that the County, for and in consideration of the sum of Ten Dollars and No/100 ($10.00) to it in hand paid by the City, receipt whereof is hereby acknowledged, has granted, bargained, and sold to the City, its successors and assigns forever, the following described land lying and being in Miami -Dade County, Florida: MAGNOLIA SUB PB 40-80 LOTS 23 & 24 BLK 10 (hereinafter the "Property"): THIS CONVEYANCE IS SUBJECT TO all zoning, rules, regulations and ordinances and other prohibitions imposed by any governmental authority with jurisdiction over the Property; existing public purpose utility and government easements and rights of way and other matters of record; taxes for the year of closing and subsequent years and the following restrictions: 1. That, in accordance with section 125.38, Florida Statutes, the Property shall be developed with an affordable, infill housing ("Dwelling Unit") by the City or a not -for -profit organisation designated by the City, which is organized for the purposes of promoting community interest and welfare. The City or an organisation designated by the City shall sell the Dwelling Unit to a qualified homebuyer whose income range is established up to 120% of the most recent median family income for Miami -Dade County reported by the United States Department of Housing and Urban Development. Prior to such conveyance, a restrictive covenant, in a form approved by the City, in its sole discretion, shall be executed by the qualified homebuyer, and such restrictive covenant shall be recorded in the public records of Miami -Dade County. 2. That the Property shall be developed within two (2) years of the recording of this Deed, as evidenced by the issuance of a final Certificate of Occupancy. Notwithstanding the foregoing restriction contained in this paragraph 2, the County may, in its sole discretion, waive this requirement upon the Board finding it necessary to extend the time frame in which the City must complete the homes. In order for such waiver by the County to be effective, the County Mayor or the County Mayor's designee: a. Be given prior to the event of the reverter; and b. Be evidenced by the preparation of a letter executed by the County Mayor or the County Mayor's designee giving such waiver and specifying the new time frame in which the City must complete the homes. The letter by the County shall be conclusive evidence upon which any party may rely that the condition of the reverter has been extended to such date as specified in said waiver. If no waiver is recorded and a certificate of occupancy is not issued within two (2) years from the date of this Deed, any party may rely upon the fact that the reverter has occurred and that title has reverted to the County. 3. That the Dwelling Unit developed on the Property shall be sold to a qualified at a sale price to de determined by the City, in its sole discretion. . 4. That the City shall not assign or transfer its interest in the Property or in this Deed absent consent of the Miami -Dade County Board of County Commissioners, with the exception of any conveyance to an organization designated by the City to develop the Property or to a qualified homebuyer. 5. The City or an organization designated by the City shall require that the qualified homebuyer purchasing the Dwelling Unit execute and record simultaneously with the deed of conveyance an affordable housing restrictive covenant, and include the following language in the deed of conveyance: "This Property is subject to an "Affordable Housing Restrictive Covenant" recorded simultaneously herewith, which states that the Property shall remain affordable during the "Control Period." The Control Period commences on the initial sale date of the eligible home, which is the date the deed is recorded transferring title from the developer to the first qualified household, and resets automatically every twenty (20) years for a maximum of sixty (60) years. In the event Grantee wishes to sell or refinance the home during the Control Period, Grantee shall obtain prior written approval from the County. Any such sale, transfer or conveyance, shall only be to a qualified household at or below the maximum sales price as calculated in the restrictive covenant. Should Grantee own this home for twenty (20) consecutive years, Grantee shall automatically be released from the Affordable Housing Restrictive Covenant." 6. That City or an organization designated by the City y shall pay real estate taxes and assessments on the Property or any part thereof when due, if applicable. The City or an organization designated by the City shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance or lien to attach, provided, however, that the City or an organization designated by the City may encumber the Property with: a) Any mortgage(s) in favor of any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Dwelling Unit in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and Any mortgage(s) in favor of any institutional lender refinancing any mortgage of the character described in clause a) hereof; in an amount(s) not to exceed the value of the improvements as determined by an appraiser. c) Any mortgage(s) in favor of any lender that may go into default, lis penden, foreclosure, deed in lieu of foreclosure, certificate of title or tax deed issued by the government or through court order, the affordable deed restrictions are enforceable and can only be extinguished by the County. The deed restrictions shall run with the land notwithstanding the mortgage or change in ownership for the control period. The affordable deed restrictions apply to the "successors heirs and assigns" of the burdened land owner. 7. The recordation, together with any mortgage purporting to meet the requirements of clauses 6(a) or 7(b) above, of a statement of value by a Member of the American Institute of Real Estate Appraisers (MAI), (or member of any similar or successor organization), stating the value of the Project is equal to or greater than the amount of such mortgages(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reverter hereunder shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. In any event, the term "Institutional lender" shall be deemed to include Miami -Dade County and its respective successors and assigns. 8. If in the sole discretion of the County, the Property ceases to be used solely for the purpose set forth in paragraph 1 herein by the City or an organisation designated by the City, or if the City or an organization designated by the City fails to construct the Dwelling Unit described herein in the manner and within the timeframe set forth in paragraph 2 herein, or' if the City or an organization designated by the City ceases to exist prior to conveyance to a qualified homebuyer, or if any term of this Deed is not complied with, the City or an organization designated by the City shall correct or cure the default/violation within (30) days of notification of the default by the County as determined in the sole discretion of the County. If the City or an organization designated by the City fails to remedy the default within thirty (30) days, title to the subject Property shall revert to the County, at the option of the County upon written notice of such failure to remedy the default. In the event of such reverter, the City or an organization designated by the City shall immediately deed the Property back to the County, and the County shall have the right to immediate possession of such property, with any and all improvements thereon, at no cost to the County. The effectiveness of the reverter shall take place immediately upon notice being provided by the County, regardless of the deed back to the County by the City or ane entity designated by the City. The County retains a reversionary interest in the Property, which right may be exercised by the County, at the option of the County, in accordance with this Deed. Upon such reversion, the County may file a Notice of Reversion evidencing same in the public records of Miami -Dade County. 9. All conditions and restrictions set forth herein shall run with the land, and shall be binding on any subsequent successors, assigns, transferees, and lessees, of any interest, in whole or in part, in the Property. Upon receiving proof of compliance with all of the Deed restrictions listed above, to be determined in the County's sole discretion, the County shall furnish the City or an organization designated by the City with an appropriate instrument acknowledging satisfaction with all Deed restrictions listed above. Such satisfaction of Deed restrictions shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. This grant conveys only the interest of the Miami -Dade County and its Board of County Commissioners in the Property herein described and shall not be deemed to warrant the title or to represent any state of facts concerning the same. IN WITNESS WHEREOF Miami -Dade County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson of the Board, the day and year aforesaid. (OFFICIAL SEAL) ATTEST: HARVEY RUVIN, CLERK MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Audrey M. Edmonson, Chairwoman Approved for legal sufficiency: By: Terrence A. Smith Assistant County Attorney The foregoing was authorized by Resolution No. R- -20 approved by the Board of County Commissioners of Miami -Dade County, Florida, on the day of , 2020. IN WITNESS WHEREOF, the representative CITY OF OPA-LOCKA, a municipal corporation of the State of Florida, has caused this document to be executed by their respective and duly authorized representative on this day of , 2019, and it is hereby approved and accepted. Witness/Attest Witness/Attest STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2019, by , as of CITY OF OPA-LOCKA, a municipal corporation of the State of Florida, and s/he ( ) has produced as identification or ( ) is personally known to me. (SEAL) Notary of- State of Commission Number: