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09-0527_AUTO DEALERSHIP APPRAISAL GROUP_Personal Services Agreement9 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 27th day of May, 2009, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Auto Dealership Appraisal Group (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant regarding the Agency's proposal to appraise the vacant Nissan dealership at 33375 Camino Capistrano (APN 121-240-50) and the vacant Dodge dealership located at 33235 Camino Capistrano (APN 668-121-14 and 11).; and WHEREAS, the Agency is interested in establishing the "as is" market value for Commercial Manufacturing (CM) zoned properties located at 33375 Camino Capistrano (APN 121-240-50) and 33235 Camino Capistrano consisting of two parcels (APN 668- 121-14 and 11) for purpose of property negotiation; and, WHEREAS, Exhibit A, attached to and incorporated herein by reference to this agreement, identifies the permitted land uses for the CM zone district. WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 26, 2009. Section 3. Compensation. 3.1. Amount. Total compensation for the services hereunder shall not exceed $8,000.00 as set forth in Exhibit "A," attached and incorporated herein by reference. 0 0 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on. total services which have been satisfactorily completed for such monthly period. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. 2 0 0 Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform the Agency of this and shall not proceed with further work under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.comlemi)loverregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. 0 0 Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to Agency at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format, or in the format otherwise approved by the Agency in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the Agency. All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional costs or expense to the Agency. The Agency acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the Agency and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the Agency, is due to the negligence, recklessness and/or wrongful conduct of Agency, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the Agency, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the Agency. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good 4 0 0 standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning anywork underthis Agreement, Consultant shall submitthe insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming Agency, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded Agency, its officers, employees, agents, or volunteers. 5 0 0 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. Agency shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Douglas D. Dumhart 0 To Consultant: Auto Dealership Appraisal Group 3950 Myrtle Avenue Long Beach, CA 90807 Attn: Steven P. Sullivan Section 17. Attorneys' Fees. E If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SAN JUAN CAPISTRANO COMMUNITY REDEVEOPMENT AGENCY By: q7-- CkArl-. Dave Adams, Executive Director CONSULTANT By: '-a' " Steven P. Sullivan, Auto Dealership Appraisal Group APPROVED AS TO FORM: but aAawiaf Omar Sandoval, Agency Co nsel 11 0 EXHIBIT A Commercial Manufacturing (CM) District Uses. The purpose and intent of the Commercial Manufacturing (CM) District is to provide for a wide range of commercial uses, primarily of a non -retail nature, wholesaling, limited manufacturing, and indoor recreational uses. Table 3-6 below identifies the uses permitted in the Commercial Manufacturing (CM), Industrial Park (IP), and Agri -Business (A) Districts. Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9-2.317, Conditional Use Permit. Accessory uses are subject to the review requirements and conditions contained in Section 9-3.501, Accessory Uses and Structures. The "notes and exceptions" column of Table 3-6 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The sections of this title governing these uses are identified in the "notes and exceptions" column of Table 3-6. Table 3-6 Uses in Industrial Districts (please refer to end of table for notes) Use CM IP A Notes and Exceptions Includes cafeterias, snack bars, Accessory uses incidental to delicatessens, industrial products the operation of a permitted A A A showrooms, conference rooms, business and professional offices, use training classrooms, and caretakers' residences. a. Subject to the provisions of Title 5, Chapter 27, and Section 9-3.503 Adult Adult-oriented business P P -- Oriented Businesses. b. Sale of alcoholic beverages in conjunction with a permitted adult- oriented business shall be prohibited. Ambulance services P Animal grazing, breeding, P a. Includes, but is not limited to, cattle, boarding, raising, and sheep, goats, and horses. training b. Excludes hog production, EXHIBIT A EXHIBIT A • CM District Uses Page A2 of A8 commercial livestock feeding ranches, commercial dairies, commercial horse stables and equestrian centers, commercial kennels, and the commercial slaughtering, dressing, or sale of livestock, fowl, or other animals. Animal shelters -- C Apiaries - P Automobile parts and supply P -- See repair uses and services stores and service uses Automobile service stations C Bed and breakfasts C C C Subject to Section 9-3.509 Bed and Breakfasts. Broadcasting studios P P Cabarets and nightclubs C Caretaker residence A A A Subject to Section 9-3.553 Temporary (temporary) Uses and Structures. Car wash C Cemeteries C C C Child day care centers C C C Clubs and lodges (private) P Collection and recycling of C C Excludes junk -yards and auto paper, glass, and other C salvage. materials Compounding, processing, a. Includes candy, cosmetics, packaging, and treatment of P P -- pharmaceuticals, food, and beverages. products b. Excludes the rendering or refining of fats and oils. EXHIBIT A CM District Uses • • Page A3 of A8 Dancing and live P - -- entertainment Subject to the following requirements: 1. Any poultry, pigeon, rabbit, or other animal -raising building or Egg production and sales and enclosure shall be located a minimum the production of chickens, P of 300 feet from any existing poultry, pigeons, and other - residential building not on the fowl, and the production of premises; and rabbits 2. The slaughtering or dressing for sale of poultry, pigeons, or rabbits shall be permitted only if they are produced, raised, or fattened on the premises. Eating and drinking P __ Such as restaurants, delicatessens, ice establishments P cream parlors, cocktail lounges, and taverns. Shall be of a temporary nature and Educational and cultural P A prior approval of a special events programs permit in accordance with Section 9- 3.547 Special Activities. Employee quarters -- A Must be of a permanent character (detached) placed in permanent locations. a. Includes all types of agriculture and P horticulture. Farming b. Excludes farms operated publicly or privately for the disposal of garbage, sewage, rubbish, or offal. Financial services uses P '- -- Includes banks, savings and loan associations, and credit unions. Fortune-telling P Foundry casting -- C - 3 or less game machines if such Game machines (3 or less) A machines are accessory to a permitted principal use in the district. Game machines (more than C -- 3) Home businesses __ A Subject to Section 9-3.523 Home Business. EXHIBIT A • • CM District Uses Page A4 of A8 Horse stables and equestrian - -- C Subject to Section 9-3.515 Equestrian centers (commercial) Standards. Hospitals C Hotels and motels P Kennels (noncommercial) - C A Subject to Section 9-3.525 Kennels. Kennels (commercial) C C Subject to Section 9-3.525 Kennels. Includes, but is not limited to: 1. Semiconductors, and similar components; Manufacturing, assembly, 2• Computer hardware and software; testing, repair, and research 3. Metering instruments, equipment, on components, devices, P P _ and systems; 4. Audio equipment, and systems; equipment, and systems of an 5. Radar, infrared, laser, and electrical, electronic, or electromechanical nature,o ultraviolet equipment and systems; 6. Scientific and mechanical instruments; and 7. Television and radio equipment and systems. Manufacturing and assembly Such items may be made from bone, of retail and wholesale items P P '- cellophane, fiber, fir, glass, latex, to a finished product ceramics, pottery, lead, leather, metal, paper, plastics, wood, or yarn. Medical and dental offices P Medical centers and complexes allowed. Mining oil drilling, and other C C C Includes necessary incidental buildings resource extraction and appurtenances. Mobilehomes and modular A Both shall be subject to state homes on a permanent -- regulations governing development foundation system standards. Mortuaries C Motorcycle sales and services P -- Nonprofit medical clinics C C EXHIBIT A CM District Uses 0 1 • Page A5 of A8 Nurseries, greenhouses, and P Including greenhouses, hydroponic plant storage (resale and P gardens, and similar facilities. wholesale) Includes business, professional, real Offices (general) P estate, travel agencies, and similar office uses. Includes offices which do not regularly Offices (large) P P -- provide services or conduct business with the general public, such as corporate offices. Packing plants for whole '- -- C Excludes food processing. agricultural products Parking lots (commercial and P P -- public Pottery and ceramics C -- -- manufacture a. To be used for the sales of agricultural products produced on the premises. b. Subject to the following: 1. Such stands shall not be located A closer than 20 feet from any street Produce stands (temporary) - right-of-way; 2. Such stands shall be of wood frame type construction and 3. The accessory signs used to identify the use shall be located on or adjacent to such stands as set forth in Section 9- 3.543 Signs. a. For CAI District - Includes public utilities offices and exchanges, museums, libraries, governmental buildings, parks, bus, taxicab, and Public buildings and P - railroad stations, tourist information facilities P centers, including police and fire stations, but excludes schools and hospitals. b. For IP District - Excludes public schools, police stations, fire stations, and hospitals. Publishing and bookbinding P P EXHIBIT A • CM District Uses • Page A6 of A8 Radio and television towers and installations, radar installations, microwave relay C C C Subject to Section 9-3.507 Antennas. stations, and cellular towers and installations (commercial) a. Such as tennis clubs, provided the requirements of Sections 9-3.501 Accessory Uses and Structures and 9- 3.529 Lighting Standards are met. b. Outdoor night lighting for such Recreational uses (requiring C -- -- recreational uses, other than parking outdoor facilities) lot or security lighting, shall not be permitted unless included within the conditional use permit approval. All night lighting, for any purpose, shall conform to the requirements of 9- 3.529 Lighting Standards. Includes uses such as game machine Recreation and leisure uses arcades, pool and billiard centers, (not requiring outdoor C bowling lanes, ice and roller skating facilities) rinks, theaters (excluding drive-ins), athletic clubs, and health clubs. Recreational vehicle and C -- automobile storage Subject to Section 9-3.537 Recycling Recycling facilities P P P Facilities. Section 9-3.537 Recycling Facilities identifies the specific allowed recycling uses. Includes churches, temples, Religious, fraternal, or C C synagogues, monasteries, religious service organizations (non- C retreats, and other places of religious profit) worship and other fraternal and community service organizations. Includes vehicle repairs and boat maintenance repairs, muffler, brakes, Repair uses and activities P P - and transmission repairs. All such activities must take place within a building and no related outside storage is allowed. Research and development p P -- Includes research and development of computer software, information EXHIBIT A CM District Uses • • Page A7 of A8 systems, communication systems, transportation, geographic information systems, multi -media and - video technology. Development and construction of proto-types may be associated with this use. Residential dwelling (single- __ A One principal residential dwelling per family) - lot as an accessory use to a principal use. a. The premises in question shall met Retail sales of carpeting, all the parking requirements set forth furniture, and home C '- in Section 9-3.535 Parking for such appliances retail sales. b. No displays of merchandise shall be visible from Interstate 5. a. Includes secretarial, art, dance, Schools (business, vocational, drama, and music schools. and professional schools P b. Excludes swimming schools, requiring outdoor facilities. preschools, and public and private primary and secondary schools. Secondhand stores C a. Includes pest control services, linen and diaper supply, catering services, printing and reproduction shops, Service uses P C computer and data processing centers, plumbing services, and electrical services. b. Services shall not require extensive on site customer access. Storage and display (outside) P A Subject to Section 9-3.549 Storage and Display. Topsoil or fill dirt (processing -- C and/or sales of) P All such activities must take place Upholstering shops P within a building and no related outside storage is allowed. Vehicle sales, rental, and C __ Including automobiles, trucks, leasing uses P recreation vehicles, boats, and personal water craft. Vehicle storage C C Excludes junk yards or automobile EXHIBIT A • • CM District Uses Page A8 of A8 salvage. Veterinary offices and clinics C C Such as cold storage plants, trucking Warehousing, storage, and P P -- firms, and beverage distributors, transfer uses provided such uses have less than 50,000 square feet of floor area. Such as cold storage plants, trucking Warehousing, storage, and C C - firms, and beverage distributors, transfer uses containing 50,000 square feet of floor area or more. P Such as electrical supplies, plumbing Wholesaling of products P supplies, hospital and sickroom supplies, plate glass, and mirrors. Yard storage for construction C - materials P = Principal use permitted by right -- = Not permitted A = Accessory use permitted by right (subject to Section 9-3.501 Accessory Uses and Structures) C = Conditional use permit required (subject to Section 9-2.317 Conditional Use Permit) n U AuTo DEALERSHIP APPRAISAL GROUP Exp Wa it Into Deabnhip April 20, 2009 Beal ErWe Ippraisals Mr. Douglas D. Dumhart Economic Development Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Reference: Two Vacant Auto Dealerships Formally Occupied by Dodge and Nissan Thank you for the opportunity to submit this proposal for real estate ap- praisal services; the following outlines my understanding of the assign- ment. Interest Appraised Fee Simple. Report Format The report will be prepared in a sum- mary narrative format that will meet the appraisal requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). Scope of theAssienment The scope of each assignment will in- clude as is market value conclusions utilizing all applicable approaches to value — Cost, Sales and Income. Report Copies Two original copies of the appraisal document will be delivered three weeks following your authorization to proceed. 8950 Myrtle Avenue Fees/TiminQ of Payments Our fee for the appraisal assignment is Long Beach, CA 90807 $8,000. Phone: 562.595.4979 Fax: 562.595.5027 Email: info@aatoelag.com EXHIBIT B Mr. Douglas Dumhart April 20, 2009 Continued—Page Two If this proposal meets with your approval please return a signed copy of this proposal via facsimile to my attention at (562) 595-5027. Respectfully, Steven P. Sullivan Agreed and Accepted Name Date E 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjziancapistrano.org TRANSMITTAL TO Auto Dealership Appraisal Group Attn: Steven P. Sullivan 3950 Myrtle Avenue Long Beach, CA 90807 DATE: July 14, 2009 Jsee � 0 111111LIIi1l 1SIII11SII1 1961 1776 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAM ALLEVATO LAURAFREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Personal Services Agreement — Appraisal of Vacant Nissan & Dodge Dealerships Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949)443-6310. If you have questions concerning the agreement, please contact Douglas Dumhart, Economic Development Manager at (949) 443-6316. An original agreement is enclosed for your records. Cc: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnnne on 100% recycled paper 10 Today's Date: June 3, 2009 CIP No. (if any): CONTRACT TRANSMITTAL 0 Transmittal Routing (Check All That Apply) ® City Attorney ® City Manager ® City Clerk Project Manager's Last Name: Douglas Dumhart Phone Extension: X 6316 Council or CRA Meeting Date (if applicable): APPROVING AUTHORITY: (Check One) 9 Mayor CRA Chair ( Executive Director Provide (1) executed original contract for each signing party, including the Agency. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) St OTHER INSTRUCTIONS: 1. Please return a copy of executed agreements for our files.