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HomeMy WebLinkAbout1993-463 1 RESOLUTION NO. 93-463 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP NO. 14577, LOCATED AT THE NORTHEAST 3 CORNER OF THE INTERSECTION OF INDUSTRIAL PARKWAY AND PALM AVENUE; AND AUTHORIZING EXECUTION OF THE PARCEL MAP IMPROVEMENT AGREEMENT 4 FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1 : The Mayor and Common Council find that 8 proposed Parcel Map No. 14577, located on the Northeast corner of 9 the intersection of Industrial Parkway and Palm Avenue, together 10 with the provisions for their design and improvements, is consistent with the General Plan of the City of San Bernardino. 11 12 13 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the Parcel Map 14 Improvement Agreement with ATEF FAKHOURY AND MAYSOUN FAKHOURY 15 for the improvements in said Parcel Map as are required by Title 16 19 of the San Bernardino Municipal Code and the California 17 Subdivision Map Act. The time for performance is specified in 18 the Agreement. Said improvements are specifically described and 19 shown on Drawings approved and on file in the office of the City 20 Engineer of the City of San Bernardino. 21 SECTION 3: The Final Map of said Parcel Map is hereby 22 approved. As a condition precedent to approval of the Parcel 23 Hap, the Subdivider shall 24 referenced in Section 2 hereof 25 subdivision. The City Clerk first execute the agreement for the improvements within said shall certify the approval and 26 acceptance of the Mavor and Common Council as set forth in this 27 resolution. 28 / / / / 12-14-93 RESO; APPROVING FINAL 11AP FOR PARCEL MAP NO. 14577 (NORTHEAST CORNER OF INDUSTRIAL PARKWAY AND PALM AVENUE) 93-463 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a --E..egular ___meeting thAreof, held on the 4 _20t.~day of 5 wit: 6 Council Members: 7 NEGRETE 8 CURLIN 9 HERNANDEZ December , 1993, by the following vote, to- AYES NAYS ABSTAIN ABSENT _1L- x x 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER _1L- x _1L- x 14 15 16 17 18 19 20 r?~~ ~C1ark, City Clerk The foregoing rAso1ution is hereby approved this ~\'S\- _ day of December , 1993. ~~)t(~ Tom Minor, Mayor Ci ty of San Bernardino 21 Approved as to form and legal content: 22 23 24 25 26 27 28 James F. Penman City Attorney 1- - re~", - 3 - . 93-463 RESO: APPROVING FINAL MAP FOR PARCEL MAP NO. 14577 (NORTHEAST CORNER OF INDUSTRIAL PARKWAY AND PALM AVENUE) 1 SECTION 4. This resolution is rescinded if the parties 2 to the agreement fail to execute it within sixty (60) days of the 3 passage of this resolution. 4 / / / / 5 / / / / 6 / / / / 7 / / / / 8 / / / / 9 / / / / 10 / / / / 11 / / / / 12 / / / / 13 / / / / 14 / / / / 15 / / / / 16 / / / / 17 / / / / 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / - 2 - II ( ..~ u.. '---\\".5::::. '\3,- \ b::S Q_,,~ G~~ .\~~ili\~~ \ ' 2 AGREEMENT (parcel Map Improvements) 3 THIS AGREEMENT is made and entered into as of this 15th 4 day of December , 19 93 , by and between the CITY OF SAN 5 BERNARDINO, a Municipal Corporation, hereinafter referred to as 6 "City", and Atef Fakhoury and Maysoun Fakhoury 7 referred to as "Subdivider". , hereinafter 8 9 RECITALS A. WHEREAS, Subdivider has previously received City 10 approval of Tentative Parcel Map No. 14577 , and has presented to 11 City for approval a final parcel map (hereinafter called "map") 12 13 14 15 16 17 18 19 entitled Parcell, Parcel Map No. 14577 ; and, B. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein; and, C. WHEREAS, Subdivider has requested approval of the map 20 prior to the construction and completion of improvements. 21 including all streets, highways or public ways and public utili~ 22 facilities which are a part of, or appurtenant to, the subdivisior 23 (hereinafter called "subdivision") designated in the map, all ir 24 accordance with, and as required by, the Plans and Specificationf 25 for all or any of said improvements in, appurtenant to, or outsidE 26 the limits of subdivision, which Plans and Specifications are not 27 on file in the Office of the City Engineer of the City; and, 28 HE/js[ParcelMap.Agr] August 10, 1992 1 : 93-463 1 D. WHEREAS, Council has approved said map and accepted the 2 dedications therein offered, or some thereof, on condition that 3 Subdivider first enter into and execute this Agreement with the 4 City; and, 5 E. WHEREAS, This Agreement is executed pursuant to the 6 provisions of the Subdivision Map Act of the State of California 7 and Title 19 San Bernardino Municipal Code. 8 NOW THEREFORE, for and in consideration of the approval of 2 93-463 1 3. Work: Time for Commencemen~ and Performance. 2 Construction of required improvements shall begin within 90 days 3 of the receipt by Subdivider of the Notice to proceed from the 4 City. 5 4. Time of Essence - Ex~ension. Time is of the essence of 6 this Agreement; provided that, in the event good cause is shown 7 therefor, the City Engineer may extend the time for completion of 8 the improvements hereunder. Any such extension may be granted 9 10 11 12 13 14 wi thout notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacemen~s. Subdivider shall replace, or 15 have replaced, or repair, or have repaired, as the case may be, 16 all pipes and monuments shown on the map which have been destroyed 17 or damaged, and Subdivider shall replace, or have replaced, 18 repair, or have repaired, as the case may be, or pay to the owner 19 the entire cost of replacement or repairs, of any and all property 20 damaged or destroyed by reason of any work done hereunder, whether 21 22 23 24 25 26 27 28 such property be owned by the United States, or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deposits - S~a~emen~. Subdivider shall file HE/js[ParcelMap.Agr] August 10, 1992 3 93-463 1 with the City Clerk, prior to the commencement of any work to be 2 performed within the area delineated on the map, a written 3 statement signed by Subdivider, and each public utility 4 corporation involved, to the effect that Subdivider has made all 5 deposits legally required by such public utility corporation for" 6 the connection of any and all public utilities to be supplied by 7 such public utility corporation within the Subdivision. 8 7. Permits: Compliance with Law. Subdivider shall, at 9 Subdivider's expense, obtain all necessary permits and licenses 10 for the construction of such improvements, give all necessary 11 notices and pay all fees and taxes required by law. Subdivider 12 shall comply with all provisions of the Subdivision Map Act and 13 Title 19 San Bernardino Municipal Code. 14 8. Superintendence by Subdivider. Subdivider shall give 15 personal superintendence to the work on said improvement, or have 16 a competent foreman or superintendent, satisfactory to the City 17 Engineer on the work at all times during progress, with authority 18 to act for Subdivider. 19 9. :Inspection by City. Subdivider shall at all times 20 maintain proper facilities and provide safe access for inspection 21 by City to all parts of the work and to the shops wherein the work 22 is in preparation. 23 10. Contract Security. Concurrently with the execution of 24 this agreement, except for residential parcel maps, the Subdivider 25 shall furnish to City Engineer improvement security as follows: 26 (a) An amount equal to at least one hundred percent (lOOt) 27 of the total estimated cost of the improvement and acts 28 HE/js[Parce1Map.Agr] August 10, 1992 4 93-463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) (c) maps where to be performed as securi ty for the fai thful performance of this Agreement; An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one ( 1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credi t as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. 11. Subdivider's Insurance. Except for residential parcel improvements are consructed by an owner/builder, HE/js[ParcelMap.Agr] August 10, 1992 5 93-463 1 2 3 ubdivider shall not commence work under this Agreement until ubdivider or Subdivider's contractor has obtained all insurance equired under this paragraph, and such insurance has been 4 approved by City Attorney as to form, amount and carrier, nor 5 shall Subdivider allow any contractor or subcontractor to commence 6 ork on his contract or subcontract until all similar insurance 7 required of the contractor or subcontractor has been so obtained 8 and approved. All requirements herein provided shall appear 9 either in the body of the insurance policies or as endorsements 10 and shall specifically bind the insurance carrier. (a) Workers Compensation Insurance/Employer' 8 Liability 11 12 13 14 15 16 17 18 19 Insurance. Subdivider shall maintain, during the time period that the improvements are constructed, Worker's Compensation Insurance and Employer's Liability Insurance for all Subdivider's employees employed at the site of improvement, and, in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Worker's Employer's Liability Compensation Insurance and 20 21 22 23 24 25 26 27 Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Subdivider shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of 28 HE/js[ParcelMap.Agr] August 10, 1992 6 I 93-463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance. Subdivider shall take out and maintain, during the time period that the improvements are constructed, such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, (as defined hereunder), including death, as well as from claims for property damage or product liability which may arise from Subdivider's or contractor's or subcontractor's operations any hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone, including, without limitation, agents, employees or independent contractors, directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit HE/js[ParcelMap.Agr] August 10, 1992 7 93-463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of any one occurrence: Product Liability Insurance coverage should be part of the Public Liability Insurance: (2) Property Damage Insurance. In an amount not less than One Million Dollars ($1,000,000.00) for damage to the property of each person on account of anyone occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of crOSS-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and contractor or and Subdivider any employees, subcontractor performing work covered by this Agreement. (3) Tail Coverage. Insurance coverage, albeit for public liability or property damage, shall be written, if possible, on an "occurrence" form rather than a "claims made" pOlicy. If the insurance policy is written on a "claims made" policy, then additional coverage, entitled "tail coverage" must be purchased to cover a period of one (1) year from completion of the project. All HE/js[parce~Map.Agr] August 10, 1992 8 93-463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subcontractors must and shall comply with the same insurance provisions as the contractor( s) and subdivider(s). (4) Personal Injury - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, invasion of personal rights, including libel or slander, criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that City is named and endorsed on the policy as an additional insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. 13. Hold Harmless/Indemnification. Subdivider(s)/ Developer(s) hereby agree to and shall protect, defend, indemnify and hold the City and its elective and appointive boards, commissions, officers, agents, employees and servants free and harmless from any and all liability losses, damages, claims, HE/js[ParcelMap.Agr] August 10, 1992 9 93-463 1 liens, demands and cause of action of every kind and character 2 including, 3 but not limi ted the amounts of judgments, to, i penalties, interests, court costs, attorney's/legal fees, and all' ! , 4 other expenses incurred by the City arising in favor on any party, 5 including claims, liens, debts, demands for lost wages or 6 compensation, personal injuries, including employees of the City, 7 death or damages to property (including property of the City) and 8 without limitation by enumeration, all other claims or demands of 9 every character occurring or in any way incident to, in connection 10. with or arising directly or indirectly, (including from the 11 negligent performance by its officers, employees, agents) from the 12 terms of this Agreement, whether such operations/incidents are 13 caused by contractor, Subdivider or any of contractor /Subdi vider' s 14 subcontractors, contractors or by anyone or more persons directly 15 or indirectly employed by or acting as agent for contractor, 16 Subdivider, or anyone of contractor or Subdivider's contractors 17 or subcontractors. Subdivider/Developer shall investigate, 18 19 20 21 handle, respond to, provide defense for and defend any such claims. demand, or sui t at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, 22 defend City, its appointive boards, commissions, officers, agents 23 and employees from any suits or actions at law or in equity for 24 damages caused, or alleged to have been caused, by reason of any 25 of the aforesaid operations, provided as follows: 26 (a) That City does not, and shall not, waive any rights 27 against Subdivider which it may have by reason of the .28 HE/js[ParcelMap.Agr] I'.ugust 10, 1992 10 93-463 1 aforesaid hold harmless agreement, because of the 2 acceptance by City, or the deposit with City by 3 Subdivider, or any of the insurance policies described 4 in Paragraph 11 hereof. 5 (b) That the aforesaid hold harmless agreement by 6 Subdivider shall apply to all damages and claims for 7 damages of every kind suffered, or alleged to have been 8 suffered, by reason of any of the aforesaid operations 9 referred to in this paragraph, regardless of whether or 10 not City has prepared, supplied or approved of Plans 11 and/or Specifications for the subdivision, or 12 regardless of whether or not such insurance policies 13 shall have been determined to be applicable to any of 14 such damages or claims for damages. 15 This provision is not intended to create any cause of action in 16 favor of any third party against Subdivider/Developer or the City 17 or to enlarge in any way the Subdivider's/Developer's liability 18 but is intended solely to provide for indemnification of the City 19 from liability for damage or injuries to third persons or property 20 arising from Subdivider/Developer's performance hereunder. 21 14. Ti1:le 1:0 Improvemen1:s. Title to, and ownership of, all 22 improvements constructed hereunder by Subdivider shall vest 23 absolutely in City, upon completion and acceptance of such 24 improvements by City. 25 15. Repair or Reconstruc1:ion of Defec1:ive Work. If, wi thin 26 a period of one year after final acceptance of the work performed 27 under this Agreement, any structure or part of any structure 28 HE/js[ParcelMap.Agr] August 10, 1992 11 93-463 1 furnished 2 constructed, or caused to be installed and/or or installed or constructed by Subdivider, or any of the work done 3 under this Agreement, fails to fulfill any of the requirements of 4 this 5 referred to herein, or the Specifications Agreement Subdivider shall, without delay and without any cost to City, 6 repair or 7 replace or reconstruct any defective or otherwise Should unsatisfactory part or parts of the work or structure, 8 Subdivider fail to act promptly or in accordance with this 9 requirement, or should the exigencies of the situation as 10 determined by the City in the exercise of its sole discretion 11 require repair, replacement or reconstruction before the 12 Subdivider can be notified, City may, at its option, make the 13 necessary repairs or replacements or perform the necessary work, 14 and Subdivider shall pay to the City the actual cost of such 15 repairs plus fifteen percent (15%). 16 17 18 19 16. Subdivider Not Agent of City. Neither Subdivider nor or shall be, any of Subdivider's agents or contractors are, considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 20 17. Cost of Engineering and Inspection. Subdivider shall 21 pay to City the costs of all permit fees for all engineering 22 inspections and other services connected with the City in regard 23 to the subdivision. Said fees shall be paid prior to commencing 24 any construction. 25 26 27 28 18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within HE/js[Parce1Map.Agr] August 10, 1992 12 93-463 1 the time specified, or any extensions thereof, or fails to obtain 2 completion of said work within such time, or if the Subdivider 3 should be adjudged a bankrupt, or Subdivider should make a general 4 assignment for the benefit of Subdivider's creditors, or if a 5 receiver should be appointed in the event of Subdivider's 6 insolvency, or if Subdivider, or any of Subdivider's contractors, 7 subcontractors, agents or employees, should violate any of the 8 provisions of this Agreement, City Engineer or City Council may 9 serve written notice upon Subdivider and Subdivider's surety of 10 breach of this Agreement, or of any portion thereof, and default 11 of Subdivider. 12 19. Breach of Agreement; Performance by Surety or City. In 13 the event of any such notice, Subdivider's surety shall have the 14 duty to take over and complete the work and the improvement herein 15 specified; provided, however, that if the surety, within five days 16 after the serving upon of such notice of breach, does not give 17 City written notice of its intention to take over the performance 18 of the contract, and does not commence performance thereof within 19 five days after notice to City of such election, City may take 20 over the work and prosecute the same to completion, by contract or 21 by any other method City may deem advisable, for the account and 22 at the expense of Subdivider, and Subdivider's surety shall be 23 liable to City for any excess cost or damages occasioned City 24 thereby; and, in such event, City, without liability for so doing, 25 may take possession of, and utilize in completing the work, such 26 materials, appliances, plant and other property belonging to 27 Subdivider as may be on the site of the work and necessary 28 HE/js[ParcelMap.Agr] August 10, 1992 13 93-463 1 therefor. Alternatively, in the event of default by Subdivider, 2 the City may cause the construction to be done and charge the 3 entire cost and expense to Subdivider or his successors, including 4 interest at the legal rate from the date of notice of the cost and 5 expense until paid. Said cost, expense, and interest shall be 6 recorded as a lien against the subdivision property. 7 20. Notices. All notices herein required shall be in 8 writing, and delivered in person or sent by registered mail, 9 postage prepaid. 10 (a) Notices required to be given to City shall be addressed 11 12 13 14 15 16 17 18 19 as follows: City Administrator Ci ty Hall 300 North "D" Street San Bernardino, California 92418 (b) Notices required to be given to Subdivider shall be addressed as follows: Atef Fakhoury 5986 North Palm Ave., San Bernardino, CA 92407 (c) Notices required to be given to surety of Subdivider 20 shall be addressed as follows: 21 Atef Fakhoury 22 5986 North Palm Ave., San Bernardino, CA 92407 23 Provided that any party or the surety may change such address by 24 notice in writing to the other party, and, thereafter, notices 25 shall be addressed and transmitted to the new address. 26 21. Successors Bound. This Agreement shall be binding upon 27 and inure to the benefit of each of the parties and their 28 HE/js[parcelMap.Agr] August 10, 1992 14 93-463 1 respective legal representatives, successors, heirs and assigns. 2 22. Recorded Agreement. This agreement shall be recorded 3 in the office of the San Bernardino County Recorder at the expense 4 of the Subdivider. 5 23. Attorneys Fees. If legal action is taken to enforce or 6 interpret any provision of this Agreement, then the prevailing 7 party in that action will be entitled to recover from the losing 8 party all attorneys I fees and costs in connection with that 9 action, which amount shall be recorded as a lien against the 10 subdivision property 11 24. Subdivider Defined. The term "Subdivider" shall 12 include not only the present owner of the subdivision property but 13 also any heirs, successors, executor, administrators or assigns, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with the intent that the obligations undertaken in the Agreement shall run with the real property which is the subject to the subdivision. XN WXTNESS WHEREOF. the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SAN BERNARDINO / /-)&; /// / . <: By: ~f';7n'l I~ T H H1NOR, Hayor ~ 2 t 1991 City of San Bernardino C~~~ Approved as to form and legal content: SUBDIVIDER: JAMES F. PENMAN, City Attorney. By: By: By: HE/js[ParcelMap.Agr] August 10, 1992 15 93-463 1 2 INSTRUCTIONS If the Subdivider is a c~rporation, the Agreement must be 3 executed in the corporate name and signed by the President or a 4 Vice-President and the Secretary or Assistant Secretary, and the 5 corporate seal affixed. If the Subdivider is a partnership, it 6 must be signed by all partners. If the Subdivider is an 7 individual doing business under a fictitious name, it must be 8 signed by all persons having an interest in the business, and the 9 fictitious name must be signed also. The Agreement must be 10 11 12 13 notarized. ) COUNTY OF tM /J~Jb ~ ss. 14 On this/h1-C day of U.eu/YYlJ.u me, the undersigned, a Notary P lie in and 15 S ,personally appeared 16 17 18 STATE OF CALIFORNIA personally known to me (or proved satisfactory evidence to be the to me on the basis of President, and on the basis of personally known to me (or proved satisfactory evidence) to be the of the corporation that executed 19 the within instrument, and known to me to be the persons who 20 executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws, or a resolution of its Board of Dir tors. WITNESS my d d 0 ic al to me 21 22 ~. OFFICIAL SEAL / ,- -, ZAJD M. SWEISS : NoIary PubIc-California . 1.01 ANcaaiS COUNTY .., ~'.'~_81 17,1995 23 (This area for official seal.) 24 25 26 27 28 W Signature HE/js[ParcelMap.Agr] August 10, 1992 16 !166l 'll RJdV 1e-Pc3 UClIISIWWOO ~ IJNIlCX) 83'BeNV SOl ~~ON s.~