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Home My WebLink About12-Development Services r . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development Services C.' . 'L . .. ..... . , I i-I Subject: Resolution Confirming Fair Market Value and Giving Notice Inviting Bids for the Sale of City Property Located at the Southwest Comer of Orange Show Road and Waterman Avenue File No.l5.05-223 MCC Date: 03-04-02 Date: February 12,2002 Synopsis of Previous Council Action: 02-20-2001- Resolution No. 2001-35 was adopted establishing fair market value and giving notice inviting bids for the sale of four City owned parcels located north and south of Orange Show Road, west of Waterman Avenue. 04-16-2001- Bid for Parcel 4 was approved and staff was authorized to re-advertise a Notice Inviting Bids for the sale of3 City owned parcels north and south of Orange Show Road, west of Waterman Avenue, using the services of a real estate broker. Recommended Motion: ADOPT RESOLUTION ~ James Funk Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Maps, Reso. FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Nt A (Acct. Description) NtA Phone: 5026 Ward: 3 Finance: Council Notes: V~(y-.iJ;. 2Cr,-2-f,<1 3/r Agenda Item No. I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution confirming fair market value and giving notice inviting bids for the sale of City property located at the southwest corner of Orange Show Road and Waterman Avenue. BACKGROUND: On August 7, 2000, Resolution No. 2000-235 was adopted, establishing the right of way boundaries for Orange Show Road, between Waterman A venue and the Twin Creek Flood Control Channel relative to the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. As a result of the fee acquisition of various parcels between W aterman Avenue and the Twin Creek Flood Control Channel (the remainder of Orange Show Road extension was acquired as easements), four remnant parcels remained. Staff was authorized to secure an appraisal on these parcels and on February 20, 2001, Resolution No. 2001-35 was adopted, setting the fair market value for the four parcels and giving Notice Inviting Bids for the four parcels, with bids due by March 20, 200 I. Only one bid was submitted for the parcel located on the northwest corner of Orange Show Road and W ashington Avenue (Parcel 4). The bid was approved on April 16, 200 I and sale of that parcel has been completed. On April 16, 2001, staffwas authorized to re-advertise a Notice Inviting Bids and market the remaining parcels through a real estate broker. Prior to contracting with a broker, it was felt that a Phase I Environmental Assessment would need to be prepared. The Environmental Assessment was completed in November, 2001 and there were no negative environmental impacts noted. Recently, this office received two offers for the purchase of Parcel 3, which is located at the southwest corner of Orange Show Road and Waterman A venue. These offers were not submitted through a broker, thus no commission would have to be paid. Section 2.65.020 of the City's Municipal Code requires all real property valued at $25,000 or greater, shall be sold by competitive bid. Parcel 3 was appraised nearly a year ago for $175,000, which was established as the fair market value by Resolution No. 2001- 35. Following a discussion with the appraiser on February 4, 2002, it was determined that the value would still hold. The valuation of the property at $175,000 equates to approximately $4.00 per square foot. The City purchased this parcel in 1996 for $120,360, which is approximately $2.75 per square foot. The parties that submitted the offers were contacted and advised of the need to go through the competitive bid process. Bid packages will be sent to each party. A Notice Inviting Bids will also be posted and published according to standard procedures. The attached Resolution confirms the fair market value amount of$175,000 and gives Notice Inviting Bids. Bid opening is set for March 27, 2002 and the results will be submitted at the Council meeting of April 15, 2002. FINANCIAL IMPACT Revenue in the amount of at least $175,000, less closing costs. RECOMMENDATION Adopt Resolution. 00 ::T ..., (1) (1) () ~ iti (1) 0-0- o-~ (/)0 '< .. -nO., . . -'J c:: ~~~~ ~)>~O . Z -i ::2: o Z ::2:8fTl )>;;00 oo-iZIJ oooofTlfTl;;o 1i!1i!~;;oo Ib)>OIJ ~:::Z.,Sj <j.~)>0-1 \' ~ <;;0-< fTl)>, en ZZO ::T c:: C) 0 (1) fTl fTl )> (1) - (/)M I..... 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" >: ( ) ...... q, I .~~ I ~'v I:) 0 .1) ~. ~ '? - - -W AlffiM-A-N- - - - - - A-VENl:J-E-- I \li ATTACHMENT A ~~ ~ I I nl II 'I II "I II III rl I ! I I' i I I, PI III ,', III II III ~! i i~' i \ , ~I\ d! \ ~I \ rTr\1 ~II\~I a \1' ~!'I VJ illt r~,I'l' ~II' ~il ~ill ~,!\I '"' Ii I' '-' 11 , I\~' 'I" " II.t. It' I'~ 11.......1 I' i~l I\~: lW. i-------_O-;;;"-::===;:;-';'=;;;;;"-;;;;;"""";;;;;;"-q:,;;;,,.-:=:.,-::; i i , i I ~~' ~I ~~ ;~ 15 B ! II~ B .' . ' Illili:l. "' , II ii ( "I.. Ie I ~H I,! . ie e e 1 2 . ~(Q)[PV RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING FAIR 3 MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED REAL PROPERTY GENERALL Y LOCATED AT THE SOUTHWEST CORNER OF 4 ORANGE SHOW ROAD AND WATERMAN AVENUE IN SAID CITY AND GIVING 5 NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID PROPERTY. 6 7 8 WHEREAS, the City of San Bernardino, a municipal corporation, is the o\\ner of the hereinafter described parcel of real property, generally located at the southwest comer of Orange 9 Show Road and Waterman Avenue in the City of San Bernardino, State of California; and 10 WHEREAS, by Resolution No. 200]-35. adopted on February 20, 2001. the Mayor and 11 Common Council of said City found and determined that there is no further need or necessity for 12 13 14 the City's ownership of said real property and declared same as surplus property: WHEREAS. by said Resolution No. 2001-35, the amount of One Hundred Seventy-five 15 Thousand Dollars ($175,000) was established as the fair market value of said real property. 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 18 SECTION 1. Notice is hereby given inviting competitive sealed and oral bid proposals 19 for the disposition of the following parcel of real property, more particularly described in and 20 subject to the terms of Bid Specification No. ]5.05-223A, a copy of which is attached hereto as 21 Exhibit "A" and made a part hereof, and also on file in the Development Services Department. 22 23 Real Property Section, City Hall, 300 North "D" Street, San Bernardino, California, generally 24 described as approximately 43,839 square feet of vacant land located on the southwest corner of 25 Orange Show Road and Waterman Avenue, known as Assessor's Parcel Number 0136-431-23. 26 SECTION 2. The fair market value and the minimum acceptable bid amount for said 27 property is hereby confirmed to be One Hundred Seventy-five Thousand Dollars ($175,000), 28 Y1D . I~ a/f /oz- 02/11/2002 e e e 1 RESOLUTION ESTABLlSIDNG FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND 2 WATERMAN A VENUE AND INVITING BIDS SALE OF SAID PARCEL. 3 4 5 6 7 SECTION 3. Sealed bid proposals must be accompanied by a cashier's check in an amount equal to 10% of bid amount. SECTION 4. Sealed bids must be delivered to the Development Services Department, Real Property Section, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, 8 9 prior to 2:00 P.M. on March 27, 2002, at which time said sealed bids will be opened and publicly 10 declared. The results of said bidding shall be submitted to the Mayor and Common Council on 11 April 15, 2002, at the hour of 10:00 A.M. or as soon as possible thereafter. At that time, oral bids 12 13 may be received in at least $100 increments for the outright purchase of said real property, provided that the initial oral bid shall be an amount not less than the highest sealed bid plus 10%. 14 The successful oral bidder shall make a non-refundable deposit with the City Clerk in the form of 15 16 17 18 19 20 21 22 23 24 25 a cashier's check, prior to the end of the meeting or within 2 hours of awarding the bid, whichever shall occur later, in an amount equal to 10% of the bid amount. SECTION 5. Copies of the Bid Specifications and Official Bid Form may be obtained from the Development Services Department, Real Property Section, City Hall, Third Floor, }OO North "D" Street, San Bernardino, California, 92418. SECTION 6. All written bid proposals must be signed, sealed and delivered as indicated in Section 4. No bid proposal will be considered which fails to offer a sum equal to or greater than the minimum acceptable bid price established herein, or which is filed at a later time or at a different place than stated in Section 4, unless there is substantial compliance as determined by 26 the Mayor and Common Council in their sole discretion. The Mayor and Common Council may 27 consider terms for any portion of the bid amount and will give consideration to all factors, 28 02/1112002 2 . 1 2 3 4 5 6 7 8 9 10 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 . RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND WATERMAN A VENUE AND INVITING BIDS SALE OF SAID PARCEL. including amount and length of terms and interest rate to be paid, in determining the successful bidder. The amount to be carried by the City shall be secured by a Note and Deed of Trust or other instrument acceptable to the City. In the event of two or more equal bids, the Mayor and Common Council reserve the right to select the bid based on the most favorable terms. The Mayor and Common Council reserve the right to reject any and all bids submitted. The Mayor and Common Council also reserve the right to make, in their sole discretion, a determination as 11 to whether or not any parcel shall be sold. SECTION 7. This resolution shall be posted on or near the door of the Council Chambers, City Hall, San Bernardino, California, for at least five (5) consecutive days prior to the date set for the opening of bids and a Notice Inviting Bids for the disposition of said property shall be published not less than ten (10) days prior to said bid opening date in the San Bernardino County Sun, a newspaper of general circulation published and circulated in said City. //1 /1/ /1/ 26 27 28 02/11/2002 3 1 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND 2 WATERMAN AVENUE AND INVITING BIDS SALE OF SAID PARCEL. 3 4 . I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 held on the 7 wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 . meeting thereof day of , 20_, by the following vote, to Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk day of , 20---=-. JUDITH V ALLES, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: L ~.~ 28 0&002 . 4 . . e SPECIFICATION NO. 15.05-223A NOTICE OF SALE OF REAL PROPERTY: LOCATED ON THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND WATERMAN AVENUE REQUIREMENTS OF BIDDING AND SALE NOTICE IS HEREBY GIVEN inviting sealed bids for the sale of City owned property, as authorized by action of the Mayor and Common Council of the City of San Bernardino. 1. LOCATION AND DESCRIPTION OF PARCEL TO BE SOLD: (A) Parcel Location: The subject parcel consists of a vacant parcel of land located at the southwest comer of Orange Show Road and Waterman Avenue in the City of San Bernardino. A vicinity map of the general area is attached as Exhibit 1. A plat map showing the parcel detail is attached as Exhibit 2. Said parcel consists of approximately 43,839 square feet, and is also known as Assessor's Parcel No. 0136-431-23. A full legal description is attached as Exhibit 3. (B) Land Use and Zoning: Said parcel is presently vacant land. The east portion of the subject parcel is currently zoned as DIP (Office Industrial Park), and the west portion as IL (Light Industrial). (C) Title Report. A Preliminary Title Report has been prepared by First American Title Insurance Company for the subject parcel and is on file in the Real Property Section of the City of San Bernardino and may be reviewed by the potential bidder by contacting the Real Property Section at (909) 384-5026. (0) Environmental Assessment: A Phase I Environmental Assessment dated November 8, 200 I, has been prepared by the City of San Bernardino. As stated in the Report, there EXHIBIT "A" e are no known pending enviromnental regulatory actions concerning the subject site. The full Report is on file in the Real Property Section of the City of San Bernardino and may be reviewed by the potential bidder by contacting the Real Property Section at the above number. (E) Condition ofProoertv: The subject property is being sold "AS-IS". 2. MINIMUM BID: The minimum acceptable bid (net of any broker fees), which has been determined to be the fair market value for the subject parcel is $175.000.00. 3. INSPECTION: The subject parcels may be inspected by any potential bidders at will. 4. SEALED BIDS: e Sealed bids for said parcel ofreal property shall be submitted on the Official Bid Form(s) attached as Exhibit 4. Said sealed bids shall be received in the Real Property Section, Development Services Department, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, until the hour of2:00 p.m. on March 27, 2002, at which time all bids received will be publicly opened and declared. All bids must be accompanied by a cashier's check in an amount of at least TEN PERCENT (10%) of the total amount bid. The results of said bidding shall be submitted to the Mayor and Common Council at a regularly scheduled meeting on April 15, 2002, at the hour of 10:00 a.m. or as soon as possible thereafter. 5. ORAL BIDS: Oral bids may be made at the Council Meeting stated above. Oral bids may be received in $100 increments for the outright purchase of the property, provided that the initial oral bid shall be e 'an amount not less than the highest sealed bid plus TEN PERCENT (10%). In the event of a . successful oral bid, a cashier's check in an amount of at least TEN PERCENT (10%) of the bid amount shall be deposited with the City Clerk prior to the end of said meeting. 6. UNSUCCESSFUL BIDS: All sealed bid deposits of unsuccessful bidders will be promptly returned, without interest, after determination of the successful bidder by the Mayor and Common Council, or upon rejection of all bids. 7. REJECTION OF BIDS: The Mayor and Common Council shall have the right to reject any and all bids. 8. SUCCESSFUL BIDDER: The City may consider terms for any portion of the bid amount and will give consideration to all factors, including amount and length of terms and interest rate to be paid, in determining the successful bidder. The amount to be carried by the City shall be secured by a Note and Deed of Trust or other instrument acceptable to the City. In the event of two or more equal bids, the City reserves the right to select the bid based on the most favorable terms. The successful bidder will be determined by the Mayor and Common Council after all facts are considered. The successful bidder will be required to execute a mutually acceptable Purchase Agreement and to enter into escrow within THIRTY (30) days after the adoption of a Resolution authorizing the execution of said Purchase Agreement with the successful bidder, or as may otherwise be mutually agreed upon by the City and the successful bidder. The escrow instructions for each successful bidder, or bidders, shall include, but not be limited to : (A) The recording of the Grant Deed from the City, and the closing of escrow within SIXTY (60) days of entering into escrow, or as otherwise mutually agreed upon by e the City and the successful bidder, hereinafterreferred to as "buyer". . . (B) The buyer shall deposit the entire amount bid for the property, plus the amounts necessary as outlined in Paragraph C and D below, less the bid deposit amount, within said escrow period. (C) Escrow, title policy and all other fees and closing costs shall be divided between the City and the buyer, as may be customary, or as otherwise agreed upon by the City and the buyer. (D) Broker's Commission, if any, shall be paid in its entirety by the buyer, over and above the bid amount. (E) In the event of any failure by the buyer to execute and complete escrow instructions, and any compliance thereto, including the deposit of the balance of the purchase price and related escrow fees, within the allotted time, the deposit made by the buyer shall be retained by the City as liquidated damages, and not as a penalty in the event of any failure on the part of the buyer. . . I : //>/' ',- />;.-">/: //%:0, " /'/"'/' ",'//// //,. / '//'/ /.// ,//./ /. /,' -' X<,' /.;;/'/ -////. .,',,-,/'/, ."/~//, ///;;' C/////, " ,////, .'//,.' '/ "2</' //h , /, , " ';;;:/: -.,/ ' , /. No Scale 40th 51. c ~ ;0 < o c E I t 4.1 '" ,,- : tii 0 5th 51. .; 9th 5t < c c ~ ~ Mill 51. " c c c u " Orange Show Rd. :5: i= LOCA TlON OF CITY OWNED PARCEL TO BE SOLD .. . . o VICINITY MAP EXHIBIT 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Sale of City owned parcels north and south of Orange Show Road, west of Waterman Avenue ~ indicates un-incorporated areas ~ within City's Sphere af Influence Created by: L. Foqa~~y Date: 02/11/2002 )I~ I . Q -'-',3nN3^'..-'-+-.-N\IV'l~31VM- is "'- lU:! ilia ~ e a i!: iii .e - "'... Gl~- e Q Z cact:~ Q.,G... it: ,,- 0: 0: o(/)Z ZWO -0- C_~ D:>O <CC:::W ZW(/) D:(/)>- W~~ a:lZC::: ZWW <c~a.. CI) a.. 0 ~ u. 0 c::: ~ O ...J a.. 0 W ...J ~ >><(0 I-WWZ C3 0 c::: ~ ~.! fft=== 8 nr=~ " 'IZ en ::J '"0 of; Q) c: en 3: 0 o c.. ..c: e en c.. en ....... ....... ::J € €of; Q) Q) c: c.. c.. 3: e e 0 c.. c....c: '"0 '"0 en Q) Q) '"0 c: c:- 3: 3: g o 0 Q) >. >'..0 - - .- .- 0 o 0_ ~ I:l i: '" I i i i '" z is I i i i i o <( O. 0::' I i i i ! l? 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",~ " \:j '" ~ I I I ~ (1) Z ~ Q) I I / /' '" '" '" / /' '" / '" '" '" ...........-.......... :: ../~" t:"\ ~ : _ Q-""", ,--J : :! 11' : :;: :, 8- i ~ \'" ilJJ ""........ .........../ Cl zCJ)Z _wo cu- 0::-1- <(>u a::w ZWCJ) O::CJ)>- wI-I- COze::: zww <(::20- Cl)O-O u.oa:: 0-'0- >-~...J I-w<( _ w UOe::: tw C\j I IJJ..... :t: 0 CI) C\j I '" '" N N , N ~ +1 . '" It'l ~~ 0 , It'l to . ",g ~ ~o:> 0 0", Zoo z a. - ~ <(~ u: ,.. fiJ~ >-~~ ,..I.n o::"'"'z w::Jw<l: (Loc.:J::!; oCfJzo:: O::W~W (LIO'" ,.. <l: ~,..LL~ u<l:Oo LL@O::~ui O,..W ::J W<l:~~Z ~UOO~ CfJSuO::<l: .. >- ~.c " " ., ., - .>< co " ~ ~ U U EXHIBIT 3 . Legal Description for the Sale of City Property Located at the Southwest corner of Orange Show Road and Waterman Avenue APN: 0136-431-23 That portion of Lot 102, Valley Truck Farms Tract No, 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records of the County recorder of San Bernardino County, State of California, described as follows: Beginning at the Northwest corner of said Lot 102, said point also being on the South line of Orange Show Road, as described in Resolution No, 2000-235 of the City of San Bernardino, recorded August 16,2000 as Document No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet: thence South 000 04' 34" East, a distance of 1.30 feet; thence South 450 02' 48" East, a distance of 43.77 feet to the West line of Waterman Avenue; thence south, along said West line to the South line of said Lot 102; thence west, along said South line. to the West line of said Lot; thence northwesterly, along said West line, to the point of begilming. 43,839 square feet, more or less. . . . . e CITY OF SAN BERNARDINO REAL PROPERTY SECTION OFFICIAL BID FORM - SALE OF REAL PROPERTY LOCATION OF PROPERTY BEING SOLD: VACANT LAND AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND WATERMAN AVENUE (APN 0136-431-23) In compliance with Specification No. lS.OS-223A, concerning the sale of the above City-owned property, the following bid is submitted: Dollars ($ ), payable as follows: $ to be deposited into escrow prior to close of escrow. and the balance to be paid as follows: [] annual [] monthly payment(s) of$ . plus interest at the rate of % per annum on the unpaid balance. Attached is a cashier's check payable to the CITY OF SAN BERNARDINO, in an amount equal to at least ten percent (10%) of the above bid, which I understand will be returned without interest if! am not the successful bidder as determined by the Mayor and Common Council of the City of San Bernardino. Submission of this bid signifies that I understand and concur with the provisions outlined in Specification No. 15.05-223A and that I understand the subject property is being sold in an "AS-IS" condition. PRINTED NAME OF BIDDER SIGNATURE MAILING ADDRESS TELEPHONE NO. CITY, STATE, ZIP CODE Sealed bids, submitted on this official Bid Form, will be received until 2:00 p.m., March 27, 2002, in the Real Property Section, Development Services Department, 3rd Floor, City Hall, 300 N. "D" Street, San Bernardino, California, 92418, at which time they will be publicly opened, examined and declared. NOTE: BIDS WILL NOT BE ACCEPTED UNLESS ALL BLANKS HAVE BEEN FILLED IN. ALL SEALED BIDS MUST HAVE THE FOLLOWING INFORMATION ON THE LOWER LEFT-HAND OF THE BID ENVELOPE: SEALED BID SALE OF CITY PROPERTY SPECIFICATION NO. 15.05-223A EXHIBIT 4 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): :::, - -<1-0 d- Item # Vote: Ayes \ -'\ Nays -e-- Change to motion to amend original documents: I ::l. Resolution # d 06 ;;l - b q Abstain -0- Absent ..Q- Reso. # On Attachments: -L Contract term: - Note on Resolution of Attachment stored separately:_ Direct City Clerk to (circle I); PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor; 3- '5 -O~ Date of Mayor's Signature: ?,-c,-C\-} Date ofClerk/CDC Signature: 2-(,,'-0;) Date Me olLetter Sent for Signature: 60 Day Reminder Letter h day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached; Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634); Updated CDC Personnel Folders (5557); Updated T':"ffic Folders (~85, 8234, 655, 92-389): Copies Distributed to: ./ Code Compliance Dev. Services /' City Attorney Parks & Rec. Police Public Services Water Notes: NuIlNoid After: By; m.~LOe. Reso. Log Updated: ~ Seal Impressed: ~ Date Returned; ~ Yes -L No By Yes No~ By Yes No ~ By Yes No + By Yes No_ EDA Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOT A TlONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File; {lY( Date: f3 It / ();L , Revised 01/12/01