HomeMy WebLinkAbout1980-240
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RESOLUTION NO. j?J-~~
RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING A CERTAIN DEVELOPMENT AGREEMENT
WITH A PARTICIPATING PARTY (HUNTER)
WHEREAS, the City of San Bernardino, California
(the "City"), is a municipal corporation duly created,
&stablished and authorized to transact business and
exercise its powers all under and pursuant to the Con-
stitution and laws of the State of California, the City
Charter of the City, and the powers of the City include
the power to issue bonds for any of its corporate purposes;
and
WHEREAS, pursuant to Ordinance No. 3853 of the
City, as amended, the City may make long term low interest
loan~ through qualified mortgage lenders to finance
residential construction in the City in order to encourage
investment and upgrading of such areas and to issue bonds
Zor the purpose of financing such residential construction
as authorized by said Ordinance No. 3853, as amended; and
WHEREAS, pursuant to said Ordinance No. 3853, as
amended, the City must enter into agreements with the
Participating Parties, being the developers of the proposed
residential housing, prior to the issuance of such mortgage
revenue bonds; and
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WHEREAS, it is necessary at this time that the
City approve such Development Agreements with the Participa-
ting Party to implement the mortgage revenue bond financing.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNI~, AS FOLL~vS:
Section 1. The City hereby approves the Develop-
ment Agreemer.t (Hunter) as attached hereto as Exhibit "A",
by and between the City and James Hunter Construction
Corporation, Riverside, California.
Section 2. The Mayor and City Clerk are hereby
authorized to execute said agreement on behalf of the City
with the seal of the City to be affixed thereto.
I HEREBY CERTIFY that the foregoing resolution
was duly adopted by the Mayor and Common Council of the
City of San Bernardino at a
'o/''\t ~"tin9
day of J
to-wit:
thereof, held on the 1
,
1980, by the following vote,
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AYES:
NAYS:
ABSENT:
The foregoing
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day of
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Councilmen ~-,;f.,.4~ (2,.J.L,dJ, ~A"A"'~,
~U'(.t;- ~-f~ (M;AU,
~J
~I"'L.~ Yi./"~)
~~~
c~ty er
is hereby approved this
, 1980.
Approved as to form:
hn~~
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go -,)10
CITY OF SAN BERNARDINO, CALIFORNIA
DEVELOPl1ENT AGREEMENT
(HUNTER)
THIS AGREEMENT, made and entered into this q\J...
day of
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, 1980, by and between the
CITY OF SAN BERNARDINO, CALIFORNIA, a municipal corporation
(hereinafter referred to as the "City") and JAMES HUNTER
CONSTRUCTION CORPORATION, RIVERSIDE, CALIFORNIA (hereinafter
referred to as the "Participating Party").
WITNESSETH THAT:
WHEREAS, Ordinance No. 3853, adopted by the City
on August 20, 1979, as amended (the "Ordinance"), pursuant
to the City Charter and Home Rule Powers of the City, which
Ordinance provides for the issuance of mortgage revenue bonds
to finance the acquisition of Mortgage Loans by the City to
aid Residential Housing; and
WHEREAS, the Ordinance provides that the City may
not undertake a Financing for a Participating Party which has
not been authorized by prior written agreement between the
City and such Participating Party; and
WHEREAS, the Participating Party is the owner of
property described in Exhibit "A" attached hereto and by
this reference made a part hereof and hereinafter referred
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to as the "Property" which Exhibit "A" may from time to time
be amended, as necessary; and
WHEREAS, the Participating Party has demonstrated
the financial ability to undertake Residential Housing in
the City; and
WHEREAS, proceedings are to be taken by the City
under the Ordinance, to purchase or make Mortgage Loans for
Financing Residential Housing and to issue Revenue Bonds
for the purpose of paying the costs of such Financing, and
it is the purpose of this Agreement to set forth the respec-
tive rights and obligations of the parties with respect
to proposed Mortgage Loans for Financing Residential
Housing; and
WHEREAS, the Redevelopment Agency of the City of
San Bernardino has been named as Project Coordinator pur-
suant to City resolution for matters relating to the
administration of the mortgage revenue bond Program of the
city.
NOW, THEREFORE, the City and the Participating
Party, for and in consideration of the mutual promises and
agreements herein contained and under the conditions herein-
after set forth, do hereby agree as follows:
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Section 1. Incorporation of Basic Documents. The
Rules and Regulations pertaining to the Program as the same
may exist from time to time are by reference incorporated
herein and made a part of this Agreement with the same force
and effect as though set forth in full herein; provided,
however, that any such changes shall not affect any sub-
stantial rights granted hereby to the Participating Party,
except as may be required by law. All terms not otherv!ise
defined herein shall have the same meaning as used in the
resolutions of the City providing for the issuance of the
Revenue Bonds.
Section 2. Participating Party's Responsibilities.
Participating Party agrees to construct Residences on the
Property as described in Exhibit "B", including the time
schedule for the construction thereof, which is attached
hereto. The timing of construction, dates of completion
of the Participating Party's construction and all other
material details relating to phasing, timing and the like
may be set forth in an Operating Memorandum to the extent
required to amend said Exhibit "B" as provided for in
Section 22 herein.
Section 3. Issuance of Revenue Bonds by City;
Fees; Mortgage Origination Schedule. City agrees to use
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its best efforts to issue Revenue Bonds for the purpose of
Financing Residential Housing through the making of Mortgage
Loans for the Residences to be constructed by Participating
Party. Participating Party hereby commits to construct
Residences as described on Exhibit "B", and to the utiliza-
tion of an amount estimated to be $7,200,000 of proceeds
from Revenup Bonds issued for making Mortgage Loans. The
commitment of the Participating Party to so utilize mortgage
moneys shall be valid and binding upon the Participating
Party and the City, and such moneys are intended to be so
used for the making of Mortgage Loans on or before April
15, 1983.
Participating Party shall remit to the City
through the Project Coordinator a commitment fee in an amount
equal to one percent (1%) of the Mortgage Loan amount
specified above payable to the Redevelopment Agency of the
City of San Bernardino. The City will agree to purchase
such Mortgage Loans from the Qualified Mortgage Lender at
par, but the Participating Party will pay to the Project
Coordinator for the City two percent (2%) of the par amount
of said Mortgage Loans at close of escrow on each Mortgage
Loan.
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Participating Party and the City hereby agree
that the purchase of Mortgage Loans by the City from the
Qualified Mortgage Lender on the Residences to be construc-
ted by the Participating Party pursuant to this Agreement
will be made in amounts not to exceed those amounts for the
respective dates as set forth in the schedule attached
hereto as Exhibit "C"; provided, however, that the Partici-
pating Party shall be permitted to so utilize such available
mortgage funds after the last date of anticipated purchase
of Mortgage Loans but prior to April 15, 1983.
In connection with the Financing of pesidential
Housing, the Participating Party shall execute and
comply with all of the documents necessary to effectuate
the Mortgage Loan(s) and perfect and maintain the security
interest therein in favor of the City.
In the event the City is unable to issue or sell
its Revenue Bonds as herein contemplated, then the City
shall not be liable to the Participating Party for any
costs, expenses or liabilities previously incurred by
Participating Party.
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Participating Party agrees that the sales prices
of the Residences shall not exceed $66,750 for Plan 10,
$72,750 for Plan 20, $77,250 for Plan 35, and $79,900 for
Plan 40, based on May, 1980, dollars which may be increased
subject to the approval of the City to the date of sale of
such Residences to reflect actual inflationary increases
relating to the construction of the Residences.
Section 4. Costs to be Advanced by Participating
Party and Mortgagors. Participating Party agrees that
Participating Party and/or thE Mortgagors will advance all
required costs, including, but not limited to, mortgage
insurance application fees, loan origination fees, engineer-
ing, architectural, planning and construction costs and all
other costs relating to performance of Participating party's
obligations under this Agreement.
Section 5. Conformity With Rules and Regulations,
Etc. Participating Party agrees to construct the above-
described improvements and maintain same in such a manner
as required by the Rules and Regulations, City building
and zoning requirements and/or this Agreement.
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Section 6. City Approval of Construction Plans.
Participating Party agrees that any and all plans for
grading, buildings, structures, appurtenances thereto,
landscaping, architectural design, use and location of
buildings shall be submitted to the City and approved by
the City prior to construction (unless construction has
commenced prior to the date hereof, in which event such
c0nstruction plans shalI be considered approved), and
such approval shall not be unreasonably withheld by the
City.
Section 7. Sign Standards. Participating Party
agrees that no sign shall be constructed, attached, inscribed,
affixed or painted on or to any building on the Property
unless and until the design for such sign has been presented
to and approved by the City as to location, size, design and
construction and such approval shall not be unreasonably
withheld by the City. It is not the intent of the City
to prohibit the construction and use of customary and usual
signs by Participating Party, contractors and lenders, and
customary and usual signs advertising property for sale.
Section 8. Curbs and Sidewalks. Participating
Party agrees that the area between the City curb and City
right-of-way and/or sidewalk shall be to City specifications
and/or landscaped and maintained by Participating Party as
a condition of use.
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Section 9. Construction Schedule. Participating
Party agrees and covenants to enter into a valid binding
offsite construction contract for grading work and the
construction of improvements (with provisions for faithful
performance and labor and material bonds to assure construc-
tion therein contemplated) with a reputable contractor on
or before the time set forth in the Operating Memorandum,
if required, as referred to in Section 2 above, said
construction contract to provide for the construction of
the improvements described in Section 2, and to provide
for a construction period not to exceed the time set forth
as referred to in said Section 2 above. In lieu of entering
into such a construction contract, the Participating Party
may (unless construction has commenced prior to the date
hereof and/or Participating Party has elected to use its
own forces, in which event permission shall be deemed to
have been given by the City) submit an undertaking to do
the construction herein contemplated with its own forces.
Section 10. Removal of Restrictions. The Partici-
pating Party and City shall cooperate to the end that any
and all restrictions existing, if any, as of the date of
execution hereof against the Property which are contrary
to those contained in the Rules and Regulations and/or this
Agreement or which might prevent this Agreement from being
performed as contemplated, shall be removed.
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Section 11. Access. The Participating Party
agrees to permit and does hereby permit the city access
to the Property for any purpose deemed necessary by the
City for carrying out the provisions of the Rules and
Regulations and this Agreement. This access shall i~clude
inspection of .~rk by representatives of the City, the
United States Government, nortgagees, or any local or
State agency having jurisdiction with respect to any local
or State building codes or regulations.
Section 12. Documentation. The Participating
Party and the City shall cooperate in the taking of all
steps legally necessary or required, and shall join,
when necessary, in executing or signing such new sub-
division plats, and other documents that may be required,
if any. Further, each party shall join, when necessary,
in the recordation of any documents which may be required
to insure that the development and use of the Property is
in accordance with this Agreement, including, without
limitation, the Certificate of Completion as described in
Section 18 hereof, a form of which is attached hereto as
Exhibit "D" and made a part hereof.
Section 13. Default, Notice and Remedies.
Failure to comply with any of the terms of this Agreement
by either party constitutes a default or breach of the
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Agreement.
In the event of default or breach of this
Agreement or any of its terms or conditions by either
party, the party alleging such default or breach shall give
the breaching party not less than thirty (30) days notice
of said default or breach. Notice shall be given by regis-
tered mail, postage prepaid, addressed to the respective
parties as follows:
To City:
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
To Participating
Party:
James Hunter Construction
Corporation
James Hunter, President
6660 Alessandro
Riverside, California 92506
The breaching party shall have thirty (30) days
from the date said notice is given to cure said breach. The
date of giving said notice shall be deemed to be the date
of mailing thereof. Changes of address for notice purposes
shall be hereafter designated in writing by either of the
parties hereto and sent to the other party by certified
mail. As a further and cumulative remedy, the Participating
Party, for itself, legal representatives, successors, and
assigns, agrees that the City, its successors and assigns,
has the right and power to institute and prosecute any pro-
ceeding at law or in equity to enforce any covenants and
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agreements herein contained and to enjoin the threatened or
attempted violation thereof by the Participating Party,
legal representatives, successors, tenants and assigns
and/or to collect damages from the aforesaid, whomsoever of
which may violate said covenants and agreements; and in
addition, the Participating Party for itself, legal represen-
tatives, successors and assigns does hereby grant the City
such right and power to institute and prosecute such
proceedings.
This Agreement shall be construed and enforced in
accordance with the laws of the State of California. Should
any action be brought in any court of competent jurisdiction,
the prevailing party in such action shall be entitled to all
attorney's fees, court costs and necessary disbursement in
connection with such litigation.
Section 14. No Personal Liability of City. It
is understood and agreed that no official or employee of the
City shall be personally liable to the Participating Party
or to anyone else as to any obligation or obligations under
the terms of this Agreement. The Participating Party shall
save the City, and all parties in privity to it, harmless
from all claims, demands, causes of action, expenses, and
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liability of whatsoever kind or nature which may arise out
of, because of, concerning, or incident to participating
Party's performance under this Agreement.
Section 15. Participating Party's Private
Undertaking. The development covered by this Agreement is
a private undertaking, and the Participating Party shall
have full power over and exclusive control of the Property
herein described; subject only to the limitations and obli-
gations of the Participating Party under this Agreement.
Section 16. Successors and Assigns. This
Agreement shall be in full force and effect and shall inure
to the benefit of and be binding upon the parties hereto,
their respective successors or assigns from the date of its
execution.
Section 17. Nondiscrimination. The Participating
Party agrees that, in addition to the other provisions set
forth in this Agreement, the Property shall be used as set
forth in this Section, and the Participating Party further
agrees that every conveyance of the Property shall, in
addition to any other covenants, contain covenants on the
part of the Participating Party, for itself, successors, nnd
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assigns of the Property described herein, which covenants
shall be covenants running with the land and shall bind the
Participating Party, successors and assigns and all persons
claiming under or through them to effectuate the fOllowing:
(a) That the work of the development of the
Property or part or parts thereof as in this Agreement
provided shall be carriefl out.
(b) That there shall be no discrimination against
or segregation of any person or group of persons on account
of race, color, creed, religion, sex, marital status, national
origin, or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the premises to be
conveyed, nor shall the Participating Party or any grantees
or any persons claiming under or through them establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the premises to be conveyed.
(c) That, after the satisfactory completion of any
construction or alterations to the Property made necessary by
this Agreement, the Property shall be devoted to the uses
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specified in this Agreement and shall not, in whole or in
part, be devoted to any other use or used for any other
purposes.
(d) That such agreements and covenants shall run
with the land, and shall inure to the benefit of and be
en=orceable by the City, its successors and assigns.
Further, it is intended and agreed that the covenants con-
tained in subsection (b) of this Section 17 shall remain
in effect without limitation as to time.
(e) Such a?reements and covenants shall run in
favor of the City for the entire periOd during which such
agreements shall reffiain in force and effect without regard
to whether the City has at any time been, remains, or is an
owner of any land or interest therein to which these cove-
nants relate. In the event of any breach, the City shall
have the right to exercise all the rights and remedies
available at law or in equity to enforce the curing of such
breach.
Section lB. Certificate of Completion. The City,
its successors and assigns agree that upon the compliance by
the Participating Party with the terms of this Agreement
which pertain to the construction of the Property improve-
ments, it will provide and furnish Participating Party with
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a Certificate of Completion (in the form found in Exhibit
"D") certifying that construction, and other improvements
required pursuant to this Agreement, have been completed
to the satisfaction of the City, its successors and assigns.
The Participating Party may request the City to issue, and
the City shall so issue, a Certificate of Completion upon
completion of the Property improvements in phases, if appli-
cable, and if such phases of constructim. ",re set forth on
Exhibit "B".
Section 19. ~oninterference with Mortgagors.
The provisions of this Agreement do not limit the right of
obligees to foreclose or otherwise enforce any mortgage,
deed of trust or other encumbrance upon the Property and
the improvements thereon, or the right of obligees to pursue
any remedies for the enforcement of any pledge or lien upon
the Property, provided, however, that, in the event of a
foreclosure sale under any such mortgage, deed of trust or
other lien or enc~~brance, or sale pursuant to any power of
sale contained in any such mortgage or deed of trust, the
purchaser, or purchasers and their successors and assigns,
and the Property, shall be, and shall continue to be subject
to all of the conditions, restrictions and covenants herein
provided for.
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Section 20. Events of Default. "Event of Default"
wherever used in this Section, means anyone of the following
events (whatever the reason for such Event of Default and
whether it shall be voluntary or involuntary, or be effectual
by operation of law pursuant to any judgment, decree or order
of any court or any order, rule or regulation of any adminis-
trative or governmental body superior to the city) :
(a) Default in the performance, or breach, of any
provision of this Agreement by Participating Party, and con-
tinuance of such Default or breach for a period of thir '-y
(30) days after the City has given notice as specified in
Section 13, and requiring it to be remedied and stating that
such notice is a "Notice of Default" hereunder; or
(b) The entry of a decree or order by a court
having jurisdiction in the premises adjudging the parti-
cipating Party bankrupt or insolvent, or approving as
properly filed a petition seeking reorganization,
arrangement, adjustment (.:: <.:omposition of or in respect
of the Participating Party under the Federal Bankruptcy
Act or any other applicable federal or state law, or
appointing a receiver, liquidator, assignee, trustee,
sequestrator, or other similar official of the partici-
pating Party or of any substantjal part of its property,
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or ordering the winding up or liquidation of its affairs,
and the continuance of any such decree or order unstayed
and in effect for a period of thirty (30) days: or
(c) The institution by the Participating Party of
proceedings to be adjudged bankrupt or insolvent, or the
consent by it to the institution of bankruptcy or insolvency
proceedings against it, or the filing by it of a petition or
~nswer or consent seeking reorganization or relief under the
Federal Bankruptcy Act or any other applicahle federal or
state law, or the consent by it to the filing of any such
petition or to the appointment of a receiver, liquiaator,
assignee, trustee, sequestrator (or other similar official)
of the Participating Party or of any substantial part of its
property, or the making by it of an assignment for the
benefit or creditors, or the admission by it in writing of
its inabil~ty to pay its debts generally as they become due,
or the taking of corporate action by the Participating Party
in furtherance of any such action.
Notwithstanding Section 13 hereof, if an Event
of Default occurs, the City at its sole option, may
terminate this Agreement at any time by giving thirty (30)
days' notice.
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Section 21. Changes in Organization/Bankruptcy/
Fraud. The Participating Party shall immediately notify
the City of any contemplated, material changes in its
organization. The Participating Party shall immediately
notify the City of any voluntary or involuntary pro-
ceedings which might result in bankruptcy, reorganization,
dissolution, liquidation, the appointment of a trustee or
receiver, an assignment for benefit of creditors or the
Participating Party being placed on probation or having
activities restricted in any manner whatsoever by any
governmental agency. The Participating Party shall
promptly notify the City of all cases of embezzlement,
fraud, criminal or dishonest acts of any employee, officer
or agent, or of the cancellation or nonrenewal of fidelity
bonding coverage relating to or having an effect upon
the city's rights with respect to this Agreement. The
Participating Party shall promptly notify the City of any
other matter which might constitute an Event of Default
hereunder.
Section 22. Operating Memoranda. It is recog-
nized that performance under this Agreement will require
a close degree of cooperation between the City, the Project
Coordinator and the Participating Party. It is further
realized that experience will demonstrate changes that may
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be required in the performance hereunder, and that a certain
degree of flexibility will be required; and it is to pre-
serve such flexibility that certain items (whether or not
specifically referring to an operating memorandum or
operating memoranda) have been covered in this Agreement
in general terms only, with the understanding that details
may be set forth in "operating memorancJ.a" if, and to the
extent, required. Each ~perating memorandum shall be
approved by the City and the Participating Party and
shall be attached hereto as an addendum and become a part
hereof and may be changed and amended from time to time as
necessary with further approval by the City and the
Participating Party.
Section 23. Severability. Each and every section
of this Agreement is, and shall be construed to be, a
separate and independent covenant and agreement. If any
term or provision of this Agreement or the application
thereof shall to any extent be invalid or unenforceable, the
remainder of this Agreement, or the application of such term
or provision to circumstances other than those to which it
is invalid or unenforceable shall not be affected thereby,
and each term and provision of this Agreement shall be
valid and shall be enforced to the extent permitted by law.
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Section 24. Execution. This Agreement is executed
in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the
same instrument.
IN WITNESS WHFREOF, the City and the ParticiFa-
ting Party have executed this Agreement as of the date first
above written.
CITY OF SAN BERNARDINO
[SEAL]
ATTEST:
~~
CJ.ty Clerk
[SEAL]
PARTICIPATING ~::TY~ L. _
By ""y,-<:-~ / / r =1 '(-..r;"~--
aC4.-
APPROVED AS TO LEGAL
FORM AND ADEQUACY:
~ ff!:':(::~
By ~~ IN ~oS I.~
Ti tle .ica .
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STATE OF CALIFORNIA )
)
COUNTY OF Riverside )
ss.
On June 6 , 1980, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared James N. Hunter, President and
John W. Colopy, Secy-Treas. , known to me to be the
persons whose names and titles appear on the within instrQ~ent,
subscribed to the within instrument and acknowledged that they
executed the saffie.
."- ,."~_ OFFICIAL SEAL
. LILLIAN H. EBEL
fIOTARY PUBLIC - CAt.IFOANIA
PRINCIPAL Of'F'IC! 1M
RIYIRSIDE COUHn
[if~. ~res August 9. 1181
>-~~ - '~.~LkL
~'Notary
Lillian H. Ebel
Name (Printed) of Notary
STATE OF CALIFORNIA )
San )
COUNTY OF Bernardino )
ss.
On June 17 , 1980, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared W. R. Holcomb and
Shauna Clark , known to me to be the
Mayor and the City Clerk, respectively, of the City of
San Bernardino, California, a public body, which executed the
within instrument, known to me to be the persons who executed
the within instrument on behalf of said public body, and
acknowledged to me that such said public body executed the
within instrument pursuant to the authority granted by its
governing board.
~_. (Of"FICIAL SEAL.)
, SANDRA A. BAXTER
. . NOTARY PUBLIC - CALIFORNIA
.. SAN BERNAROINO COUNTY
My ~illi\ihlon'Expires Oec. 7, 1981
~~/t..-t) c .A~
S gnature of Notary
Sandra A. Baxter
Name (Printed) of Notary
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EXHIBIT A
(Legal Description and Map of
Property of Participating Party)
Tract No. 10411
Tract No. 10412
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~~~~.'~ ~ .' ~t<7
~ _ !!'!::II 109 EAST THIRD STREET. AREA 714 884-8217 . SAN BERNARDINO. CALIFORNIA 92410
. .'lLA
CIVIL ENGINEERING: SURVEYING
LEGAL DESCRIPTION
of
TRACT NO. 10411
All that portion of lot 95, Tract 3177, recorded in Map
Book 45, Pages 59 and 60, records of San Bernardino County, State
of California, described as follows:
Beginning at the most Northeasterly corner of parcel con-
veyed by deed recorded in Book 9536, Page 207 O.R. in said County
and State, being 1" Iron Pipe tagged R.C.E. 9101.
thence N 600 27' 15" W, 429.95 feet along Northerly line of
said parcel to the most Northwesterly corner of said parcel;
thence S 290 32' 45" W, 427.00 feet along the Northwesterly
line of said parcel to the most Northeasterly corner of Tract
9890 recorded in Map Book 148, Page 71 thru 74 in said County and
State;
thence N 600 27' 15" W, 25.00 feet along Northerly line of
said Tract;
thence N 670 29' 32" W, 125.03 feet along Northerly line of
said Tract;
thence N 890 56' 00" W, 371.53 feet along Northerly line of
said Tract;
thence N 770 53' 31" W, 60.25 feet along Northerly line of
said Tract;
thence N 620 36' 38" W, 150.00 feet along Northerly line of
said Tract;
thence N
thence N
thence N
thence S
thence N
thence N
thence N
of Tract 3485
State;
270 23' 22" E, 28.00 feet;
150 35' 40" E, 112.36 feet;
00 04' 00" E, 203.45 feet;
890 56' 00" E, 9.00 feet;
00 04' 00" E, 70.00 feet;
110 17' 40" E, 145.68 feet;
290 32' 45" E, 281.00 feet to
recorded in Map Book 45, Page
the Southwesterly line
82 in said County and
;.
thence S 600 27' 15" E, 1310.37 feet along Southwesterly
line of said Tract to the most Northwesterly corner of Tract 4825
recorded in Map Book 61, Pages 46 thru 47 in said County and
State;
thence S 290 33' 08" W, 150.00 feet along the most North-
westerly line of said Tract to the POINT OF BEGINNING.
This Tract contains 14.746 acres.
- ,
, J~~~ ~~ 109 EAST THIRD STREET. AREA 714 884-8217 . SAN BERNARDINO, CALIFORNIA 92410
.,' JJ\
CIVIL ENGINEERING: SURVEYING
LEGAL DESCRIPTION
of
TRACT 10412
All that portion of lot 95, Tract 3177, recorded in Map
Book 45, Pages 59 thru 60, Records of San Bernardino County,
State of California, described as follows:
Beginning at the most Northwesterly corner of Tract 9890,
recorded in Map Book 148, Pages 71 thru 74 in said County and
State.
thence N 00 04' 33" E, 292.00 feet to the South line of
Record of Survey 27, Page 33 in said County and State;
thence S 890 56' 00" E, 159.67 feet to the most Southeasterly
corner of said Record of Survey;
thence N 00 02' 21" E, 447.39 feet along the East line of
said Record of Survey;
thence N 600 22' 25" W, 18.99 feet;
thence N 290 32' 49" E, 150.00 feet to the Northeast cor-
ner of said Record of Survey;
thence N 600 24' 20" W, 312.38 feet to the beginning of a
tangent curve, concave to the Southwest, having a radius of
299.99 feet;
thence Westerly along said curve 154.77 feet through a
central angle of 290 33' 33" to the end of said curve;
thence N 890 57' 53" W, 257.30 feet to the Easterly right
of way line of State Street;
thence N 00 04' 00" E, 140.00 feet to the Southerly line of
Tract 3485 recorded in Map Book 45, Page 82 in said County and
State;
thence S 890 57' 24" E, 360.11 feet along said Southerly
line;
thence N 00 02' 36" E, 18.85 feet;
thence S 600 27' 15" E, 809.36 feet along said Southerly
line;
.- --- ~~
, .... ..'
thence S 290 32' 45" W, 281.00 feet;
thence Silo 17' 14" W, 145.68 feet;
thence S 00 04' 00" W, 70.00 feet;
thence N 890 56' 00" W, 9.00 feet;
thence S 00 04' 00" W, 203.46 feet;
thence S 150 35' 40" W, 112.36 feet;
thence S 270 23' 22" W, 90.00 feet to the Northerly line
of said Tract 9890;
thence N 620 36' 38" W, 143.00 feet along said Northerly
line;
thence S 270 23' 22" W, 42.63 feet along said Northerly
line;
thence N 620 36' 38" W, 25.00 feet to the beginning ofa
non-tangent curve, concave to the Southeast, having a radius of
704.08 feet and to which point a radial line bears
N 620 36' 38" W;
thence So~therly along said curve 47.06 feet through a
central angle of 030 49' 47" to the end of said curve;
thence N 660 26' 25" W, 131. 23 feet along said Northerly
line of Tract 9890;
thence S 550 47' 09" W, 58.05 feet along said Northerly
line to the POINT OF BEGINNING.
This Tract contains 10.096 Acres.
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San Bernardino
60,005-39-1
EXEIBIT B
(Description of Property imFroverrents,
including time schedule)
Tract 10412 - Single Family Residence - 42 units - Approximate
Completion date - January, 1981
Tract 10411 - Single Family Residence - 56 units - Approximate
Completion date - December, 1981
-23-
A24-11 (ds)
6/5/80
Date
January 1981
February 1981
August 1981
September 1981
EXHIBIT C
(Mortgage Take Down Schedule)
-24-
Amount
$1,000,000
2,000,000
2,000,000
2,200,000
$7,200,000
San Bernardino
60,005-39-1
A227-16 (dsl
6/5/80
San Bernardino
60,005-39-1
,
EXHIBIT D
When Recorded, Mail to:
CERTIFICATE OF CO~WLETION
We,
, Mayor and
, Project
Coordinator of the City'of San Bernardino, California,
hereby certify as follows:
By its Resolution No.
, adopted and approved
, 19___, the City of San Bernardino,
California has resolved as follows:
Section 1. The improvements required to be
constructed in accordance with that certain Development
Agreement ("Agreement") dated
, 19_,
by and between the City of San Bernardino, California
and
("participating Party")
have been compl~ted in accordance with the provisions of
said Agreement.
-25-
A23l-7 (ds)
6/5/80
~
San Bernardino
60,005-39-1
,
Section 2. This Certificate of Completion shall
constitute a conclusive determination of satisfaction of
the agreements and covenants in said Agreement with respect
to the obligations of the Participating Party, and its
successors and assigns, to construct the improvements and
the dates for the beginning and completion thereof.
Section 3. The real property to which this Certi-
ficate of Completion pertains is that certain land located
in the City of
, County of
,
State of California, more particularly described as:
DATED AND ISSUED this
day 0 f
,
19
Project Coordinator for the
City of San Bernardino,
California
Mayor of the City of
San Bernardino, California
-26-
A231-8 (ds)
6/5/80
~~~~
109 EAST THIRD STREET. AREA 714 884-8217 . SAN BERNARDINO. CALIFORNIA 92410
CIVIL ENGINEERING: SURVEYING
HUNTER - EXHIBIT "A"
LEGAL DESCRIPTION
of
TRACT 10412
All that portion of lot 95, Tract 3177, recorded in Map
Book 45, Pages 59 thru 60, Records of San Bernardino County,
State of California, described as follows:
Beginning at the most Northwesterly corner of Tract 9890,
recorded in Map Book 148, Pages 71 thru 74 in said County and
State.
thence N 00 04' 33" E, 292.00 feet to the South line of
Record of Survey 27, Page 33 in said County and State;
thence S 890 56' 00" E, 159.67 feet to the most Southeasterly
corner of said Record of Survey;
thence N 00 02' 21" E, 447.39 feet along the East line of
said Record of Survey;
thence N 600 22' 25" W, 18.99 feet;
thence N 290 32' 49" E, 150.00 feet to the Northeast cor-
ner of said Record of Survey;
thence N 600 24' 20" W, 312.38 feet to the beginning of a
tangent curve, concave to the Southwest, having a radius of
299.99 feet;
thence Westerly along said curve 154.77 feet through a
central angle of 290 33' 33" to the end of said curve;
thence N 890 57' 53" W, 257.30 feet to the Easterly right
of way line of State Street;
thence N 00 04' 00" E, 140.00 feet to the Southerly line of
Tract 3485 recorded in Map Book 45, Page 82 in said County and
State;
thence S 890 57' 24" E, 360.11 feet along said Southerly
line;
thence N 00 02' 36" E, 18.85 feet;
thence S 600 27' IS" E, 809.36 feet along said Southerly
line;
.
thence S
thence S
thence S
thence N
thence S
thence S
thence S
of said Tract
thence N
line;
thence S 270 23' 22" W, 42.63 feet along said Northerly
line;
thence N 620 36' 38" W, 25.00 feet to the beginning of a
non-~angent curve, concave to the Southeast, having a radius of
704.08 feet and to which point a radial line bears
N 620 36' 38" W;
thence So~therly along said curve 47.06 feet through a
central angle of 030 49' 47" to the end of said curve;
thence N 660 26' 25" W, 131.23 feet along said Northerly
line of Tract 9890;
thence S 550 47' 09" W, 58.05 feet along said Northerly
line to the POINT OF BEGINNING.
290 32' 45" W, 281.00 feet;
110 17' 14" W, 145.68 feet;
00 04' 00" W, 70.00 feet;
890 56' 00" W, 9.00 feet;
00 04' 00" W, 203.46 feet;
150 35' 40" W, 112.36 feet;
270 23' 22" W, 90.00 feet to
9890;
620 36'
the Northerly line
38" W, 143.00 feet along said Northerly
This Tract contains 10.096 Acres.
~~~~~~~
~ _ !!!:II 109 EAST THIRD STREET. AREA 714 884-8217 . SAN BERNARDINO, CALIFORNIA 92410
. ~
CIVil ENGINEERING: SURVEYING
LEGAL DESCRIPTION
of
TRACT NO. 10411
All that portion of lot 95, Tract 3177, recorded in Map
Book 45, Pages 59 and 60, records of San Bernardino County, State
of California, described as follows:
Beginning at the most Northeasterly corner of parcel con-
veyed by deed recorded in Book 9536, Page 207 O.R. in said County
and State, being I" Iron Pipe tagged R.C.E. 9101.
thence N 60" 27' IS" W, 429.95 feet along Northerly line of
said parcel to the most Northwesterly corner of said parcel;
thence S 29" 32' 45" W, 427.00 feet along the Northwesterly
line of said parcel to the most Northeasterly corner of Tract
9890 recorded in Map Book 148, Page 71 thru 74 in said County and
State;
thence N 60" 27' IS" w, 25.00 feet along Northerly line of '
said Tract;
thence N 67" 29' 32" W, 125.03 feet along Northerly line of
said Tract;
thence N 89" 56' 00" W, 371.53 feet along Northerly line of
said Tract;
thence N 77" 53' 31" W, 60.25 feet along Northerly line of
said Tract;
thence N 62" 36' 38" W, 150.00 feet along Northerly line of
said Tract;
thence N
thence N
thence N
thence S
thence N
thence N
thence N
of Tract 3485
State;
27" 23' 22" E, 28.00 feet;
IS" 35' 40" E, 112.36 feet;
0" 04' 00" E, 203.45 feet;
89" 56' 00" E, 9.00 feet;
0" 04' 00" E, 70.00 feet;
II" 17' 40" E, 145.68 feet;
29" 32' 45" E, 281.00 feet to
recorded in Map Book 45, Page
the Southwesterly line
82 in said County and
t
thence S 600 27' IS" E, 1310.37 feet along Southwesterly
line of said Tract to the most Northwesterly corner of 7ract 4825
recorded in Map Book 61, Pages 46 thru 47 in said County and
State;
thence S 290 33' 08" W, 150.00 feet along the most North-
westerly line of said Tract to the POINT OF BEGINNING.
This Tract contains 14.746 acres.
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