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HomeMy WebLinkAboutR04-Parks and Rec 1 ~ O CITY OF SAN BERN~ARDINO -REQUEST FOR COUNCIL ACTION -~ Subject: Annie Ramos Landscape Maintenance Development Director of Parka, Recreation Incentive Program. Dapt: and Community Services Date: 4/30/91 Synopsis of Provious Council action: 2/4191 -- The Mayor and Common Council directed the Director of Parks, Recreation & Community Services to prepare a Landscape Development and Maintenance Incentive Program. Recommended motion: t See attached list of form motions. - f~ /IIiFO~ Signature Contarcaerson: Annie F. Ramos Phone: 5031 Suppo,.tingdatamadwd; Staff Report Ward: City Wide FUNDING REQUIREMENTS: Amount: 5400.000.00 Source: Acct. No. 736-381-53150 1Acct Description) Landscape Beautification Fund ~ finance: ~^'~ +~-~ ~'~- - i ~il Notes: LI . ® o 0 FORM MOTIONS MAYOR AND COMMON COUNCIL That the proposed Landscape Incentive Program in which the City and property owners share the costs of installation of landscaping on the public right of way and on building setback back areas up to a maximum of 20 feet on designated properties be approved. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12,96 TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES ON CITY RIGHTS OF WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY THE CITY IN THE EVENT THE LANDSCAPING IS NOT PROPERLY MAINTAINED AFTER INSTALLATION. That further reading of the ordinance be waived and ordinance laid over for final adoption. ® RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET. Adopt resolution. "OMMUNITY DEVELOPMENT COMMISSION Thai Redevelopment Agency Landscape Beautification Fund bond proceeds be authorized in an amount not to exceed $400,000 to fund the City of San Hernardino's Landscape Development Maintenance Incentive Program. J `' ~'- ~C'" ITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION W~ STAFF REPORT APPROVAL OF THE LANDSCAPE INCENTIVE PROGRAM PROPOSAL In February, the Mayor and Common Council and the Community Dev- elopment Commission directed the Director of Parks, Recreation and Community Services Department to prepare a landscape devel- opment and maintenance program for the development of frontage on City Rights-of-Way and on the building set back area up to a maximum of twenty (20) feet. The program is to provide for City/property owner joint participation in paying for the cost of installation and then provide for a procass after installation to assure that the landscaping is properly maintained. To that end, this department staff has worked with Fred Wilson, Assistant City Administrator; Doris Daniels, RDA; and Roger Hardgrave, Public Works Director, to develop an ordinance, a resolution and an agreement to establish the program procedures and provide an instrument for carrying out the actual work of the landscape project. The Landscape Development and Maintenance Program as proposed is Voluntary on the part of the property owners, but if they apply and are located in certain designated areas, then the City will pay up to half of the landscaping cost. Then, if they fail to maintain the landscaping after it has been installed pursuant to this program, the City can do so and lien the property. This proposal was presented to the Legislative Review Committee on April 18, 1991. The Committee recommended approval with the following clarifications: 1. Clarification of Exhibit I which designates tha streets and commercial zones. This list has been reviewed and the re-typed list is included in the Resolution. 2. Funding has been identified in the Landscape Beautifi- cation Fund of the Redevelopment Agency. 3. The first year maximum funding for the program is rec- ommended not to exceed $400,000.00. 4. A cap of $40,000.00 for City participation is recommen- ded for each project. ~, CITY OF SAN BER~RDINO -REQUEST COUNCIL ACTION © STAFF REPORT This ordinance is the essential legislation for establishing the Landscape incentive Program. The ordinance defines the program and lays out the parameters by which both the City and the property owners participate in the program. The ordinance provides that the program is voluntary on the part of the property owner to participate; however, upon electing to participate, it is incumbent upon the property owner to maintain the landscaping at a proper standard. If the property owner fails to maintain the landscaping which is I'~ installed pursuant to this program, the City may do so and i lien the property. The resolution outlines the procedure for administering the ~ Landscape Incentive Program. It describes the eligible and 1 ineligible projects and provides a list of streets and commercial zones which come under the provisions of the i program. in addition, the resolution provides for an agreement which outlines the responsibilities of the City and the property ~ owner, and places the responsibility for landscape maintenance after installation on the property owner. The agreement also provides that if the property owner fails to maintain the landscaping installed pursuant to this program, ~j the City can do so and lien the property. It is essential that a procedural resolution be in place to guide the 1 administration of the program. The proposed ordinance, resolution and agreement have been reviewed by the City Attorney's staff. It is recommended that the proposal be approved. 75-0264 o ~ ' 1 ORDINANCE NO. Q 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.96 TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES ON CITY RIGHTS OF WAY AND WITHIN THE 3 BUILDING SET-BACIt AREA UP TO A MAXIMUM OF TWENTY (20) FEET AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY 4 THE CITY IN THE EVENT THE LANDSCAPING IS NOT PROPERLY MAINTAINED AFTER INSTALLATION. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 12.96 of the San Bernardino I'i Municipal Code is added to as follows: 8 "Chapter 12.96 Installation and Maintenance of Landscaped g Frontages on City Rights-Of Way and within the building set-back area up to a maximum 10 of twenty (20 feet." 11 12.96.010 scope and Definitions. 12 A. This Chapter shall apply to the installation and maintenance of landscaping in front of properties in any 13 specified block where frontages do not have landscaping which 14 complies with City standards and development codes and 15 provides for City participation with property owners for 16 sharing the costs of installation on that portion of the 17 property fronting on the Right-Of-Way and the building set- 18 back area up to a maximum of twenty (20) feet. 19 B. This Chapter shall apply to a lot or property 20 fronting on, or otherwise adjacent to, or in conjunction with 21 specified street, arterial or collector street section or ~ specified commercial zones as listed in the procedure resolution. 23 C. Definitions. 24 As used in this Chapter: 25 1. Frontages means all the property within the 26 -1- ® 27 28 ~.J ® 1 City Rights-of-Way and the building set-back up to a maximum 2 of twenty (20) feet fronting and facing the streets and 3 arterials in specified locations and commercial zones in the City of San Bernardino. 4 2. Cost, installation cost, or variants thereof 5 means and includes the actual cost of installation and/or 6 maintenance of the landscaping and any incidental or 7 administrative expenses. 8 4. Director of Parks, Recreation and Community 9 Services Department or designee shall be responsible for ~ 10 review and approval of landscape development plans and 11 specifications and final inspection after completion of 12 construction phase. 13 2'96.030 Participation by Property Owners. A. When the owners of lots or portions of lots /"~ 14 ~.J fronting on any portion of a public street have frontages 15 existing which do not meet city codes and standards for 16 landscape improvements on said lot or parcel of property, the 17 owners may apply for City cost sharing assistance to install 18 landscaping in conformance with the remainder of the block 19 and in compliance with City approved plans and 20 specifications. 21 B. After applications for assistance and the ~ Agreement for joint City property owner participation are 23 approved, the Director of Public Works/City Engineer shall 24 notify the property owner to prepare landscape plans for approval and upon approval of plans to cause landscaping ~ 3/18/91 -2- ~ 26 ~i Q 27 28 p Q 1 to be installed on the frontages. Landscape plans shall be O 2 reviewed and approved by the Director of Parks, Recreation 3 and Community Services Department prior to commencement of landscape installation. 4 12.96.040 Participation By City. 5 Notwithstanding other provisions of this Chapter or 6 any other provision of law, the City may pay 1/2 of the cost 7 of construction of landscaping located on the right-of-way 8 and within the building set-back area up to a maximum of 9 twenty (20) feet, at the discretion of the Public works 10 Director. The Public Works Director shall make such 11 determination based on the cost of the construction, the 12 ability of the property owner to pay and the cooperation exhibited by the property owner. Such determination shall 13 be subject to appeal to the Mayor and Common Council pursuant 14 to Chapter 2.64 of this Code. 15 12.96.050 Duty To Install Landscaping. 16 A. The owners of lots or portions of lots fronting 17 on the City Rights-Of-Way in the specified areas whenever the 18 City has approved the application and signed the agreement to 19 paY the 50$ portion of the costs of the installation of such 20 landscape improvements in front of said part, shall have the 21 duty of installation or causing the installation of ~ landscaping in front of their properties upon notice so to do 23 by the City. 3/18/91 -3- 24 25 26 © 27 28 i ® O 1 12.96.060 Duty To Maintain And Repair After Installation. ® 2 A. The owners of lots or portions of lots fronting 3 on any portion of the public right-of-way on the specified streets and arterials or in the specified commercial zones 4 shall after such property is improved, maintain that property 5 in accordance with established City standards and in such 6 condition that the improved area will not endanger persons or ~ property and maintain it in a condition which will not 8 interfere with the public convenience in its use. 9 B. When the Director of Public Works/City Engineer 10 finds any landscaped frontages which are not being maintained ' 11' up to City maintenance standards or which are in condition to 12 endanger persons or property or in condition to interfere 13 with the public convenience in its use, the Director of Public Works/City Engineer shall notify the owners of the Q 14 property fronting on that portion of such rights-of-way to 15 perform maintenance of the landscaped frontages. 16 12.96.070 Service And Contents Of Notice To Maintain After 17 installation. 18 A. Notice to repair or maintain landscaping and 19 appurtenant areas may be given by delivering a written 20 notice personally to the owner of the property or to the 21 Person in possession of the property facing upon the City 22 Rights-Of Way to be maintained or by mailing a written notice 23 to the owner of the property thereof at his last known address as appears on the tax assessment rolls of the 24 3/18/91 -4- 25 26 Q 27 28 Q O ® 1 County. Immediately upon mailing the notice, the property 2 shall be posted in a conspicuous place. S B. The notice shall particularly specify what work is required to be done, where standard landscape maintenance 4 requirements may be obtained showing how it is to be done and 5 what materials and plants shall be used in the maintenance 6 improvements and shall further specify that if the ~ maintenance is not commenced within thirty (30) days after 8 notice is given and diligently and without interruption i 9 prosecuted to completion, the Director of Public Works/City 10 Engineer shall cause the maintenance to be done, and the III 11 cost of same shall be billed to the property owner. Failure to pay invoices for landscape maintenance within thirty (30) ~ 12 13 days shall result in a lien on the property. © C. The notice shall specify the day, hour and place 14 when the Mayor and Common Council will hear objections or 15 protests, if any, which may be raised by any property owner 16 or other interested persons, but in no case shall such 17 hearing be sooner than ten (10) days after giving notice. 18 Upon the day and hour fixed for the hearing, the Mayor and 19 Common Council shall hear and pass upon objections or 20 protests and their decision shall be final and conclusive. 21 D. If the required maintenance improvements are not ~ commenced and prosecuted to completion with due diligence as ~ required by the notice, the Director of Public works/City Engineer shall forthwith make the required improvements. 24 12.96.080 Hearing And Assessment Of Costs. ~ -5- 26 Q 27 28 Q ' 1 A. Upon the completion of the maintenance 2 improvements, the Director of Public Works/City Engineer 3 shall cause notice of the cost of the maintenance 4 improvements to be given in the manner specified in 5 Subsection 12.96.060, except for posting, said notice shall 6 specify the day, hour and place when the Mayor and Common i 7 Council will hear and pass upon a report by the Director of 8 Public Works/City Engineer of the cost of the improvements, 9 together with any objections or protests, if any, which may 10 be raised by any property owner liable to be assessed for the 11 cost of such maintenance improvements and any other 12 interested persons. In no case shall the hearing provided 13 for in this section be sooner than ten (10) days after giving 14 of notice. 15 B. The cost of the maintenance improvements may 16 include administrative expenses required for the proper 17 coordination and functioning of the maintenance improvements 18 in front of the parcel as determined by the Mayor and Common 19 Council. 20 C. Upon the day and hour fixed for the hearing the 21 Mayor and Common Council shall hear and pass upon the report 22 of the Director of Public Works/City Engineer, together with 23 any objections or protests which may be raised by any of the 24 property owners liable to be assessed for such maintenance 25 improvements and any other interested persons. Thereupon the 26 Mayor and Common Council may make such revision, correction ® 27 or modifications in the report as it may deem just, after 28 which, by resolution, the report as submitted, or as revised, 3/18/91 -6- © D ' 1 corrected or modified, shall be confirmed. The Mayor and 2 Common Council may adjourn the hearings from time to time. $ The decisions of the Mayor and Common Council on all protests ¢ and objections which may be made, shall be final and 5 conclusive. g D. Upon confirmation of the above report, the Mayor ~ and Common Council may order the notice of lien to be turned g over to the accounting officer of the City, whereupon it ICI g shall be the duty of this officer to have the amount of the 10 assessment added to the next regular bill for taxes levied 11 against the lot or parcel of land. If the City taxes are 12 collected by the County officials, the notice of lien shall 13 be delivered to the County Auditor, who shall enter the 0 14 amount thereof on the County assessment book opposite the 15 description of the particular property and the amount shall 16 be collected together with all other taxes thereon against 1~ the property. The notice of lien shall be delivered to the lg County auditor before the date fixed by law for the delivery 19 of the assessment book to the County Board of Equalization. 20 12.96.090 Limitation Of Actions. 21 A. Time. ~ No action, suit, or proceeding to set aside, ~ cancel, avoid, annul or correct any assessment or 24 reassessment, or to review any of the proceedings, acts or ~r determinations therein, or to question the validity of, or to 26 enjoin the collection of the assessments or reassessments or © 2~ 3/1S/91 -7- 28 a o ® 1 to enjoin the issuance of bonds to represent the same, shall 2 be maintained by any person unless such action is commenced 3 within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter all persons 4 shall be barred from any such action or any defense of 5 invalidity of the assessment or of bonds issued thereon. 6 B. Property Unlawfully Dedicated or Acquired. 7 No proceedings taken or had under this provision 8 shall ever be held to be invalid on the ground that the 9 street Right-Of-Way, public property or any portion thereof, u on which the work or any part thereof is or was done has 10 P 11 not been lawfully dedicated or acquired; provided, the same 12 is lawfully dedicated or acquired, or an order for possession 13 Prior to judgement has been obtained. I HEREBY CERTIFY CERTIFY that the foregoing ordinance ® 14 was duly adopted by the Mayor and Common Council of the City 15 of San Bernardino at a meeting thereof, held 16 on the day of , 1991, by the 17 following vote, to wit: 18 COUNCIL MEMBERS AYES NAYS ABSTAIN 19 ESTRADA 20 REILLY 21 FLORES ~ MAUDSLEY 23 MINOR POPE-LUDLAM 24 MILLER 25 26 Ci y C er 3/18/91 -8- 27 28 © O ® 1 The foregoing ordinance is hereby approved this 2 day of , 1991. 3 4 W. R. Ho co , Mayor City of San Bernardino 5 Approved as to form 6 and legal content: 7 8 amen nman ' City Att rney 9 By: 10 11 12 13 (`j 14 15 16 17 18 (ORD:LANDSPFRONT) lg 3/18/91 -9- 20 21 22 23 24 25 26 27 28 • ~ o • 1 RESOLUTION NO. ® 2 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE $ LANDSCAPE DEVEIAPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK 4 AREA UP TO A MAXIMUM OF TWENTY (20) FEET. rj BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: s SECTION 1. PURPOSE. 7 In order to expedite the development of landscaping 8 along the public right-of-way on specified major arterials 9 and in specific commercial zones, the City may pay up to one- ~ 10 half the cost of such work. Arterials and commercial zones 11' are specified in "Landscape Development and Maintenance 12 Program" listing of streets and boundaries attached hereto, 13 marked "Exhibit I" and incorporated herein by reference as ® 14 fully as though set forth at length. 15 SECTION 2. ELIGIBLE. 16 Eligibile projects for City participation of one-half 17 the cost shall be only those projects for which the City has 18 initiated Chapter 12.96 proceedings of the San Bernardino 19 Municipal Code. 20 SECTION 3. INELIGIBLE PROJECTS. 21 This resolution does not apply to landscape development ~ and improvements required of a property owner as a condition ~ of obtaining a building permit, conditional use permit or ~ other type of development permit. 25 26 27 3/19/91 -1- 28 p O • 1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER Q PARTICIPATION IN LANDSCAPE DEVEIAPMENT PROGRAM, ETC. 2 3 SECTION 4. PROCEDURE. 4 The work hereunder may be performed by a private 5 contractor engaged by either the property owner or the City 6 following application to the Public Works Department for 7 participation in the program. 8 a. Applications, outlining the work to be performed 9 shall be completed on forms to be provided 'by 10 the Public Works Department. Upon approval of 11' the project, an agreement (Exhibit "II") for 12 landscape construction and maintenance will be 13 made between the City and the property owner. © 14 The Director of Public Works, City of San 15 Bernardino is hereby authorized to execute 16 agreements for this purpose on behalf of City. 17 b. The Public Works Director and the Director of 18 Parks, Recreation and Community Services 19 Department shall have an inspection made of the 20 project site; estimate the cost of the work; and 21 advise the property owner in the Landscape ~ Construction and Maintenance Agreement of the 23 dollar amount of the one-half cost contribution. 24 c. The property owner will have the option of 25 having work performed by a private contractor 26 selected by the City or by the property owner. ® 27 3/19/91 -2- 28 ~ o • 1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER ® PARTICIPATION IN LANDSCAPE DEVEIAPMENT PROGRAM, ETC. 2 3 In no event will the amount of the City~s 4 contribution exceed the sum determined in (b) 5 above. 6 d. The Public Works Director, following final 7 inspection and approval of the completed 8 landscape construction work by the City Parks, 9 Recreation and Community Services Director, and 10 upon the presentation of receipted bills or 11' invoices, shall authorize 50$ of the actual cost 12 of the project or the sum determined pursuant to 13 (b) above, whichever is less, to be paid to the 14 property owner. © 15 e. In the event a property owner elects to have the 16 work performed by a private contractor, the 1~ contractor shall apply for and receive a no-fee 1$ permit issued by the Public Works Department. 19 I HEREBY CERTIFY that the foregoing resolution was 2Q adopted by the Mayor and Common Council of the City of San 21 Bernardino at a meeting thereof, held on the 2`Z day if , 1991. 24 25 26 ® 2'J 3/19/91 -3- 28 ® O 1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER ® PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC. 2 3 COUNCIL MEMBERS: AYES NAYS ABSTAIN 4 ESTRADA 5 REILLY s FIARES 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER 1l' 12 13 City Clerk 14 The foregoing resolution is hereby approved this Q 15 day of 1991. 16 17 W. R. Holcomb, Mayor 18 City of San Bernardino 19 Approved as to form and legal content: 20 James F. Penman 21 City Attorney 22 BY' ~ ~ Z3 24 25 (RESO:LNSP.DEV.) 26 3/19/91 -4- 27 28 © ~ ' © LANDSCAPE DEVEIAPMENT AND MAINTENANCE PROGRAM All streets listed below within the City Limits of the City of San Bernardino: North to South oriented streets (major arterials): 1. Waterman Avenue. 2. Sierra Way. 3. Mountain View. 4. "D" Street 5. "E° Street 6. "F" Street 7. "G" Street 8. °H" Street 9. "I° Street 10. Mount Vernon Avenue 11. Medical Center Drive 12. California Street East to West oriented streets (major arterials): 1. Mill Street 2. Rialto Avenue 3. Second Street 4. Third Street © 5. Fourth Street 6. Fifth Street 7. Sixth Street 8. Seventh Street 9. Eighth Street 10. Ninth Street il. Tenth Street 12. Eleventh Street 13. Baseline Street 14. Sixteenth Street 15. Highland Avenue 16. 27th Street 17. 30th Street 18. 40th Street 19. Marshall Boulevard 20. 48th Street 21. University Parkway 22. Northpark Boulevard East to West oriented streets (commercial zone): 1. Fourth Street 2. Sixth Street 3. Seventh Street 4. Eighth Street ® 5. Tenth Street 6. Eleventh Street 7. Fourteenth Street 8. Fifteenth Street 9. Sixteenth Street EXHIBIT "I" AGREEMENT ® 1 FOR LANDSCAPE IMPROVEMENTS 'Z THIS AGREEMENT is entered into as of this day of 1991, by and between the City of San $ Bernardino ("City") and ("Property Owner"). 4 RECITALS 5 A. WHEREAS, CITY and PROPERTY OWNER desire to enter into 6 agreement for Construction of Landscaping on property located on City Right-of-Way and on the Building Set-back 7 area up to a maximum of 20 feet at ; and (Property Address) 8 B. WHEREAS, it is mutually beneficial to the parties 9 hereto that the PROPERTY OWNER install landscaping on the property; and 10 C. WHEREAS, the parties hereto contemplate the performance 11 of this Agreement under the provisions of Chapter 12.96 of the City Municipal Code . 12 NOW THEREFORE, in consideration of the mutual 13 covenants herein, the parties do hereby agree as follows: © 14 1. PROPERTY OWNER has formally requested participation in this City assisted program for 15 upgrading property frontages by installation of landscaping in accordance with plans which have been 16 approved by City Engineer and Director of Parks, Re- creation and Community Services Department. 17 2. CZTY may, pursuant to Section 12.96.040, City 18 Munici al Code , pay one-half the cost of construction landscap ng located on the Right-of-Way and within the 19 sat back area up to a maximum of twenty (20) feet. 20 3. Pursuant to Section 4, paragraphs (b) and (d) of the Prodecural Resolution, CITY agrees to reimburse 21 PROPERTY OWNER $ or 50 percent of the actual costs, whichever is less, upon favorable ~ inspection and approval of the project by Director of Parks, Recreation and Community Services Department and ~ upon presentation of receipted bills or invoices. 24 4. PROPERTY OWNER agrees to maintain property in accordance with City standards after landscape con- ~ construction is completed pursuant to Section 12.96.070, City Municipal Code. 26 EXHIBIT "II" 27 28 Q ~ 1 2 5. PROPERTY OWNER understands that in the event property is not maintained according to City standards $ that CITY may, after exhausting all efforts to have PROPERTY OWNER perform the maintenance, cause said 4 property to be maintained and the cost shall be billed by City to the property owner. Failure to pay the 5 invoice for costs of maintenance within 30 days shall result in a lien on the property pursuant to proced- 6 urea of section 12.96.070, City Municipal Code . 7 IN WITNESS WHEREOF, the parties have executed this $ instrument upon the date first herein above appearing. J PROPERTY OWNER: DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO 10 By By 11 (Name) Director 12 (Address) 13 O 14 wITNESS: 15 By 16 17 18 (AGREEMENTLSPIMP) 19 20 21 22 23 24 '~ 3/20/91 -2- 26 Q 27 28