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Agenda 12/13/2016 Item #16A 2 16A.2 12/13/2016 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Naples Motorcoach Resort, Application Number AR-12512 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the improvements associated with the Naples Motorcoach Resort plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On May 23, 2013, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Naples Motorcoach Resort. 2) The roadway and drainage improvements will be maintained by the project's homeowners association. 3) The required improvements have been constructed in accordance with the Land Development Code (LDC) . The Growth Management Department has inspected the improvements and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the LDC. A copy of the document is attached. 5) This project is within the Naples Motorcoach Resort PUD, Ord. No. 2007-85, which has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of$235,822.50 will be released upon Board approval. The original security in the amount of$1,626,437.34 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated September 2,2008. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Naples Motorcoach Resort, Application Number AR-12512, and authorize; 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and acceptance of the plat dedications. 2. The Clerk of Courts to release the maintenance security. Packet.Pg. 445 16.A.2 12/13/2016 Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department ATTACHMENT(S) 1. Location Map (PDF) 2. Construction and Maintenance Agreement (PDF) 3. Resolution (PDF) Packet Pg.446 16A.2 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Naples Motorcoach Resort, Application Number AR-12512 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. Meeting Date: 12/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 10/05/2016 12:47 PM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 10/05/2016 12:47 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 2:51 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/13/2016 1:21 PM Growth Management Department James French Additional Reviewer Completed 10/17/2016 4:57 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/19/2016 3:59 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/27/2016 9:37 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/27/2016 2:14 PM County Attomey's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/27/2016 3:15 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:23 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:21 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg'.447 (yoeooao;ow saIdeN eaue;deooy uois!A pgns reu!A : 1.ti1,Z) dew uogeoai :;uauayoe;;y coN v cc; 6 T ac tg SD yJ0 CES d 1 44 1 3141110 MY.ltMw]H ------*s, _ I t� i •..,.„ ,e, ra. was z i lo_.. .... 111E11 Ow 1iti Q ' !! _ ma, < MEM �i 'Ra §„t.„.. a 4000, s� iitiv_iii. ........___ i2 , .,8 g 1111111111110111111M11 8-1, ..-444.... . NNE Mix `110. la "4400, i .,..,,,,,,) 1 W qmm= =: ......ramor.,$4.Arks...„,„ / 1 unixi milipt 4 4,4 /j/�-J'fi '► /t VA" Agetill• �� aia I � ,.. ► � 11 fr1� i � 1i, i . Wily /11411P Milli Ksi 1 /7 Nomt 911111r1114 — ► .lliiiill'1(% Q a,--- 3,0= 3,0=tri.1M, ✓ 7 i- - LZ. g ti §g M Z i *t 1. QaL 5E. �'✓ r .g 0-O g- i Qom. f - t‘NQ_ IM s Q 77 01 L� f. tv,„ 1, - 4,le-c C ,._..i R Ei' -,,,it ilj c c) 1 E"' i Q Co, i .3.1. ;'° 2 P /4'.' I ' '1Z` m 4 / r a yy / ., ttt r$2 f a x I 6.A.2.b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 2 U THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION c IMPROVEMENTS entered into this 2nd day of September, 2008 between NAPLES o MOTORCOACH RESORT, INC., hereinafter referred to as "Developer," and the o Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 0 "Board." ea ea Z a) RECITALS: cc o a. A. Developer has, simultaneously with the delivery of this Agreement, applied for the Q approval by the Board of a certain plat of a subdivision to be known as: < 0 .y NAPLES MOTORCOACH RESORT 5 B. Chapters 4 and 10 of the Collier County Land Development Code requires the c? Developer to post appropriate guarantees for the construction of the improvements Fs required by said subdivision regulations, said guarantees to be incorporated in a bonded it agreement for the construction of the required improvements. 7r N NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: E a> a) 1. Developer will cause to be constructed: Site improvements including paving, Q drainage, roadway paving, storm drainage system, off-site utilities, potable water a, distribution system,wastewater collection system, landscape, irrigation, buffer wall. c lighting within 36 months from the date of approval said subdivision plat, said c improvements hereinafter referred to as the required improvements. . 2. Developer herewith tenders its subdivision performance security (LOC or c Performance Bond) (attached hereto as Exhibit "A" and by reference made a part tt hereof) hereinafter the "Surety Bond", in the amount of 51,626,437.34 which amount .2 represents 10% of the total contract cost to complete construction plus 100% of tire estimated cost to complete the required improvements at the date of this Agreement. o U 3. In the event of default by the Developer or failure of the Developer to complete such .. improvements within the time required by the Land Development Code, Collier County, 0 may call upon the subdivision performance security to insure satisfactory completion of the required improvements. asQ H 20iiai 2C,OC I44 WP',PL.1T RI CORD ATIONConstruction&Maintenance for Subdongiun improvements-OSOn0:.duc Packet Pg.449 16.A.2.b 4. The required improvements shall not be considered complete until a statement of 2 substantial completion by Developer's engineer along with the final project records have o been furnished to be reviewed and approved by the County Manager or his designee for c compliance with the Collier County Land Development Code. o N 5. The County Manager or his designee shall, within sixty (60) days of receipt of the a statement of substantial completion, either: a) notify the Developer in writing of his z preliminary approval of the improvements; or b) notify the Developer in writing of his 0 refusal to approve improvements, therewith specifying those conditions which the w Developer must fulfill in order to obtain the County Manager's approval of the 5. improvements. However, in no event shall the County Manager or his designee refuse Q preliminary approval of the improvements if they are in fact constructed and submitted c 0 for approval in accordance with the requirements of this Agreement. o 6. The Developer shall maintain all required improvements for a minimum period of one 0 year after preliminary approval by the County Manager or his designee. After the one U year maintenance period by the Developer has terminated, the Developer shall petition 7-5 the County Manager or his designee to inspect the required improvements. The County iZ Manager or his designee shall inspect the improvements and, if found to be still in 71- compliance compliance with the Collier County Land Development Code as reflected by final c approval by the Board, the Board shall release the remaining 10% of the subdivision c performance security. The Developer's responsibility for maintenance of the required c improvements shall continue unless or until the Board accepts maintenance responsibility 0 for and by the County. Q CD 7. Six (6) months after the execution of this Agreement and once within every six (6) c months thereafter the Developer may request the County Manager or his designee to '5 reduce the dollar amount of the subdivision performance security on the basis of work c complete. Each request for a reduction in the dollar amount of the subdivision E performance security shall be accompanied by a statement of substantial completion by el the Developer's engineer together with the project records necessary for review by the o County Manager or his designee. The County Manager or his designee may grant the v request for a reduction in the amount of the subdivision performance security for the r improvements completed as of the date of the request. c 0 U 8. In the event the Developer shall fail or neglect to fulfill its obligations under this c Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair 0 and maintenance of the required improvements. The Board shall have the right to e construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay H .2M 200C I44`_WP'.PL,AT RECORDATION:Construction&Maintenance for Subdivision Improvements-0809C2 doc Packet Pg.450 16.A2.b and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 0 C5 0 9. All of the terms, covenants and conditions herein contained are and shall be binding o upon the Developer and the respective successors and assigns of the Developer. c E N IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to o. E be executed by their duly authorized representatives this 2.4 1.$4 day of A7 , z 2008. a' U a ca SIGNED IN THE PRESENCE OF: 0. 0 NAPLES MOTORCOACH RESORT, INC. L' A Florida Corporation o N Sigzn�ature: 4/,,,..„). ('1.(,�e,..., E. Rame,nd I He, • .on, 7resident cn Printed or Typed Name • uthorized Si ature a i Signature: ..,,,----3,. Printed or/typed Name a E a) ATTEST: —e . „ BOARD OF COUNTY 'OMMISSIONERS Q ` •� OF COLLIER 0 UNTYy `LORIDA By: O ,: ,u,A ' `, % ' 0 C. • By: �" t c ca • Aiiiiiaki 4: . al* ; tv Clerk Tom Henning, Chairman g- Approved as to form and legal sufficiency: Ts ea a . 0 Steven T. Williams, Assistant County Attorney N `o U c 0 P U ca .. Q H;200S.2005 144\WP',PLA i RECORDATION\Construct=S Maintenance for Subdiv,sion Improvements-080902.doc Packet Pg. 451 16.A.2.b PERFORMANCE BOND Bond #104938553 0 KNOW ALL PERSONS BY THESE PRESENTS: that Naples Motorcoach Resort, Inc P 0 Box 465, Wakarusa, IN 46573 (hereinafter referred to as "Owner") and Travelers Casualty and Surety Co of America Park Center Plaza II 6150 Oak Tree Blvd #500, Independence, OH 44131 216-643-2369 (hereinafter referred to as "Surety") are held and c firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of One Million Six Hundred Twenty Six Thousand Four Hundred Thirty Seven 34/100 Dollars (51,626,437.34) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. o N THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Naples Motorcoach Resort and that certain subdivision shall include specific improvements which are required by Collier County v' Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of c the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period c established by the County, and the Owner shall satisfy all claims and demands incurred and shall Q fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation °' shall be void, otherwise to remain in full force and effect. 2 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed 2 specific improvements. 17) PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind a) the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Packet Pg.452 • 16.A.2.b` • IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 12th day of September 2008. WITNESSES: Naples Motorcoach Resort Inc 2 U BY '1G/( „ By•n-/e- �f A� -1-- U o2 By: ------=;—,......6-73 „��,.. Everett R. Henderson Jr., President Ne Yr j� z�,, (Provide Proper Evidence of Authority) Z 7 ACKNOWLEDGEMENT STATE OF `'d C 1 /& J ns COUNTY OFMiic,td`i a) THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS /s" DAY OF SEPii ;20 o , BY Everett R Henderson Jr AS President OF Naples Motorcoach Resort Inc. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/fr AS IDENTIFICATION. i3 CO Notary Public - State of im t G i G-A!/ c (SEA ``dsmik : _ Oh.on, -2 (tom te—; is()-( Ci) (s r 1 P ,rte Print'd Notary Name J© N 7N ettA,.-(41).0 I.e 074/-'T`? A-t,7-,A..e; iA, ' t tw r&1 E WI .TESS Travelers casualty & Surety Company of America a Li , u • - e House, Attorney-in-fact c ed&i.,66} (Provide Proper Evidence of Authority) c vs Chert' Alkire -o ACKNOWLEDGMENT ez STATE OF Indiana c w g COUNTY OF St. Joseph : L THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS o o 12th DAY OF September, 2008, BY Tracie House AS Attorney-in-fact OF Cassady Neeser & Brasseur on behalf of Travelers Casualty and Surety Co of America WHO IS m PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION. LI 2 w ary Public - Stat of Indiana t�L) �—, t Wendy S k Packet Pg. 453 16.A.2.b . WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM.. POWER OF ATTORNEY I TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company y Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219888 Certificate No.0 0 2 3 2 6 0 6 0 O KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul ov Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws 'O-' of the State of Minnesota.that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are 2 corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the to laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and e m Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies'),and that vs the Companies do hereby make,constitute and appoint Z a) 0 Gregg L. Brasseur,Thomas R.Cassady,Jr.,John E. Sukup,Jr.,Marolyn Klockow,Lisa A.Meek,Mary Radde,Tracie House, co Samantha M.Dhoore,Nancy A.Yates,Kathleen Goepfrich,Cheryl Alkire,and John M.Davis a a:! U Q C O y , of the City of South Bend ,State of Indiana ,their true and lawful Attomey(s)-in-Fact, :a each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and 41 other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of 7 contracts and executing or guaranteeing bonds and undertakings required or pertrptetedI in any actions or proceedings allowed by law. �4 LL N. IN WITNESS WHEREOF,the Companies have caused this instrument.to be signed andthefrcorporate seals to be hereto affixed,this 15th T day of April 2008 "' c. - C Farmington Casualty Company- , St.Paul Guardian Insurance Company a' Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company d Fidelity and Guaranty Insurance-Underwriters,Inc. Travelers Casualty and Surety Company i_ Seaboard Surety Company Travelers Casualty and Surety Company of America a7 St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ta ns o �7F fa C rGP6V44^t ?, ±`lM.��. SURE Tr J`FlPE 6 T /}�rO.PY`_yr`, )/3P11S�9 4e,"*No, .per _„Ty�y. a Thgt CE. CD $ 1 AMi g: i Z i -..� ., : KorponD, < a'tl1A'tr M _ Yb`t-c„.„ a” Y Lr TS51 4 Ny y ^, ,r ,t,„SEAL t f 1teSEAL;s ce"k c -I e 7 F r, o' J !` Ftrrt_^N r,,,,,c+ rs.Aw a f fir...,...--- . �A l mor" e C 1.7 ca `I c rO State of Connecticut By: v City of Hartford ss. Georg:w Thompson, Senior ice President L to C On this the 15th day of April _, 2008 before me personally appeared George W.Thompson,who acknowledged himself Q to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc., „j Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers C Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,as such,being E authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. V ca ZC In Witness Whereof,I hereunto set my hand and official seal. 'NO*y /L C V My Commission expires the 30th day of June,2011. PUtt.G * Marie C.Tetreault.Notary Public ......... CI* t' cTP 55440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Packet Pg. 454 I6.A.2.b ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28,2008 U t4 0 LANDSCAPE&'IRRIGATION,.,u= O Description Quantity Units Unit Cost Total 2 Landscape Plants 1 LS $435,523.65 $435,523.65 Mulch 1 LS $8,894.21 $8,894.21 Ti Irrigation 1 LS $195.000.00 $195,000.00 ea U Subtotal Landscaping& Irrigation $639,417.86 a BUFFER WALL Quantity Units Unit Cost Total Buffer Wall 3,216 LF $80.00 $257,280.00 O N LIGHTING , Quantity Units Unit Cost Total Cobra Head Fixtures 4 EA $2,000.00 $8,000.00 Lantern Fixtures 50 EA $2,500.00 $125,000.00 m ii Subtotal Lighting $133,000.00 T TOTAL LANDSCAPE &IRRIGATION,WALL AND LIGHTING $1,029,697.86 _ a) TOTAL OF CONSTRUCTION $3,360,521.81 10% OF CONSTRUCTION COST $336,052.18 c ea TOTAL OF IMPROVEMENTS TO BE COMPLETED @ 100% $1,290,385.16 PLAT BOND AMOUNT $1,626,437.34 o_ cJ 0 Jerry C,Neal,P.G. #26646 Hole Montes,Inc. #1772 a 950 Encore Way Naples,Florda 34110 Page 6 H\20x5\2005144\8SVPLAT RECORDATION\Revised Probabte Engrs Cost 080626 Plat Bo'}ding.XLS Packet Pg.455 16.A.2.c RESOLUTION NO. 16- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN NAPLES MOTORCOACH RESORT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 49, PAGES 35 THROUGH 40; RELEASE 2 OF THE MAINTENANCE SECURITY; AND o ACCEPTANCE OF THE PLAT DEDICATIONS o 0 WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 8, 2008, approved the plat of Naples Motorcoach Resort for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and 0 WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and '- — .c nz WHEREAS, the Development Review Division has inspected the roadway and `� P p y drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby (.1 granted for those roadway and drainage improvements in Naples Motorcoach Resort, pursuant to the plat thereof recorded in Plat Book 49, pages 35 through 40, acceptance of the plat dedications, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Naples Motorcoach Resort will be maintained privately in the future and will not be the responsibility of Collier County. Packet Pg. 456 16.A.2.c This Resolution adopted after motion, second and majority vote favoring same, this day of , 2016. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: , Deputy Clerk DONNA FIALA, CHAIRMAN 2 et 0 Approved as to form and legality: 0 N Scott A. Stone Assistant County Attorney 415a) U U O_ cn 71- 74 7 r CV 447 C r- f6 Packet Pg.457