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Agenda 05/09/2023 Item #16A18 (Economic Development Agreement w/PFPI OZ, LLC for Proposed "Centro" Project)SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting May 9, 2023 Move Item 16A18 to 11C: Recommendation to approve an Economic Development Agreement with PFPI OZ,  LLC, (Pikus) for the proposed project “CENTRO” for reimbursement of up to $788,878.56 in actual expenditures  for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed‐use development  headquarters in the Golden Gate City Economic Development Zone (GGEDZ) finding that this applicant is a target  business qualifying for the incentives set forth in the GGEDZ Ordinance. (Commissioner Saunders’ Requests) Move Item 16A13 to 11D to be heard no sooner than 1:00 PM: Recommendation to approve the payment of  $1,650 to the River Oaks Homeowners’ Association (“HOA”) for five years of unpaid assessments for Lot 44, Block  A of Palm River Estates, Unit No. 7, according to the Plat thereof recorded in Plat Book 12, pages 28 through 30,  Public Records of Collier County, Florida (Commissioner McDaniel’s Requests) Move Item 16F2 to 11E: Recommendation to approve a Second Amendment to Vacant Land Contract between  Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year ‐ due to  an unexpected delay in finalizing the rezoning of the underlying property ‐ the time to obtain the necessary site  development plans. (Commissioner McDaniel’s Requests) Notes: TIME CERTAIN ITEMS: Item 11A to be heard immediately following 5A: Recommendation to approve the County Manager’s implementation of one additional personal leave day for all County employees. Item 13A to be heard at 11:00 AM: Presentation of the Annual Comprehensive Financial Report for the fiscal year ended September 30, 2022. Item 11B to be heard no sooner than 1:00 PM: Recommendation to accept the after-action report for the 2023 Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycle. Item 11D formerly 16A13 to be heard no sooner than 1:00 PM: Recommendation to approve the payment of $1,650 to the River Oaks Homeowners’ Association. 5/10/2023 8:34 AM 05/09/2023 EXECUTIVE SUMMARY Recommendation to approve an Economic Development Agreement with PFPI OZ, LLC, (Pikus) for the proposed project "CENTRO" for reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permit fees for constructing a mixed -use development headquarters in the Golden Gate City Economic Development Zone (GGEDZ) finding that this applicant is a target business qualifying for the incentives set forth in the GGEDZ Ordinance. OBJECTIVE: To support the proposed project "CENTRO" to construct a mixed -use development corporate headquarters facility within the Golden Gate City Economic Development Zone (GGEDZ) to meet the needs of Pikus and complement the County's Economic Development job creation priorities. CONSIDERATIONS: On November 13, 2018, The Collier County Board of County Commissioners (Board) established the GGEDZ through Ordinance 2018-56. The primary purpose of the zone is to "attract and retain Qualified Targeted Industry (QTI) businesses as defined by Florida Statute 288.106. Priority of funding will be for the redevelopment and renewal of the commercial district along Golden Gate Parkway". Golden Gate Palmetto Lot 2 (PID 45999300067) was purchased by Pikus to construct its corporate headquarters in the GGEDZ. Pikus has already had a pre -application meeting with County staff for their initial design from which they began to explore the innovation zone funding to enhance the design of their corporate headquarters. Pikus' proposed project for their mixed -use development Headquarters facility, CENTRO, would be Golden Gate City's first Class -A, 2-story commercial, office headquarters, and restaurant project to utilize the Qualified Opportunity Fund in Golden Gate City, and is anticipated to generate 175 jobs. Pikus' projected capital investment in CENTRO is $4.8 million. They have made Innovation Zone reimbursement a condition for developing CENTRO. Pikus is current with their property tax and business tax receipts for their existing facility and are requesting reimbursement of up to $788,878.56 for the sanitary sewer, drainage, impact fees, and building permits to construct their new corporate headquarters. The proposed sanitary sewer line extension will allow 7 commercial parcels and 8 multi -family buildings in proximity to Toucan Alley to connect to County sewer services. Reimbursement would only be distributed upon the receipt of sufficiency, as identified in the developer agreement. The estimated cost to be incurred for sanitary sewer, drainage, impact fees, and building permits are as follows: a. Up to $146,412.85 for sewer installation when verified as final by the County in the online CityView application. b. Up to $165,710.92 for drainage when verified as final by the County in the online CityView application. c. Up to $476,754.79 for impact fees and building permit fees on receipt of the Certificate of Occupancy (CO). Pikus does not own properties in any other state or country and may not be considered a headquarters based on the definition of headquarters business in Florida Statute 288.106. However, the Board is requested to approve a finding that the applicant is a target business that qualifies for the incentives set forth in Ordinance 2018-56 based on the community and health benefits from accelerating the provision of county sewer to a portion of Toucan Alley, the 175 (>25 permanent) projected jobs, and the contribution to the redevelopment and renewal of the commercial district along the Golden Gate Parkway as per Ord. No. 2018-56, § 5. The project was heard by the Golden Gate City Economic Development Zone Advisory Board on April 7, 2023. It was a unanimous recommendation that the Board approve this applicant as a target business that qualifies for the incentives set forth in Ordinance 2018-56, and approve the Economic Development Agreement with proposed "CENTRO" up to $788,878.56 in expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed -use development headquarters in the GGEDZ. The Committee expressed their interest to see the applicant consider the future development of a bar or group meeting space on the rooftop. The reimbursement of impact fees, building permits, and improving the drainage and sewer service to the site, are supported by Section Five of Ordinance 2018-56. FISCAL IMPACT: Pikus will receive a reimbursement of up to the sum of $788,878.56. Funding is available in Packet Pg. 508 05/09/2023 the Golden Gate Economic Development Zone Fund (782) and will be incorporated in the FY2024 budget. Reimbursement will only be distributed upon the receipt of sufficiency, as identified in the Economic Development Agreement. GROWTH MANAGEMENT IMPACT: Consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the Country Attorney. The Golden Gate City Economic Development Zone Ordinance provides in relevant part as follows: Sec. 49-135. Adoption of the economic development plan. The primary purpose of the Golden Gate City Economic Development Zone is to attract and retain qualified targeted industry businesses as defined by F.S. § 288.106 and such businesses or industries identified by the Board of County Commissioners. Trust funds may be utilized in any lawful manner, including infrastructure required to serve new target businesses or the expansion of an existing target business; payment of County Impact Fees to be paid by the new target business or the expansion of an existing target business; and payment of building permit fees or other County fees related to the construction of structures to serve the target business. In addition to this primary purpose, trust funds may be utilized in any lawful manner that the Board of County Commissioners determines fosters economic development. Payment of funds is purely discretionary and must be approved in advance by the Board of County Commissioners. All expenses must be fully documented in a manner acceptable to the County. Priority of funding will be for the redevelopment and renewal of the commercial district along Golden Gate Parkway, as graphically represented by Exhibit A. (Ord. No. 2018-56, § 5) Staff advised me that the applicant is not a "Qualified target industry business" as defined by F.S. § 288.106. I am not aware that the applicant falls within the type of "businesses or industries identified by the Board of County Commissioners." According to its website, "Pikus Properties is a private investment firm seeking to acquire, reposition and develop small to medium size multi -family and commercial assets in Southwest Florida." Their listed portfolio consists of 11 properties, which are largely small apartments and office buildings. Their website can be reached at <https://www.pikusproperties.com/> Approval of this Item should include a finding that this applicant is a target business that qualifies for the incentives set forth in the Golden Gate City Economic Development Zone Ordinance. With that noted, this item is approved as to form and legality and requires a majority vote for approval. -JAK RECOMMENDATION: To approve an Economic Development Agreement with PFPI OZ, LLC, (Pikus) for the proposed project "CENTRO" for reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permit fees for constructing a mixed -use development headquarters in the GGEDZ finding that this applicant is a target business qualifying for the incentives set forth in the GGEDZ Ordinance. Prepared by: Cormac Giblin, Interim Director, Economic Development and Housing. ATTACHMENT(S) 1. Pikus Development - Preliminary Site Plan (1) (PDF) 2. Economic Development Agreement for CENTRO executed by Matt pikus (PDF) 3. Golden gate Innovation zone trust fund application jan 27 2023 (PDF) 4. CENTRO Golden Gate City slidedeck (PDF) Packet Pg. 509 16.A.18 05/09/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Doc ID: 25261 Item Summary: Recommendation to approve an Economic Development Agreement with PFPI OZ, LLC, (Pikus) for the proposed project "CENTRO" for reimbursement of up to $788,878.56 in actual expenditures for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed -use development headquarters in the Golden Gate City Economic Development Zone (GGEDZ) Ending that this applicant is a target business qualifying for the incentives set forth in the GGEDZ Ordinance. Meeting Date: 05/09/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 04/17/2023 10:48 AM Submitted by: Title: Department Head - GMD — Growth Management and Community Development Department Name: James C French 04/17/2023 10:48 AM Approved By: Review: Growth Management and Community Development Department Diane Lynch Development Review Cormac Giblin Additional Reviewer Operations & Regulatory Management Michael Stark Additional Reviewer Zoning Mike Bosi Additional Reviewer Development Review Sarah Harrington Additional Reviewer Transportation Management Operations Support Evelyn Trimino Growth Management and Community Development Department James C French Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Office of Management and Budget Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Christopher Johnson Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Growth Management DepartmentCompleted 04/17/2023 10:48 AM Completed 04/19/2023 2:32 PM Completed 04/19/2023 3:32 PM Completed 04/19/2023 3:37 PM Completed 04/20/2023 3:42 PM Additional Reviewer Completed 04/21/2023 5:01 PM Growth Management Completed 05/02/2023 1:52 PM Additional Reviewer Completed 05/03/2023 11:44 AM Completed 05/03/2023 11:50 AM Completed 05/03/2023 1:02 PM Completed 05/03/2023 1:26 PM Completed 05/03/2023 2:20 PM Completed 05/03/2023 3:38 PM Completed 05/03/2023 3:41 PM 05/09/2023 9:00 AM Packet Pg. 510 --d --d —6 W --id I-S a w. a--d 1-- Id Iz 2 z z 10151 z ol 'o Wo IN o z El M. z �z �o my ao Iz o I -� M w ol z oFp .s�S81 \.o .0 0', WMA zz- "7\ azo 5:8 \ / I / �n m Iz zo Io '00. 01 �z o6� w ,0 m t j z. -z wnzo 9. yo 2 Inz, - R 8 It ww RE ra z. EZ 0 \ j ­0 ol w 6-6 T. o R tj a z o- 16.A.18.b ECONOMIC DEVELOPMENT AGREEMENT PFPI OZ, LLC, This Economic Development Agreement (hereinafter referred to as "Agreement") is entered into this day of , 2023, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter referred to as the "County"), and PFPI OZ, LLC, (hereinafter referred to as "Pikus"), whose address is 5290 Golden Gate Parkway, Suite 3, Naples FL, 34116 . RECITALS: WHEREAS, Collier County enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within the County; and WHEREAS, Florida Statute Sec. 125.045 expressly provides that "The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county, must be liberally construed in order to effectively carry out the purposes of this section;" and further that "it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;" and WHEREAS, Pikus is constructing a Mixed Use Development Headquarters facility within the Founders Plaza Planned Use Development (PUD) in the Golden Gate City Economic Development Zone, "CENTRO"; and WHEREAS, Pikus has requested that it be reimbursed up to the sum of $788,878.56 for CENTRO's drainage and sanitary sewer infrastructure costs, and impact fees and building permits; and WHEREAS, Pikus is current on all property taxes and business tax receipt payments; and WHEREAS, the Board expressly finds that this project will result in substantial economic benefits to the County, including accelerating the provision of public infrastructure related to 0 m U r t� m 0 L a 'a to N L0 N Page 1 Packet Pg. 512 16.A.18.b health and safety and solidifying the workforce in critical industries that have ongoing shortages of skilled workforce. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and 0 valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, m r the Parties agree as follows: c L (L 1. The foregoing Recitals are true and correct and are incorporated by reference herein. Y 'a 2. As consideration for all of the sanitary sewer and drainage expenditures and impact fees and building permits incurred by Pikus in constructing this Mixed -Use Development cc N Headquarters facility, the County will reimburse Pikus up to the sum of $788,878.56 relating to 3 its actual costs incurred for sanitary sewer and drainage and impact fees and building permits as Q follows: r a. Up to the sum of $146,412.85 for sewer installation when verified as final by the County in the online cityview application. b. Up to the sum of $165,710.92 for drainage when verified as final by the m County in the online cityview application. c. Up to the sum of $476,754.79 for impact fees and building permit fees on w receipt of the Certificate of Occupancy (CO). C) c 0 3. Pikus will comply with all conditions in their Site Development Plan under PL 20220007082 m a� L 4. This Agreement is personal to Pikus and cannot be assigned or transferred by Pikus Q w without the prior written consent from the County. m Legal Matters 5. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Ta Piknc- Collier County PFPI OZ, LLC Page 2 Packet Pg. 513 16.A.18.b Attn: County Manager 3299 Tamiami Trail E, Suite 200 Naples, Florida 34112 Phone: (239) 252-8383 Facsimile: (239) 252-4010 Attn: Matthew Pikus 5290 Golden Gate Parkway, Suite 3 Naples, Florida 34116 Phone: (239) 450-6324 Facsimile: n/a Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 6. This Agreement constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 6. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 7. This Agreement shall be governed by the laws of Florida. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 8. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The County shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to Pikus upon request. 9. In the event of a dispute under this Agreement, either party may file an action for relief in the Circuit Court of Collier County as the sole and exclusive venue for any dispute arising under this Agreement to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement, with the prevailing party entitled to all costs and expenses associated with such suit, including reasonable attorney's fees. 0 m U r t� m 0 L a 'a to N Ln Page 3 Packet Pg. 514 16.A.18.b IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: Crystal K. Kinzel, Clerk M. , Deputy Clerk As to PMA2C By: S 1 giiafure W06-w OJCVv Printed Name Title STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chair Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney The foregoing Agreement was ackgowledged before me by presence or online notarization, this 1-' day of r r 1 , 2023 as -O a�uq for PFPI OZ, LLC (Hume) (title) `N�\110'IX U�iilllJl1��I'I Personally known to me OR Has produced as identification Notary name: / sissy► ; V6l a means of /physical by PI c .tom ti kvY Page 4 Packet Pg. 515 16.A.18.c PriceLincoln From: postmaster@mg.coIIieredo.mmghost.net on behalf of Collier EDO <postmaster@ mg.collieredo.mmghost.net> Sent: Friday, January 27, 2023 11:48 AM To: MontolioChris; PriceLincoln Subject: Webform submission from: Innovation Zone Trust Fund Form 0 L Follow Up Flag: Follow up Flag Status: Flagged Lj m 0 L EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when a opening attachments or clicking links. Y a Submitted on Fri, 01/27/2023 - 11:47 W N LO Submitted by: Anonymous Submitted values are: Business Name PFPI OZ, LLC Project Name CENTRO Golden Gate Contact Person Matthew Pikus Address 5290 Golden Gate Pkwy STE 3 Phone 239-450-6324 Email matt@ pikusproperties.com Website https://www.pikusproperties.com Select Innovation Zone Golden Gate EDZ Provide relevant information on the applicant's background and development experience and financial ability to successfully complete the project. Include resumes of key individuals assigned to the project. PFPI OZ, LLC is a family owned business and an affiliate of Pikus Properties and Pikus Property Management. The company was formed to develop commercial and residential property in Golden Gate City. Matthew Pikus has over 10 years experience managing residential, commercial and office space in Naples and plans to retain a small office space in the completed project. Packet Pg. 516 16.A.18.c Identify the applicant's consultants involved or proposed to be involved in the project noting relevant experience on similar projects (i.e., civil engineer, land use planner, applicant's legal counsel, applicant's financial advisor). MHK Architecture & Planning. The civil engineer is Ronny De Aza of RDA Consulting Engineers. Describe the proposed project, including the size and scope and phasing of the proposed project. Specifically outline residential development, if any, to be included in the project. The proposed project is a 2 story mixed use (commercial/restaurant/office) project. An SDP application has already been submitted under PL# 20220007082. o L There is no residential component to the project. r c,> Define the boundaries of the proposed project by address and/or locator/parcel number(s). Include a plat and map of 'o L the proposed area and legal description. a PID 45999300067 a - Identify the property which is currently in the control of the applicant via ownership or option. If under option, note the option expiration date. 04 The property is currently owed by the applicant. Is the Redevelopment Plan consistent with the Collier County Growth Management Plan? Yes Is the property currently zoned for the proposed use? Yes Will the proposed project result in the relocation of residential, commercial, or industrial facilities? No State the need and justification for the application to the Trust Fund. Substantiate that other alternative methods of financing have also been explored. The costs associated with providing County sewer service and storm -water infrastructure to the project are prohibitive given the other developer costs of constructing a transformative high -end mixed use building in the neighborhood. Discuss the conditions) that would qualify the proposed project for Tax Increment Financing (TIF). The project is located on Golden Gate Pkwy in the heart of the innovation zone as well as the new Golden Gate Parkway Zoning Overlay. Identify sources, amounts, and status of all debt financing and/or equity funding available to complete the project. Does the applicant anticipate the debt to be privately financed by the construction lender or developer or publicly sold? The developer will fund approximately 50% of the project with their own equity and the remainder of the project with a construction loan from bank or credit union. Mid Florida Credit Union has expressed interest in the project. Provide an outline of the costs associated with the development of the proposed project(s) and related parcel or parcels located within the Innovation Zone area. Identify in the outline those costs applicant would propose to fund with Innovation Zone financing and the proposed payback time frame. Innovation Zone financing and the proposed payback time frame. The land cost along with architectural and engineering is expected to total around $600,000. The construction costs estimate, not including the infrastructure improvements requested in this application, is approximately $4,000,000. We are asking the Fund to cover the costs of extending the County sewer line to the site, installing a grinder pump, installing underground storm -water management, and to reimburse the impact fees and building permit fees associated with the Packet Pg. 517 16.A.18.c project. We do not have exact estimates yet but we expect these costs to be between $400,000 and $500,000. Discuss and document information used to describe the market feasibility of each element of the proposed project. If a formal feasibility or comparable studies have been prepared, attach such reports as an appendix to this application. Based on the developers property management experience in Golden Gate City there is more than adequate demand for small high -end retail and office space for local businesses. There is currently no equivalent restaurant space in Golden Gate City and we expect this to attract a quality operator that will help create jobs and elevate the neighborhood. On a revenue worksheet estimate the incremental property taxes and economic activity taxes to be generated by the c project. The project will generate significant property taxes as well as be home to numerous businesses including a full service U restaurant with a 1,200 canal -front patio that will bring additional economic activity to the area. Additionally sewer line m extension will make County sewer available to 7 commercial parcels on Golden Gate Parkway that are currently o L undeveloped or using septic drain -fields. It will also allow 8 small multi -family building on 27th Place SW to connect to a County Sewer and eliminate drain -fields. Y a Identify any proposed tenants of the project. Have leases been negotiated or signed? What type of lease is contemplated? 04 Pikus Properties will occupy one of the 5 office suites on the 2nd floor. A second office suite will be occupied by Golden Gate Executive Suites (controlled by the developer) which will lease individual offices to sole proprietors and start-up N businesses. N Who will own the developed property? How much of the property is intended to be sold after development is complete? Who will manage the property during the life of the Redevelopment Plan and project? The developer will retain ownership of the property long-term, the property is not intended to be sold in part or whole. Pikus Properties will manage the project. Briefly describe the "economic and quality of life" benefits of the proposed project to the County. This high -end mixed use building designed by MHK Architecture would be the first of it's kind in Golden Gate City and would be a catalyst for further thoughtful development in the area. The small office and retail spaces would be ideally suited to local start-up businesses and the premier restaurant space would create jobs and attract a quality restaurant operator to and underserved area. The proposed sewer line extension would not only benefit this project, it would benefit all of the developed and undeveloped parcels in between the existing sewer main and the CENTRO project. Ideally this would spur further developments of it's kind in the neighborhood. Attach a letter from a reputable financial institution indicating that the applicant has sufficient financial resources to obtain the private financing for the project. Include a signed cover letter from the applicant's CEO. 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