Parcel 101FEE
Project: 60091 - Santa Barbara Blvd. Extn.
Parcel: 101 FEE
Folio: 00419320009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (her,inafter {eferred to as the "Agreement") is
made and entered into this 'L7-#<-day of ~'(JVe.N<..l:Jt?-r , 20{}2, by and between
SHEPHERD OF THE GLADES lUTHERAN CHURCH, INC., a Florida corporation,
whose mailing address is 6020 Rattlesnake Hammock Rd, Naples, Florida 34113-2913
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of:
$2,750.00
subject to the apportionment and distribution of proceeds pursuant to
Paragraph 8 of this Agreement (said transaction hereinafter referred to as the
"Closing"). Said payment to Owner, payable by County Warrant, shall be full
compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to
cure, including but not limited to the cost to relocate the existing irrigation
system and other improvements, and the cost to cut and cap irrigation lines
extending into the Property, and to remove all sprinkler valves and related
electrical wiring, and all other damages in connection with conveyance of said
Property to Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. Prior to the Closing, Owner shall obtain from the holders of any liens,
exceptions and/or qualifications encumbering the Property, the execution of
such instruments which will remove or release such encumbrances from the
Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing. Owner shall convey a marketable title free of any
liens, encumbrances, exceptions, or qualifications. Marketable title shall be
determined according to the applicable title standards adopted by the Florida
Bar and in accordance with law. Owner shall cause to be delivered to
Purchaser the items specified herein and the following documents and
Page 2
instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents"):
(a) Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within ninety (90) days from the date of
execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, payment shall be made to
Owner in that amount shown on the Closing Statement as "Net Cash to Seller,"
and Owner shall deliver the Closing Documents to Purchaser in a form
acceptable to Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
5. Owner and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
obligation on the part of Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property, without first
obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
Page 3
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the Property to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and
not to do any act or omit to perform any act which would adversely affect
the physical condition of the Property or its intended use by Purchaser.
(h) The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or
transferred on the Property except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity
of the Property to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or
fines incurred by or asserted against the Purchaser by reason or arising out of
the breach of any of Owner's representations under paragraph 6(h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder
or other encumbrance-holder for the protection of its security interest or as
consideration for the execution of any release, subordination or satisfaction,
shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Property is acquired under threat of condemnation.
9. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax with due allowance made for maximum allowable discount,
Page 4
homestead and any other applicable exemptions and paid by Owner. If
Closing occurs at a date when the current year's millage is not fixed, taxes will
be prorated based upon such prior year's millage.
10. This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
11. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before the Property held in such capacity is
conveyed to Purchaser, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
12. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
14. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: 1/ J 27 /ZID1
1. I
.,' C'iif)r..
ATTE"'T,.......... .,,~
DWIG~rE.' BROCk. Clerk
~~,f#~ h-c
'c" Deputy Clerk
Attest IS to C~lnaIA ,
s i \If'llturt Oft I "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAM
Page 5
AS TO OWNER:
DATED: /8 A~v ';}O()r
AA, ac~ eetL~
Witness (Signature)
12'<C. v, II r Tit Ur 0> !;".,...s C~
Name (Print or Type)
SHEPHERD OF THE GLADES
LUTHERAN CHURCH, INC.
BY: /1uA.olt Qf x1:t~
HARLO G. PETERSON,
CONGREGATIONAL PRESIDENT
~ ~ .
^-~
Witnes~( Ign lure)
l-x"lon> ~-S. f;)l,es '"'-
Name (Print or Type)
Approved as to form and
legalrffi~ien~y: ,
-1-yL, oL I; (/fO
Heidi F.'Ashton-Cicko
Assistant County Attorney
PARCEL NO. 101 FEE
PROPERTY OWNER: SHEPHERD OF THE GLADES
LUTHERAN CHURCH INC.
REFERENCE: O.R. 623. PC. 388
FOLIO NO.: 00419320009
AREA OF TAKE: 384 SQ. FT.
AREA OF REMAINDER: 4.67 ACRES '"
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OR. 1354, PG. 1920
FOLIO NO. 00423920000
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SOUTH LINE OF SOUTHEAST OUARTER
SECTION 17, T)I,p. 60 S., RGE:. 26 E. \ 8
- . -so 89".?41JQTY 26,Jtiogr- . T' 6'
NORTH LINE OF NORTHEAST QUARTERJ g
seC710N 20, TnP. 50 S., RGE:. 26 E'.
SOUTH QUARTER CORNER
SECTION 16, T 50 S, R 26 E
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R.O.W. = RIGHT-OF-WAY
P.D.C. = POINT OF COMMENCMENT
P.O.B. = POINT OF BEGINNING
THIS LEGAL DESCRIPTION AND SKETCH PREPARED
BY:
LEGAL DESCRIPTION AND SI<ETCHSH~OF 2
DESCRIPTION: PARCEL 101 FEE "-~----:.:. .:' .
CLIENT: COLLIER COUNTY TRANSPOR~, ISION
4/10/07 GNOll, R.S.M. NO. 5335
80' DATE: FEB. 78 7007
A BY: JAN PROJECT NO.: 05-0081
o NO: 9679-SD38 FILE NO: 9679
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...... RUNDAGE,lNc.
Protel'lsional engineers, planners. & land l!Iurveyors Fu, {23g)~1I11-2203
COWer C01.W.t,y: Suite 200, UOO Ta.m.Iua..i Tnt!, North; N_p101, FL 34.108 (23i1)5117-3111
1.6e County: ill/liD Cooonut &.4, SuIte 103; Bol1.\1& Sprm,I, YL SH311 (2311)15117-3111
Certltloate ot A.IlULOriUUOll Nlll. LB 301I' and .E:B 1I1111' Fu.: (Z311}t.1I8-2126
.
.
,
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 101 FEE
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE NORTH 00'03'07" WEST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 50.00 FEU;
THENCE LEA VING SAID WEST LINE SOUTH 89'14'45" EAST A DISTANCE OF
67.51 FEU; THENCE NORTH 00'03'07" WEST A DISTANCE OF 17.50 FEU
TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF POLLY
A VENUE AND THE NORTHERL Y RIGHT-OF-WA Y LINE OF RA TTLESNAKE
HAMMOCK ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED;
THENCE CONTINUING NORTH 00"03'07" WEST ALONG SAID EAST
RIGHT-OF-WAY LINE A DISTANCE OF 27.44 FEU;
THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE SOUTH 45"14'13" EAST
A DISTANCE OF 39.49 FEU TO AN INTERSECTION WITH THE NORTH
RIGHT-OF-WA Y LINE OF RA TTLESNAKE HAMMOCK ROAD;
THENCE NORTH 89'14'45" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE
A DISTANCE OF 28.02 FEU TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
CONTAINING 384 SQUARE FEU OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT
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====:UARBER &
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...... RUNDAGE,mc.
Professional engineers, planners, .& land surveyors Fa.z: (231l)l!iea-2203
CoWer CoUlltr- Sui"," 200, "1.(.00 Tam.lam.1 Trllil, North: N&pla, FL $U08 (2311)11111-3111
Le. COUlltr: 1111110 COOOD,ut 11o.d, SlUt.. 103; Boll1t& Sprt.n,cl, FL :H.131l (230)11111-:11111
CerUtlc..te 01 J.u!.honuUOD. NOI. LD 511lU and ED 3<<111' lUl (2311~H-27211
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THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
LEGAL DESCRIPTION AND
DESCRIPTION: PARCEL 101 FEE
CLIENT: COLLIER COU Y TRANSPO ", IONDI'VI~IO~::'
"'-. .,.,,-.'
D. AG~OLI;.R.S;,M' <No'. 5335
N. T.S. DATE:. FER. 28 2007
DR N BY: JAN PROJECT NO.: 05-0081
AD NO: 9629-SD38 FILE NO: 9629
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to lhe Board Office. The completed routing slip and original
documents are to he forwarded to the Board Office only .!!f!y the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion of the Chairman's si alUfe, draw a line Ihrou h rautin lines #1 throu h #4, com !cte the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials D
(List in routio order)
1.
2.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature an.' to he delivered to the Bee office only after the Bee has acted to approve the
item.)
3.
Name of Primary Staff Rebecca Harding Phone Number 252-5805
Contact
Agenda Date Item was 3/28/2006 Agenda Item Number 10D
Aooroved bv the BCC
Type of Document Temp, Construction Easement Agreement Number of Original 2
Attached & Purchase Agreement Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on . (enter date) and all changes
made during the meeting have been incorporated i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable,
PIeCJ5e-- 5~-O,^--l.u1u{er (p 00 11- it) I FeE' I~L -IAe 15m{ r,?e~ ;;/de r;
I: Forms! County Forms} BCC Formsl Original Documents Routing Slip WWS Origmal Y.0:1.04. Revised 1.2605. ReVIsed 2.24.1)) T t<Y- 1
4, Heidi Ashton-Cicko
Office of the County Attorney
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
INSTRUCTIONS & CHECKLIST
1.
2.
3.
4.
5.
6.
Yes
(Initial)
N/A(Not
A licable)
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