Backup Documents 02/27/2018 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP 1 6 Al 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routin:lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office
'b\2.$\\%
4. BCC Office Board of County �S
Commissioners / 42:z1Vcio
5. Minutes and Records Clerk of Court's Office
1)11) *fiN
7
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Diane Lynch Road Maintenance Phone Number 252-5820
Contact/ Department
Agenda Date Item was 2/27/18 Agenda Item Number 16Al2
Approved by the BCC
Type of Document SFWMD SR29 Agreement 4600003787 Number of Original 1
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
Please email a signed copy to Diane Lynch,Road Maintenance 252-5820
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? dml
2. Does the document need to be sent to another agency for additional signatures? If yes, dml
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. 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 dml
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's dml
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the dml
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's dml
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip dml
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2/27/18 and all changes made during the dml
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th• dml
BCC,all changes directed by the BCC have been made,and the document is ready fo the 31-1K
Chairman's signature. NNC
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: February 28, 2018
To: Diane Lynch, Operations Supervisor
Road Maintenance Department
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: SFWMD SR 29 Agreement #4600003787
Attached is one (1) scanned copy of the original agreement referenced above, (Item
#16Al2) approved by the Board of County Commissioners on Tuesday, February 27,
2018.
Please forward a copy of the fully executed document once signed by the
SFWMD Board.
The original will be kept by the Board's Minutes & Records Department as part of
the Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
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PO NO. 950000
rJ`r`�
� SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600003787
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
THIS AGREEMENT is entered into as of this z'14-4, day of& , 2018 by and
between the South Florida Water Management District (hereinafter referred to as ` ISTRICT")
and Collier County (hereinafter referred to as "COUNTY"), a political subdivision of the State
of Florida.
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes; and
WHEREAS, DISTRICT desires to provide financial assistance to COUNTY for
Maintenance and Operation of State Road 29(SR-29) Canal (a/k/a"Barron River Canal"); and
WHEREAS, COUNTY warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT, at its meeting held on March 8,
2018 approved entering into this AGREEMENT with COUNTY.
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
mutually acknowledged,the parties agree as follows:
1. DISTRICT agrees to contribute funds and COUNTY agrees to perform the work set
forth in the Statement of Work attached hereto as Exhibit "A" and made a part hereof,
subject to availability of funds and in accordance with their respective authorities for the
Maintenance and Operation of SR-29 Canal (a/k/a"Barron River Canal").
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of five year(s).
16 Al2
3. The total DISTRICT contribution will be 50% of COUNTY'S cost to maintain the canal
but shall not exceed the amount of$62,500 per DISTRICT fiscal year. DISTRICT shall
make payment upon completion and acceptance of invoices. DISTRICT's payment is a
reimbursement of actual expenditures and therefore is subject to adequate documentation
to support actual expenditures. Absence of proper documentation may result in non-payment
or audit and return of prior payments. In no event shall DISTRICT be liable for any
contribution hereunder in excess of$62,500 per year.
4. If the total consideration for this AGREEMENT is subject to multi-year funding
allocations, funding for each applicable fiscal year of this AGREEMENT will be subject
to Governing Board budgetary appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year,this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. DISTRICT will notify COUNTY in writing after the
adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not
approved for this AGREEMENT.
5. All work to be performed under this AGREEMENT is set forth in the "Statement of
Work" (Exhibit "A") which is attached hereto and made a part of this AGREEMENT.
COUNTY shall submit an annual report detailing the status of work. The work specified
in Exhibit "A" shall be under the direction of COUNTY but shall be open to periodic
review and inspection by either party. No work set forth in Exhibit "A" shall be
performed beyond five years unless authorized through execution of a written
amendment to this AGREEMENT to cover succeeding periods.
6. DISTRICT assigns to COUNTY, and COUNTY hereby assumes, all interests and
obligations of the DISTRICT under the DISTRICT's Maintenance Easement
Agreement with the Florida Department of Transportation, dated August 20, 2001,
attached hereto as Exhibit"B."
7. COUNTY is hereby authorized to contract with third parties (subcontracts) for services
awarded through a competitive process required by Florida Statutes. COUNTY shall not
subcontract, assign or transfer any other work under this AGREEMENT without the
prior written consent of DISTRICT's Project Manager. COUNTY agrees to be
responsible for the fulfillment of all work elements included in any subcontract and
agrees to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by COUNTY that DISTRICT shall not be liable to any
subcontractor for any expenses or liabilities incurred under the subcontract(s).
8. COUNTY, to the extent permitted by law, assumes any and all risks of personal injury,
bodily injury and property damage attributable to negligent acts or omissions of
COUNTY and the officers, employees, servants and agents thereof. COUNTY
represents that it is self-funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to COUNTY, its officers and employees while acting within the scope of their
employment during performance of under this AGREEMENT. In the event that
COUNTY subcontracts any part or all of the work hereunder to any third party,
COUNTY shall require each and every subcontractor to name DISTRICT as an
additional insured on all insurance policies as required by COUNTY. Any contract
awarded by COUNTY shall include a provision whereby COUNTY's subcontractors
Page 2 of 6,Agreement No.4600003787
16 At 2
agree to indemnify, pay on behalf, and hold DISTRICT harmless from all damages
arising in connection with COUNTY's subcontract(s).
9. COUNTY and DISTRICT further agree that nothing contained herein shall be construed
or interpreted as (1)denying to either party any remedy or defense available to such party
under the laws of the State of Florida; (2) the consent of the State of Florida or its agents
and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.28, Florida Statutes.
10. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between DISTRICT,
COUNTY, their employees, agents, subcontractors and/or assigns, during or after the
term of this AGREEMENT. The parties to this AGREEMENT shall not assign,
delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
11. The parties to this AGREEMENT will not discriminate against any person on legally
protected bases in any activity under this AGREEMENT.
12. COUNTY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this
AGREEMENT. DISTRICT undertakes no duty to ensure such compliance, but will
attempt to advise COUNTY, upon request, as to any such laws of which it has present
knowledge.
13. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by COUNTY for authorized work performed through the termination
date shall be returned to DISTRICT within sixty (60)days of termination.
14. COUNTY shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119, Florida Statutes. Should COUNTY assert any
exemptions to the requirements of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall
be upon COUNTY.
15. COUNTY shall maintain records and DISTRICT shall have inspection and audit rights
below. COUNTY shall similarly require each subcontractor to maintain and allow access to
such records for audit purposes:
A. Maintenance of Records: COUNTY shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of this
AGREEMENT including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for inspection
for a period of five (5)years from the expiration date of this AGREEMENT.
B. Examination of Records: DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
Page 3 of 6,Agreement No.4600003787
16Al2
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5)years from the expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance under this AGREEMENT, COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
16. Whenever DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 15
above, require each subcontractor to maintain and allow access to such records in
compliance with the requirements of the Florida State Single Audit Act and the Federal
Single Audit Act.
17. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District Collier County
Attn:Lisa Koehler,Basin Administrator Attn:Tim Gard,Superintendent
Attn: Sharman Rose,Contract Specialist Attn:Melissa Pearson,Contract Specialist
3301 Gun Club Road Address:4800 Davis Blvd,
West Palm Beach,FL 33406 Naples FL 34104
Telephone No.(561)682-2167 Telephone No.(239)252-8924
Email srose@sfwmd.gov Email:roadmaintenance@colliergov.net
18. COUNTY shall send its invoices and any attachments to APInvoiceid,sfwmd.2ov and a
copy to DISTRICT Project Manager. All invoices must reference COUNTY's legal
name as authorized to do business with the State of Florida; DISTRICT'S
AGREEMENT Number and Purchase Order (PO) Number as specified on the
cover/signature page of the AGREEMENT; a unique invoice number not previously
used; date; a description of the services performed, and the amount to be invoiced.
COUNTY shall: 1) submit invoices using a pdf file at a resolution of no less than 300
dpi; 2) name the pdf file with COUNTY's name and the PO number; 3) provide all
required attachments with the annual invoice and report , and 4)include the PO number and
Invoice number in the subject line of the email. If email or pdf filing is not possible,
COUNTY must provide the above to the following address:
South Florida Water Management District
Accounts Payable
P.O. Box 24682
West Palm Beach, FL 33416-4682
COUNTY must submit its invoices in compliance with the requirements of this
subsection and all other terms and conditions of this AGREEMENT in order to receive
prompt payment by DISTRICT as described in Section 218.70, F.S. COUNTY's failure
to follow the instructions set forth in the AGREEMENT regarding a proper invoice and
acceptable services and/or deliverables may result in an unavoidable delay in payment by
DISTRICT.
Page 4 of 6,Agreement No.4600003787
16Al2
19. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties,their respective assigns,and successors in interest.
20. This AGREEMENT may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any
signatory hereon shall be considered for all purposes as original.
21. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. Either party to this Agreement may initiate amendments to this
AGREEMENT,
22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, COUNTY or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
24. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective
unless in writing and signed by the party against whom enforcement is sought. Such waiver
shall be limited to provisions of this AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. No waiver shall constitute a
continuing waiver unless the writing states otherwise.
25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories,or their designees, shall be the disposition of such dispute.
26. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —26
Page 5 of 6,Agreement No.4600003787
1 6 A 1 2
(b) Exhibit"A"Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT BY ITS
GOVERNING BOARD
By:
Ernie Marks, Executive Director
By:
Dorothy A. Bradshaw, Director
Administrative Services Division
SFWMD P';; RI�ErNT APPROVED
By: OMB
Date:
SFWMD OFFICE OF COUNSEL
APPROVED S TO LEGAL FORM
By: Co�------
Date: VVVV D____L____-0,""/•6
gni^0
ATTF:St: BOARD OF :UNTY COM i SIONERS
DWIGHT E. BRO ;:Clerk COLLIE ' 0 ' Y,FL 1/". .
.„ _
��s
U. - leo: a ►' By: 4-
S' Andrew Solis, Chairman
Attes as to Chairman's .
signature only.
f 1, if
Approved fs tcform and legality
Jeffrey A. Klatt ow,County Attorney
Page 6 of 6,Agreement No.4600003787
16Al2
EXHIBIT"A"
STATEMENT OF WORK
MAINTENANCE AND OPERATION OF SR 29 CANAL
(AKA BARRON RIVER CANAL)
A. INTRODUCTIONBACKGROUND
The Barron Canal (SR29 Canal) was excavated in the 1920's to provide fill for the former
railroad and then SR29. Over time, the canal became an important drainage outfall for
Immokalee and many agricultural lands. It is mostly privately owned but Collier County
(County) has obtained the necessary easements for the operation and maintenance of the canal.
In the mid 1980's the County maintained the canal and then the State of Florida (State) took it
over in the early 2000's. In 2013, it was determined that the State nor the County had legal
ownership/access and all maintenance ceased on the canal north of I-75. Over the last few
years, the excessive growth of vegetation has created serious concerns and situations for the
adjacent land owners and Immokalee. The County has agreed to lead a joint multi-agency
maintenance plan between the Big Cypress Basin, thru the South Florida Water Management
District(District) and the County.
B. OBJECTIVE
This is a cost-share project between the County as the implementing agency and the District.
The purpose of this agreement is to provide funding to the County for the operation and
maintenance of the SR 29 canal from Immokalee south to US 41. The total estimated annual
maintenance costs are $125,000 and the Big Cypress Basin will cost share 50% or in an amount
not to exceed $62,500 annually, whichever is less.
C. SCOPE OF WORK
The scope of this cooperative agreement involves the County providing and performing
operation of structures and maintenance on the SR 29 canal. This maintenance may include but
is not limited to operation of structures as well as mechanical dredging as needed, herbicide
application, clearing and mowing of banks and slopes and the installation of a maintenance
pathway.
Page 1 of 1,Exhibit A,Statement of Work,Agreement No.4600003787
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EXHIBIT "B" RSCOVED
This instrument prepared by tkt f' 1 6 2001
Brian L. Toune, Real Property Management BIG��,,,�ESS BASIN
Florida Department of Transportation , NAPLES
P.O. Box 1249
Bartow, Florida 33831-1249 —
FM/ : N/A $
SECTION/JOB : 0308-Proj. 5200 i 3090"
FAP# : N/A a N
COUNTY : Collier
STATE ROAD : Formerly Road 164) 3610
PARCEL : 160 (part)
111
MAINTENANCE EASEMENT
THIS MADITEM J CE EASEMENT made this 20 /2V day of ...
4 u.GLL i s , 2001 between the State of Florida, Department of •'
Transportation whose ?
� post office address is P.O. Box 1249, Barton,
Florida 33831, as GRANTOR and The South Florida Water Management w
District whose post office address is 3301 Gun Club Road, West Palm . oo
Beach, Florida 33406, as GRANTEE. c-+
t• `o
NITNESSETH �
THAT GRANTOR in consideration of the sum of Ten Dollars !I ev
($10.00) and other good and valuable consideration, receipt ofaro
rao
which is hereby acknowledged, hereby grants unto GRANTEE, it 1:•F+
successors and assigns, a maintenance easement for the purpose of 8 010
G
canal maintenance on property located in Collier County, Florida
said property being more particularly described in Exhibit "A" .a
attached hereto and made a part hereof by reference. w,
oa
SEE EXHIBIT "A" oe
P
a term of GRANTOR does hereby grant unto Grantee said easement fob e lig
years beginning p p eOr-J and ending o - /4 - 2L
GRANTOR or GRANTEE reserves the right to terminate said easement by "'..m
2e day advance written notice to the other party.
GRANTOR herein agrees that absolute maintenance of
described lands shall be the sole responsibility of GRANTEE, it'sig g igg
heirs, successors or assigns.
This Easement is granted upon condition that any work
performed upon the above described land shall conform to all
existing structural improvements within the limits designated and
all work will be performed in such a manner that the existing
structural improvement will not be damaged.
Page 1
Page 1 of 3, Exhibit B
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IN WITNESS WHEREOF, GRANTOR has executed this document of
the date first above written.
Signed, Sealed and delivered GRANTOR
in the presence of:
WITNESSES: STATE OF FLORIDA
DEPARTMENT OF 1 4PORTATION
�f A /n� BY: V
Original Signature Davidt......„,
ddy, P.E.
4r4:Ii
'T ,./ n� y,,,C doDistr Secret
jjiltta Wane (•Ct 9 j
Attest: G 4.4:(i.• 4i �1�.� f .
Or na S gnat re Printed nam a to •11)%f'r
Loa rnha. 4.1Sue Kc
Typed/Printed Name
DEPARTMENT
SEAL
til At
STATE OF /I c,
COUNTY OF ..
The foregoing inst penit,.waass acknowledged befisfe )$ this up
44ay of rG'" � i, by ~
+LN d
Niu 4. 714h1).0y who issonally known-)o me.
My Commission Expires: ,L -
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.At
MUM.Du EL ry Public, state of nor a op
•''�, No1My Pu*Mc.Stets o FIoA I
NOTARY STAN: '"•r 'I W comm.*tgra AuQ 2�. I/ /SOn �^ El K G
sr^� Comm.No.CC8781
ted, Typed or Stamped'Name
Approved as to foss and legality
7
'...5e.f.
9440640
Attorney for/ the sts,4.5P/`
Department of Transportation
Page 2 of 3, Exhibit B
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FP NO. N/A
SECTION 0308-PROJ. 5200 6 3090
PARCEL 160 (PART)
PERPETUAL MAINTENANCE EASEMENT
An existing canal lying in a portion of Section 5, Township 50
South, Range 30 East south of the right of way for State Road 93
(I-75) per Section 03075-2404 and lying in a portion of Sections
8, 17, 20, 29 and 32, Township 50 South, Range 30 East, Collier
County, Florida, being more particularly described as follows:
The east 45 feet more or less of the following described lands
A strip of land 65 feet wide, more or less, over through and
across Section 5, Township 50 South, Range 30 East, south of
State Road 93 (I-75) right of way and over, through and across
Sections 8, 17, 20, 29 and 32, Township 50 South, Range 30 East,
said 65 foot strip being bounded on the west by the easterly
right of way line of the CSX Transportation Inc. Railroad and
bounded on the east by the east bank of an existing canal.
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Leg y, ipptiion A ro ed by:
Wi am•[Er. Ray P.L.S. +!37
Date•. % 04-25 oI
NOtT IT ,IA UNLESS EMBOSSED
s
62
EXHIBIT "A"
Page 1
Page 3 of 3, Exhibit B