Agenda 04/27/2021 Item #16A 1 (Resolution; private roadway & drainage improvements)16.A.1
04/27/2021
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Chatham Woods, Application Number PL20150002912, and
authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On October 16, 2018, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Chatham Woods.
2) The roadway and drainage improvements will be maintained by the Chatham Woods
Homeowners Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on March 4, 2021
and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared by staff and approved by the County
Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land
Development Code. A copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Chatham
Woods Homeowners Association. The existing security in the amount of $244,595.08 will be released
upon Board approval. The original security in the amount of $378,954 has been reduced to the current
amount based on the previous work performed and completed and pursuant to the terms of the
Construction, Maintenance and Escrow Agreement dated April 12, 2017.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Chatham Woods, Application Number PL20150002912, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution - 031221 (PDF)
4. Plat Map (PDF)
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16.A.1
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doe ID: 15314
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Chatham Woods, Application Number
PL20150002912, and authorize the release of the maintenance security.
Meeting Date: 04/27/2021
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
03/15/2021 9:16 AM
Submitted by:
Title: Director — Growth Management Department
Name: Matthew McLean
03/15/2021 9:16 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Department Jeanne Marcella Level 1 Reviewer
Growth Management Development Review
Brett Rosenblum
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Department
Matthew McLean
Additional Reviewer
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Growth Management Department
Jeanne Marcella
Department Head Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Additional Reviewer Completed
Completed
03/16/2021 12:40 PM
Additional Reviewer
Completed
Completed
03/29/2021 9:23 AM
Completed
03/29/2021 9:38 AM
Completed
03/29/2021 9:41 AM
Completed
03/29/2021 11:39 AM
Completed
03/29/2021 12:01 PM
Completed
03/30/2021 9:11 AM
Completed
04/14/2021 9:22 AM
Completed
04/15/2021 11:53 AM
04/27/2021 9:00 AM
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16.A.1.a
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CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this 12th day of April, 2017 by CHATHAM WOODS
DEVELOPMENT LLC (hereinafter "Developer"), THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and
ENCORE BANK, A FLORIDA BANKING CORPORATION (hereinafter "Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as: Chatham Woods.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared
by Bonness, Inc, a copy of which is attached hereto and incorporated herein as Exhibit 1.
For purposes of this Agreement, the "Required Improvements" are limited to those
described in the Estimate.
C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code requires the Developer to provide appropriate
guarantees for the construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated March
10, 2016, Account No. 0600005017 (the "Construction Loan") to fund the cost of the
Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required
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to guarantee pursuant to this Agreement is 378 954 and this amount represents 110% of
the Developer's engineer's estimate of the construction costs for the Required
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Improvements.
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NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree
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as follows:
a
1. Developer will cause the water, sewer, roads, drainage and like facilities, the
Required Improvements, to be constructed pursuant to specifications that have been
approved by the County Manager or his designee within 6 months from the date of
approval of said subdivision plat.
2. Developer hereby authorizes Lender to hold $378,954 from the Construction Loan, in
escrow, pursuant to the terms of this Agreement.
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16.A.1. b
3. Lender agrees to hold in escrow $378,954 from the Construction Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement
shall not constitute a draw against the Construction Loan fund, but that only such funds
as are actually disbursed, whether pursuant to this Agreement or a provision of the
Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval of
the County Manager or his designee who shall approve the release of the funds on deposit
not more than once a month to the Developer, in amounts due for work done to date
based on the percentage completion of the work multiplied by the respective work costs
less ten percent (10%); and further, that upon completion of the work, the County
Manager or his designee shall approve the release of any remainder of escrowed funds
except to the extent of $34,450 which shall remain in escrow as a Developer guaranty of
maintenance of the Required Improvements for a minimum period of one (1) year
pursuant to Paragraph 10 of the Agreement.
However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Lender agrees to pay to the County immediately upon demand the
balance of the funds held in escrow by the Lender, as of the date of the demand, provided
that upon payment of such balance to the County, the County will have executed and
delivered to the Lender in exchange for such funds a statement to be signed by the
County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has
failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above -mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above -mentioned
development work; and
(d) The County will promptly repay to the Lender any portion of the funds drawn down
and not expended in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be paid to
the Developer shall constitute authorization by the County to the Lender for release of
only those specified funds to the Developer. Payment by the Lender to the Developer of
the amounts specified in a letter of authorization by the County to the Lender shall
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16.A.1. b
constitute a release by the County and Developer of the Lender for the specified funds
disbursed in accordance with the letter of authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval until a
statement of substantial completion by Developer's engineer along with the final project
records have been furnished to be reviewed and approved by the County Manager or his
designee for compliance with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the Required
Improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, after duly considering the public interest, may at its option
complete the Required Improvements and resort to any and all legal remedies against the
Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than those
placed in deposit by the Developer in accordance with the foregoing provision; provided,
that the Lender does not release any monies to the Developer or to any other person
except as stated in this Escrow Agreement to include closing the account, or disbursing
any funds from the account without first requesting and receiving written approval from
the County.
10. The Developer shall maintain all Required Improvement for one year after
preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer and upon submission of a written request for
inspection, the County Manager or his designee shall inspect the Required Improvements
and, if found to be still in compliance with the Code as reflected by final approval by the
Board, the Lender's responsibility to the Board under this Agreement is terminated. The
Developer's responsibility for maintenance of the Required Improvements shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding
upon the respective successors and assigns of the Developer and the Lender.
IN WITNESS WHEREOF, the Board, Developer, and Lender have caused this
Agreement to be executed by their duly authorized representatives this 12th day of April,
2017.
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16.A.1.b
SIGNED IN THE PRESENCE OF: ENCORE BANK, A FLORIDA BANKING
II CORPO TION
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Printed Name l7 tnQ rord Patrick K. Miller
Senior Vice President
Printed Name C (,L ue G C
ATTEST: `
Encore Bank, A Florida Banking Corporation
Brian F. Avril
Executive Vice President
Chief Financial Officer
IN TgE PRESENCE OF: DEVELOPER
Chatham oods o LLC
By:
Stephen L. Pe16, Managing Member
Printed a
DWIGHT E. BROCK, CLERK
BOARD CO TY COMMI IONERS OF
COLLI TY, FLORID
By. st to C
Deputy Clerk
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PENNY TAYLO 1GtHAIRMAN
Ap roved as to form and lega : ��•
S L� ti . J+fin L
Assistant County Attorney
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Packet Pg. 454
16.A.1.b
and Slterroft Contrnctors
itPaving
lqW Smard AvCnlle
Naples. Fk)rlda 34lot)
(239) 597-6221 • BU (2;)) 597-74 Ui
V7Ww lxmnesslnc,ront
Proposal 3/6/2017
Submitted To: ARCS Investments, LLC
Estimate Number:
125622017
Address:
2244 Trade Center Way
Bid Title:
Chatham Woods - CONTRACT
Naples, FL 34109
in
Project Location:
Johnnycake Drive
0
0
Contact:
Steve Peel
Project City, State:
Naples, FL
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Phone:
(239) 571-5005 Fax:
Engineer/Architect:
Butler Engineering, Inc.
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Thank You for Considering Bonness Inc.
Item #
Item Description
Estimated Quantity Unit
Unit Price
Total Price
U
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SITEWORK
Q
01
Mobilization
1.00 LS
$5,123.86
$5,123.86
02
Maintenance Of Traffic
1.00 LS
$740.61
$740.61
Q
03
Removal Of Existing Asphalt Cul-De-Sac
1.00 EACH
$1,440.74
$1,440.74
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04
Cut Fill
710.00 CY
$5.40
$3,834.00
ii
05
Import Fill (For Road Way Only) (No Berms Or
Lots 1,310.00 CY
$13.00
$17,030.00
Included)
06
Final Grade
1.00 LS
$17,975.47
$17,975.47
LO
Z.
Total Price for above SITEWORK Items:
$46,144.68
A
.y
PAVING
m
07
Prep Subgrade
2,190.00 SY
$1.56
$3,416.40
08
6" Limerock Base
2,085.00 SY
$11.20
$23,352.00
0
09
1-1/2" S-III Asphalt (One Lift)
1,985.00 SY
$9.25
$18,361.25
10
2' Valley Gutter
735.00 LF
$10.25
$7,533.75
0
m
11
Type"A" Curb
160.00 LF
$10.95
$1,752.00
E
12
Flume
4.00 EACH
$1,281.81
$5,127.24
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Total Price for above
PAVING Items:
$59,542.64
SANITARY
SEWER
13
Connect To Existing Sewer
1.00 EACH
$1,228.18
$1,228.18
14
08" SDR-26 (6-8") Pipe
460.00 LF
$32.57
$14,982.20
15
Manhole (6'-8')
3.00 EACH
$5,742.47
$17,227.41
16
Sewer Lateral 6"
250.00 LF
$14.97
$3,742.50
17
Double Sewer Clean Out 6"
6.00 EACH
$592.93
$3,557.58
WATER SERVICg
Total Price for above SANITARY SEWER Items:
$40,737.87
18
Connect To Existing 8" Blow -Off
2.00 EACH
$4,160.05
$8,320.10
3/8/2017 7:30:27 AM
Page 1 of 3
Packet Pg. 455
16.A.1.b
Item #
Item Description
Estimated Quantity
Unit
Unit Price
Total Price
19
8" DR-18 (Water)
640.00
LF
$23.53
$15,059.20
20
8" DR-14 (Water & IRR)
200.00
LF
$25.86
$5,172.00
21
4" PVC Conduit
320.00
LF
$11.57
$3,702.40
22
1-1/2" Polly Water Line
180.00
LF
$8.16
$1,468.80
23
Meter Service
12.00
EACH
$736.14
$8,833.68
24
Fire Hyd.
2.00
EACH
$4,436.87
$8,873.74
25
A.R.V. Assy.
1.00
EACH
$1,778.43
$1,778.43
26
Perm. Bact Sample
1.00
EACH
$1,627.76
$1,627.76
27
Temp. Bact Sample
2.00
EACH
$312.35
$624.70
28
Blow Off Assembly
1.00
EACH
$2,214.02
$2,214.02
29
Auto Flushing Device
1.00
EACH
$4,281.02
$4,281.02
30
Testing
1.00
LS
$1,998.96
$1,998.96
Total Price for above WATER SERVICE Items:
$63,954.81
STORM
SYSTEM
31
15" ADS N-12 (HDPE)
917.00
LF
$27.97
$25,648.49
32
18" ADS N-12 (HDPE)
220.00
LF
$31.22
$6,868.40
33
15" RCP
31.00
LF
$31.60
$979.60
34
18" RCP
26.00
LF
$43.26
$1,124.76
35
Miter End Section 18"
1.00
EACH
$1,067.24
$1,067.24
36
Inlet Type C
6.00
EACH
$1,834.30
$11,005.80
37
Throat Inlet
2.00
EACH
$2,993.64
$5,987.28
38
Control Structure
1.00
EACH
$3,374.95
$3,374.95
39
Yard Drain
11.00
EACH
$797.94
$8,777.34
Total Price for above STORM SYSTEM Items: $64,833.86
Total Bid Price: $275,213.86
r
Notes: • Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side, we agree to furnish
materials and labor at the price(s) set forth above. 77
• The above breakout of listed items are for comparison purposes only. This is a Lump Sum proposal. )
• Bonding is not included.
• Proposal based on the plans by Butler Engineering, Inc. Pages 1 thru B. Dated 1.23.2006. All pages last revised on 7.25,06. m
• Permits, fees, layout, survey, asbuilts and testing by others. -a
• Due to critical nature of escalating material costs; asphalt and concrete pricing is subject to change. Should this situation p
arise, Bonness Inc. will provide documentation of material adjustment(s). m
• Any deviation of contracted work will require a signed change order. Work related to the change order will not be completed
until signed by the project manager.
• Bonness Inc. is not responsible for asphalt damages caused by others.
• Private utility locates to be completed prior to construction and is not included in the above proposal.
• Fill quantities are based upon the topo provided. Q
• Removal and/or replacement of unsuitable materials (I.e. rock and/or muck) below grade is not included. No soil borings
provided.
• A one time final grade has been included. Final grade does not include the raking or removal of other trades debris or
regrading after trenching by others has been performed; I.E. Sprint, FPL, CATV or irrigation.
• Pavement markings and signage not included in this proposal.
• Landscaping, sod and seed by others.
• Temporary water meters by others.
• Bonness Inc, is not responsible for utilities not shown.
• If a 6" construction gap is required for temporary fire Flow add $6,500 to this proposal.
• Connection to Utilities is based on connection point at 4' depth or less, additional charges could apply if connection point is
greater than 4'.
Water meters, conduits & tamper switches by others.
• Gopher Tortoise relocation and permits by others.
3/8/2017 7:30:27 AM
Page 2 of 3
Packet Pg. 456
16.A.1.b
• Cul-Der-Sac removal and replacement not included in this proposal. Any work outside the limits of disturbance not included in
this proposal.
• Tie in for sanitary sewer to stop at property line only.
The above proposal is for listed items only.
Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner
Steve
Peel
Digitally signed by Steve Peel
DN: cn=Steve Peel, o=Arcs
Investments, LLC dba
Gulfstream Homes OR ARCS
Construction LLC, ou,
email=speel@arcs-gh.com,
c=uS
Date: 2017.03.08 08:48:55
-05'00'
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer
Signature:
Date of Acceptance:
3/8/2017 7:30:27 AM
Q
CONFIRMED:
Bonness Inc.
Authorized
Signature:
�t�rr/
Estimator: Shane eake Daniel Mikeison
Page 3 of 3
Packet Pg. 457
Detail by Entity Name
Page 2 0�
16.A.1.b
Detail by Entity Name
Florida Limited Liability Company
CHATHAM WOODS DEVELOPMENT LLC
Filing Information
Document Number
L16000042508
FEI/EIN Number
61-1808092
Date Filed
03/01/2016
Effective Date
02/29/2016
State
FL
Status
ACTIVE
Principal Address
3253 GERMAN WOODS CT
NAPLES, FL 34116
Mailing Address
3253 GERMAN WOODS CT
NAPLES, FL 34116
Registered Agent Name & Address
PEEL, STEPHEN L
3253 GERMAN WOODS CT
NAPLES, FL 34116
Authorized Person(s) Detail
Name & Address
Title MGR
PEEL, STEPHEN L
3253 GERMAN WOODS CT
NAPLES, FL 34116
Annual Reports
Report Year Filed Date
2017 02/12/2017
Document Images
02/12i2017 -- ANNUAL REPORT View image in PDF format
03/01/2016 -- Florida Limited Liability View image In PDF format
FI0MA Department Of State. V""I<1011 of Corporat Jns
http://search.sunbiz.org/Inquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... I Packet Pg. 458
1 ti.A.1. b
Co ter C01414ty
Growth Management Department
Development Review Division
August 22, 2017
Mr. Patrick Miller, SVP
Encore Bank
3003 Tamiami Trail North, Ste. 100
Naples, FL. 34103
RE: Construction, Maintenance and Escrow Agreement for Subdivision Improvements
Chatham Woods Development / PL20150002912 / Account No. 0600005017
Dear Mr. Miller:
Please be advised that based on the work completed and inspected to date, the subject Escrow
Agreement may now be reduced by $134,358.91, leaving an available security of $244,595.08.
The work has also been certified by Gary Butler, PE, the developer's engineering consultant.
These funds should be released to the developer to pay his subcontractor for work and materials.
The remaining security represents $210,144.72 in uncompleted improvements, plus the 10%
maintenance security of $34,450.36.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
JOHN MORIDSWGR7H
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: J. Gary Butler, PE, Esq.
Development Review Division • 2800 Nadh Horseshoe Drive • Naples, Florida 34104. 239-252-2400 • www.coliergovnet
Packet Pg. 459
16.A.1.c
RESOLUTION NO.21-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS IN CHATHAM WOODS,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 62, PAGES 75
THROUGH 76, AND RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 23, 2017, approved the plat of Chatham Woods 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
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and
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 granted for those roadway and drainage improvements in Chatham Woods,
pursuant to the plat thereof recorded in Plat Book 62, pages 75 through 76, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Chatham Woods will be maintained privately in the future and will
not be the responsibility of Collier County.
[19-EIS-04117/1613292/11 Page 1 of 2
Packet Pg. 460
16.A.1.c
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2021.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
Deputy Clerk Penny Taylor, Chairman
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
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[19-EIS-04117/1613292/1] Page 2 of 2
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