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HomeMy WebLinkAbout3.0 Subdivision Improvement AgreementV*tr- is L.sv,,it)(=t rf trf"r ---SUBDIVISION IMPROVEMENTS AGREEMENT ELK SPRINGS, FILING 7, A SUBDIVISTON OF LOS AMIGOS RANCH P.U.D. THIS AGREEMENT is made and entered into this_day of September , 2005, between ELKSPRINGS, LLC,aColorado limited liabilitycompany(hereinafterreferredto as "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (hereinafter referred to as the "County"); WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as Los Amigos Ranch P.U.D., as approved and more particularly described in County Resolution No. 96-34; and WHEREAS, preliminary plan approval was issued by the County for that portion of the Los Amigos P.U.D, designated as Elk Springs, Filing 7, under the terms and conditions set forth in County Resolution No. 98-30, as amended by Resolution99-102; and WHEREAS, both the PIID approval and the Preliminary Plan approval contemplated development of the Los Amigos Ranch P.U.D. in phases; and WHEREAS, Owner has submitted to the County for its approval, the Final Plat for Elk Springs, Filing 7, a Subdivision of Los Amigos Ranch P.U.D., (hereinafter "Final Plat") for a portion of the property lyng within the Los Amigos P.U.D. more particularly described in said Final Plat and set forth in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver to the County cash or other security, deemed sufficient by the County to secure and guarantee Owner's performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as are more fully set forth hereinafter. NOW, THEREFORE, for and in consideration ofthe premises and the mutual covenants and agreements herein contained, Owner and the County agree as follows: 1. Final Plat Approval. The Countyhereby accepts and approves the Final Plat subject to the terms and conditions of this Agreement, as well as the terms and conditions of Resolution 96-34, Resolutions 98-30 and 99- 102, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. Owner's Performance. a. Owner has constructed and installed or will cause to be constructed and installed, at its sole expense, those improvements related to Elk Springs, Filing 7, (hereinafter "subdivision")whicharerequiredtobeconstructedbyResolutionNo.96-34,ResolutionNo. 98-34,Resolution 99-l02,the Final Plat and allCotntyZoning and Subdivision Regulations. The improvements set forth therein willbe completed in compliance with the following: all plat documents submitted prior to or at the time of the Final Plat approval, including, the terms of the certification for improvements completed prior to the date hereof, as well as all terms and conditions set forth on the Final Plat, all of which are incorporated herein by reference, and made apart of this agreement; ii. all requirements of Resolution Nos. 96-34, 98-34, and 99-102 including all requirements of the Garfield County Zonrng Code and Garfield County Subdivision Regulations as they apply to the Subdivision. iii. all laws of the United States, the State of Colorado, the County of Garfield and its various agencies and affected special districts. iv. all terms and/or conditions and/or requirements contained within such other designs, maps, specifications, sketches, and/or other materials submitted to and approved by any of the above-stated govemmental entities. b. All improvements required hereby have been constructed by Owner. Said improvements are shown on the Certification of Costs attached hereto as Exhibit B and include: i. Potable water supply and distribution systems for Elk Springs, Filing 1. ii. Internal roads, specifically Elk Springs Drive, Aster Drive and Gossamer Road; 111.Drainage features; iv. Waste water/sewer collection system in accordance with Spring Valley Sanitation District specifications; v. Utility structures, including electric, telephone, cable television and gas lines. Page 2 c. Payment of all fees required by the County and/or other governmental authority(ies) or special district(s) with jurisdiction, as may be required for installation of the Improvements. d. The County agrees that if all required improvements are installed in accordance with this agreement, the Final Plat documents, and the requirements of the Preliminary Plan, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning, Subdivision, Resolutions and Regulations of Garfield County, Colorado including but not limited to, Resolution No. 96-34 and Resolution Nos. 98-34 and 99-102 with respect to installation of improvements. 3. Cost of Improvements. The total cost of completion of improvements related to the subdivision, as set forth in the Certification of Costs is $1,451,309.16. 4. Security for Improvements. No security is required as all Improvements have previously been constructed and installed and certified as complete. 5. Water Supply and Wastewater Collection. Owner certifies that Owner has heretofore installed and connected a water distribution system for potable water and fire protection and a wastewater collection system in accordance with approved plans and specifications. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system and wastewater collection system shall be established as shown on the Final Plat of Elk Springs, Filing 7. Said water supply and distribution system shall be conveyed in its entirety to the Elk Springs Homeowners Association, Inc., simultaneously with the recording of the Final Plat. Said wastewater collection system shall be conveyed in its entirety to Spring Valley Sanitation District simultaneously with the recording of the Final Plat. 6. Private Roads. Access for Emergency Service Providers and Road Impact Fees. All roads within the Subdivision shall be set apart and conveyed as private road rights-of-way to the Elk Springs Homeowners' Association, subject to public easements for ingress and egress by emergency service providers. The Homeowners' Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said private rights-of-way, including the traveled surface of the roadways and areas outside ofthe traveled surface. The BOCC shall not be obligated to maintain road rights-of-waywithin the Subdivision. Existence ofprivate roads shall be noted on the Final Plat and deeds of conveyance of the rights-of-way to the Homeowners' Association of the Subdivision shall be recorded at the time of recording the Final Plat. All offsite road improvements for the Los Amigos Ranch P.U.D. have previously been satisfied. [n accordance with the provisions of Resolution 98-30 the Owner shall pay a Road Impact Fee of $200.00 per lot for each of the 48 Lots within the Final Plat for a total Road Impact Fee of $9,600.00. This fee shall be paid prior to or simultaneously with the recording of the Final Plat. 7 - Conveyance ofOpen Space and Roads. Upon the mutual execution ofthis Agreement, Owner shall execute and deliver deeds ofconveyance for all open space parcels and roads reflected within the Final Plat (collectively, the "Deeds") conveying the Open Space/Common Area and roads Page 3 of Elk Springs, Filing 7 to Elk Springs Homeowners' Association, fnc., a Colorado Nonprofit Corporation. The Deeds shall be recorded simultaneously with the recording of the Final Plat. 8. Dedication of School Land. Owner's predecessor in interest, Los Amigos Ranch Partnership, conveyed atract of land consisting of a portion of Los Amigos Ranch PIID for the use and benefit of the Roaring Fork School District RE- I by dedication set forth on the Final Plat of Los Amigos Ranch, Filing 5, Phase I, recorded August 26,1997 as Reception No. 512790, in the records of the Clerk and Recorder of Garfield County. 9. Carbondale & Rural Fire Protection District. All property within Elk Springs which was not previously within the municipal boundaries of the Carbondale & Rural Fire Protection District was included within the District pursuant to its Resolution No. 005, Series of 2000. The Owner shall comply with all requirements of said Resolution No. 005, Series of 2000 which include the obligation to pay an impact fee of $437.00 per lot for each of the 48 lots within the Final Plat for a total Fire District impact fee of $20,976.00 prior to the recording of the Final Plat. 10. Sale of Lots. No lots within Elk Springs, Filing 7 may be separately conveyed prior to recording of the Final Plat for Elk Springs, Filing 7 in the records of the Garfield County Clerk and Recorder. 1 1. Enforcement. In addition to any rights which may be provided by Colorado statute, thewithholdingofbuildingpermitsprovided forinparagraph 13 below, andtheprovisions forrelease of security detailed in paragraph 4 above, it is mutually agreed by the BOCC and the Owner that the BOCC without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 12. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots owned by Owner for which building permits have not been issued As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may vacate the plat, or portions thereof, by Resolution. 13. Issuance of Building Permits. As one remedy for breach of this agreement, the County may withhold building permits for any strucfire within the Subdivision. 14. Indemniqv. The Owner agrees to indemniff and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made Page 4 asserting that the standards imposed by the County are improper or the cause of the injury asserled. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Owner the option ofdefending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the Count/s rights under this paragraph. Nothing herein shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. Nothing in this paragraph shall be construed to constitute a waiver ofthe Sovereign Immunity granted to the Countyby Colorado Statute and case law. 15. Recording. Upon execution and authorization bythe County, the Owner shall record this agreement with the Office of the Clerk and Recorder For Garfield County, Colorado. 16. Venue and Jurisdiction. Venue and Jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado 17. Amendment. This agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 18. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Subdivision, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of Owner, its successors, and assigns. 19 . Notice. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mr. Mark Bean, Planning Director 108 8th Street Glenwood Springs CO 81601 Elk Springs, LLC c/o Mr. GaryMcElwee 2929 Comty Road 114 Glenwood Springs, CO 81601 with copyto: Mr. Lawrence R. Green, Esq. Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs CO 81602 Page 5 ENTERED INTO the day and year first above written. ELK SPRINGS, LLC, a Colorado limited liability company Thomas E. Neal, Manager BOARD OF COUNTY COMMISSIONERS By: GARFIELD COUNTY, COLORADO By: Chairman Clerk to the Board O:\WP-DOCSUirry GremVrs Amigos Rmch\Subdivision Irprovmnts Agremt for Elk Springs, Filing 7, tos Amigos Rach PUD 6- l6-05.wpd Page 6 ATTEST: HEPWORTH - PAWLAK GEOTECHNICAL 5020 Gounty Road 13t Glenwood Springr, CO 81601 Phone: 970.945.7988 Fax: 970.945-8454 hpqeo@hpqeotech.com September 9,2004 Elk Springs,LLC Atten: Greg Boecker 2929 County Road I 14 Glenwood Springs, Colorado gl60l Job No. 196 6t?-l Subject: Final Testing and obse*glg Results, Filings 7, 8, and 9, Elk springs Subdivision,County Road l 14, Garfield County, Coloradi Dear Greg: As requested,IrP Geotech visited the site andperformed in-place density testing and observed theroadways at base course grade on June ll, ZO04. Six density tests were performed and all tests met the Project minimum density of 91%ostandard proctor density. The base course was then dug up at the test locations to expose subgrade soil and the depthmeasured. Again, all locations met or exceeded the minimu. r"quir"d base-course depth of g inches.During our visit the gravel roadway surface was observed for signs of instability such as rutting, andcracking- No signs ofinstability were noted. HP Geotech also pJrformed compiction testing an-i observation during infrastructure construction. These reports have been previously submitted. Based on our test results and observations, it appears that the roadway construction should perform as intended. Ifyou have any questions, please call this office. Sincerely, HEPWORT}I . PAWLAK GEOTECHMCAL, INC. Michael Evans S.E.T. Reviewed by: SLP cc: SGM, Dean Gordon Dow Construction, Dow Rippy euG-1?-2@A4 16:36 I-' ' GEOTECH P.41/At c&Etecr, HEPWORTH . PAWLAK G€OTEC HNICAL 5O2O County Roed 154 Glenwood SPrings, Colorado 81650 Phonel 970-94$7966 Fa* 970-94S8454 hPgeo@hPgeotech'com and Testing RePortEarthwork Observation Glient: Los Amigos Ranch Partnership Attn: Greg Boecker 2929 CountY Road 114 Glenwood SPrings, Colorado 81601 Job No. 196 617-1 Date: 6-11'04 Report No. Page: 1 of tt i.t:' *:_ --_ Nt clelr Gauge Moisture/Density Tesl3glults Test No. Location Los Amlgos Depth or Elev. Field Dry Density PCF Field Moisture Content o/o Percent Comp. Min. % Comp. Req. Lab No./ Depth o I tqse. 1 ;Ifiterseciion with Little Wood Lane, right of centerline finished Erade 130.3 1.5 96 95 aesumed/ 8rr+ 2 100' north of hiking trail riqht oI centerline finished qrade 130.9 2.0 96 95 assumed/ 8n 3 400' north of Prlmrose Point left of centerline finished grade 132.4 1.7 97 95 issumed/ 8rr+ 4 tOO norttr of Primrose Point riEht of centerline finished grade '/-32.1 2.0 97 95 assumed/ 8" 5 -t intersoction with Gossamer Road left of centerline finished qrade 130.5 1.6 96 95 assumed/ 8"+ 6 at intersection *ith$IJll - J_iag. - ]IATURE SAVERIT TAX }IEftIO 01 Reference, 131.6 I 1.7 97 95 asSUmeo, 8"+ mrte .-, - ltol L i'rs l--'- \(a\ I lp60e0- t I \ lr* "\AA.-^\.r. I lI==== !!P = == I i II AntProctt Lab No.Method L.rv-\,I rPuvl r rvtl,rr u)f| Dens rvr"'.i", -j aEsumed ASTM D€98 ate base courso IUBSTAI'ITIAL ACCOREIAICE WITH ^STM D?gE? ^ND 03017' tffliftGd$rEr'tt'"t*r!@ ;;;;;d t" u. wetr compacted. No signs of instability were evident. Michael Evans. .:_---ffiid observer- Reviewed BY THE NUCLEAR OEN -9# Progress R cc: Dow Construc ISOMETER MEYHOg OF TESTING WAS USED IN T -r.,.r.y@D. eport: All roadwaY base aP1 lion - Dow RiPPY TOTRL P.A1 t, DOTil CONSTR{*ICTT(}I{, CC. TNC. i!;_;! "'t.i. i4 r. Jij l-,t',": !.1.'J t J. '. l, iV,j..'i:r' ('...t .\' j J.,,,; ('i,1 il / ri -.r3 vTii-ti;1-33 i fi t':!;-tt,r;^'-'!S:17 ElZ4lu Dean Gordon Schmueser, Crordon & Meyer I tE w- 6* Street Ste,200 Glcrrwood Springs CO 81647 Projed: EIk Springs Subdivision RE: Constrrrction Procedures for Utility Trenches and Road Constnrction in Filings 5,6,7,8 &,9. After e right ofway ha.s beern flagge4 we begin by theclearing offees and brustl Then topsoil is stoclpiled or placed at tho side of the roadway. A-fter clearing and gn:bbirg a road surface \rras established by cuttirg and filling as required. Equipmeot utilized: Bulldozers. Excavatorq Loaders, sheep foot and smooth drum rollers, water truske dump truckq etc. Fills wcre placed in approximmely I foot loosc lifts and uorupactcd to at least 95 94 stafldord proolor density. The firur of H-P Geo-tech was hired to qstablish water coutcst aad compastive efforrt needed to achieve thi* Duo to the roclqr environrnent borrow pits wero established- This was necessary to produce fines, Fines were usod to establish s sa+is'factsry road bed. The borrow pits we,rc then usod as a burn area for clearing debris and a bury pit for oversize boulders. The pits were then covered with soil aud revegitatad. After a roadbed had been establistre{ utility rxrnsh'ur,1iou began. Utility trerrch locations were established. A bulldozer with t 42" rippor followed tlrc alienueut making a lreoch that qras theo fiIIed with water The weter fuck rras equipped with a special nonle fabricated to eject r*rater directly into the trench. This procedure greetly eahauced the mrxrng of earth aad wamrforthe bacldlling pnocedure. After the pipe and fittings wert placd the pipe was bedded in a special material free of rocks geaterthan '/i tt size. A I foot layer of this bedding was placed and mnpaded. Compaction prOcedures were frequuntly tcstctl by geo-tcchs to assure moisurc contcnt and soil do"srty. After the beddiog procedure was completed additional utilities wcre then placed and the above mentioned bedcling technique was repeated. A-fter all utilities rrrere insalle4 the reouinde.r ofttre trench was bacldlled using the same method. When the utilities have been constructed tested, and approved by the proper experts, the road z.Cz8 f9vd LESZ }BC OLE VHSS 8 SOSINV SNI Norr3nulsNoe no0 d6E:'o sD tl uer 66trqqbtr0/ g q7 177 caaT tat lca bed was reestablished, This is achieved by scariSing, watering, and rolling AII top eoiling and dean up effo* occur d this tiue. Before gravel placemert begins" a proof roll test is performed in the presenoe of a geotech or engineer. This is accornplished by ubserviog ths rqad nrrfrce underthe whccls of a fully loodcd d.rmp tnrck or watcrtnrok tf arry rrovement is noted tbe area is marked and reworked rrrril the failure is rornedred. Afrcr tbe proofroll is approve4 rbe gravel placement will begin A fiIter ftbric was plaoed between the sub-grade and grav€l. It is placed bervleen the sub-grade and the road tase to prevent integration. 'fhe filter &bric is rolled orfr in front oftbc tnrcks &rmping gravol. The fabric is held in place by grade stalces. The grade stBkcs provido alignmern and elevation location- Thegravel is manipulated into plece$ a motorgrader, rollers and watcr trucks. Tho goal is to ochievo omoothneeE, gtradB slope, &ainage end density to rnake an all weathcr surface. Again a geo.tech is used to assrrre moisttuo cornern and density. Be assured that overy efficrt was made to assure a quality and safo productto the best of our ability. sincerelv(\ _> ,/ DowNppy / Preeident, Dow Cortstruaion CO. Inc. Joe Ltrndeen Supervisor, Do'w Construction CO. [nc. g'd Ze92 tBB oe6 l.tn r t .rrr>r r qL,rt.t Dnn ..r^^ - . ^EA :gud VHSS 8 SOgIt^lV SOI 5589Et6815 97,:7,7, qaa7,lrtt tca April 7,2045 Larry Green, Esq. Balcomb & Green, P.C. Attorneys at Law P.O. Drawer 790 Glenwood Springs, CO 81602 RE: X'iling 7, Elk Springs Subdivision Public. Iufrastructure Improvqp,cnts Dear Larry: In my capacity as the Ranch msnager for Los Amigos Ranch, LLC, I supervised the ooo"too&on of pubtio infrastrroture improvements for Filing 7. The contractor for the improvements was DOW Conshuctron Company, Inc' This is to certiq/ that the public utility systems and roadway inftastructure facilities were installed in their entirety and were installed in compliance with approved constnrction documents. Alt systemi have been tested and are ready tbr their intended use. Sincerely H^ 6E eab!'\- GLf Eoecker Project Manager 7A :qU.]HI.tq? tr qnqTNH qn-]trA9qCbtrA/ E trl i7.A caa7. /q7. !Qa D.t.F, LECIRC, OA3 E TELEPHOiTE h o- :) I) IJ !t D x) Lc{ J v aZ3 3 e ,)f, 3 d N3 lJ co 1 SCHMUESER GORDON MEYER ENGINEERS]SURVEYORS GLENWOOD SPRINGS I 18 w. 6TH, SUrrE 200 GLENWOOO SPRINGS, CO A I 60 I 970-e45- r OO4 Fx:970-945-5944 ASPEN P.O. BOX 2155 CRESTED BUfrE P.O. BOX 3088 ASPEN. cO I I 6 I 2 cREsrED BUnE. co 8l 224 97o-925-67 27 970-349-5355 FXt 970-9?5-4157 Fx: 970-349-5358 August 11,2005 Larry Green, Esq. Balcomb & Green, P.C. Attorneys at Law P.O. Drawer 790 Glenwood Springs, CO 81602 RE: Filing 7, Elk Springs Subdivision Certification of Public lmprovements Dear Larry: Via E-Mail: larry@balcombgreen.com At your request, I have reviewed the status of required public improvements for the above-referenced project. Those improvements would generally consist of the construction of utilities and roadway improvements within Filing 7, consistent with prior Preliminary Plan approvals and the Record Maps for water and sewer and the Preliminary Plan for roads submitted with the application for Final Plat approval for Elk Springs Filing No. 7. Attached hereto are letters from Dow Construction, the contractor of record; H-P Geotech, referencing compaction testing and site observation; and Mr. Greg Boecker, owner's representative, who provided project management during construction. Also attached is a spreadsheet entitled "Elk Springs Production, Filing T.wks" which identifies the materials used to install the improvements. Based on the attached documents and a visual site inspection conducted by myself, to the best of my knowledge, all required utility and roadway infrastructure improvements have been completed within Filing 7 and appear to be constructed and installed in compliance with applicable construction documents. I trust this is sufficient for your needs to document the completion of the necessary infrastructure for Filing 7, I:\1981\01502\CU7 - Filing 7 Final Plat\Letter to LRG from Dean Gordon 8-11-05.doc e s$ 0E/?4/?005 10 't4 FAX gT0 S45 5948tl SCH}.IUESER BOROON ll'lEYER r OtExwOQO 3ri ilO! aSFEf, I | 6 w] cl}r. 9uG 2oo P.o- !o( c t 5t ' olz$Jrooo lElrf,(xl. co olool ^sFEx' ccl glol t rxr e7oCa3-5e.9 fl; e7}9244t37 uo02 / oo2 CBESTEO EUTTE P.O. ror tcra6 Ciftr:g lyfi, Co E t 22a 0709.91355 x: E7O3t9.!338 o_Jar Leny' At yarr reguest, I hew reviemd thc status of rcqdred publc improvemenE for the abora reforencad pror€ct Those improvemsnte would generally ensiat of Ute orctnldlon of utilitbs and roadwey irnprorctnonts within Filing 7, conciatent wlth pior Preliminary Plan approvals and tlre Record Maps for water ard sewer and the Pretiminary Plan for roadc submitted wlth tho appficatlon for Final Plat approval hr Elk Sfings Fiktg I.b. 7. Attsched trereto are lettes fronr Dor Corstnrc'tion, the entrec{or d reord; H-P Gededr, refarencing oornpacllon testirB and sile obssryatlon; and Mr. Grcg Eoedter, owne/a rapresentative, *rho provided pnljed fiEnegement durhg constn c'llon. AlEo attachcd ir a spreadsheel entitled 'Elk Springs Produdbn, Filing 7.wkr'urtrich Henllf,es tho matsriab ueod b inelEll the imprcvements. Basad on the atbched doqrmgnts snd I viaual site lnspectbn conduc{ed by myself, to the bsst of my knowledge, all reguired utility and roadway infractructwe imprwements tlave boon ompleted wrthin Filhg 7 in cornpliance with applicabb onsUuc0on documents. I truet &ris is sufficient fo your needs to docunrnt thc compbtion of tho hoaeaaary infraatrud,rro for Flling 7. Reepecffulty submitted, SGHTIUESE rNc. DWG:led01oc; Fred Jarten, Gertield County Phnning tt';gr$ {,#trri l:\l rorllll$inailr - FIng 7 Fkrd Hrszae l' b [.5y G.Utrh Fex 384-3470 En9,-i-. .i.-.- 1 .t I t] x r-_ I I I xi o r"