HomeMy WebLinkAbout06073Reception 1121788
05/16/1996
ORDINANCE NO. 6073
AN ORDINANCE APPROVING THE PLAT OF EAGLE
VIEW SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Eagle View Subdivision, being a
subdivison of land legally described as follows:
A parcel of land being a portion of that
parcel of land described in that special
warranty deed filed for record May 16, 1995
in Book 2803 at Page 664 in the records of
the Pueblo County Clerk and Recorder and
located within a portion of the NE 1/4 of
the NE 1/4 of Section 14, Township 20 South,
Range 65 West of the Sixth Principal Meridian,
being more particularly described as follows:
Beginning at a point on the east line of the
said NE 1/4 of the NE 1/4 from which the NE
corner of said Section 14 bears N 00 -00 -00 E
(bearings based on the centerline of Outlook
Boulevard from the intersection of Rancho
Del Sol to the intersection of Fortino
Boulevard monumented at each end with a
concrete monument with lead and brass tack
in cast iron monument to bear S 00 -00 -00 E
according to the recorded plat of Gateway
Subdivision First Filing, filed for record
June 26, 1979 in Book 1991 at Page 460 in
the records of the Pueblo County Clerk and
Recorder). a distance of 30.00 feet; thence
S 00 -00 -00 W. along said east line a distance
of 546.51 feet; thence N 89 -28 -32 W, a dis-
tance of 1247.47 feet to a point 50 feet
perpendicular from the west line of the said
NE 1/4 of the NE 1/4; thence N 00 -08 -25 E and
parallel to the said west, a line distance of
Book: 2892 Page: 45 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk. &Rec.
545.56 feet to a point 30 perpendicular from
the north line of the said NE 1/4 of the NE
1/4; thence S 89 -31 -08 E and parallel to the
said north line a distance of 1246.13 feet
to the Point of Beginning, containing 15.63
acres,
is hereby approved; all dedicated streets, utility and
drainage easements, rights -of -way and land set aside
for public sites, parks and open spaces shown and
dedicated on said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights-
of -way, utility and drainage easements, public sites,
parks and open spaces by the City does not obligate the
City to maintain or repair same until such streets,
rights -of -way, utility and drainage easements, public
sites, parks and open spaces have been constructed and
installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of
the 1971 Code of Ordinances, as amended and any agree-
ment entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
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Book: 2892 Page: 46 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
INTRODUCED March 25 , 1996
By Charles Jones
Councilperson
APPROVE
Presi dent of the Council
ATTEST:
ity Clerk
L Tir �h
V ~h
eo
ti
�'t`
1/31/96
—3—
Reception 1121790
05/16/1996
.
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 4 day of April . 199 6
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City", and
Drew Construction, Inc.
hereinafter referred to as "Subdivider".
WITNESSETH:
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the
City and legally described as set forth in Exhibit "A ", which is attached hereto and incorporated herein; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of Eagle vies,
Subdivision, wishes to enter into this Subdivision Improvements Agreement as
authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J) of the 1971 Code of Ordinances of the
City to construct and install certain public improvements as set forth in Exhibit "B ", which is attached hereto
and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of ordinances Subdivider is obligated to
provide security or collateral sufficient in the judgment of the City Council to make reasonable provisions for
the construction and completion of the required public improvements set forth in Exhibit "B"
NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and
Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days after application for a building permit
to construct any building or structure on any building site within the subdivision, or upon the issuance of a
certificate of occupancy for any such building or structure, whichever is sooner, to construct and install at his
sole cost and expense all of those public improvements set forth in Exhibit "B ", which is attached hereto and
incorporated herein.
2. In lieu of installing the required public improvements set forth in Exhibit "B" within one hundred
eighty (180) days, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash
or other collateral with the Director of Finance of the City, or with any bank or trust company licensed in the
State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all
required improvements by Subdivider or subsequent owner shall have expired. Such deposit or escrow
agreement shall be hereinafter referred to as the "deposit."
3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating
the total costs of all uncompleted improvements required by this section within the block at the time
application for building permit is made. The amount of the deposit required by this alternative shall be not
less than 25% of such estimate plus the costs of extending all required sewer and water lines from the
nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus
the costs of extending curb, gutter, sidewalk and paving from the edge of the subdivision or existing
improvements of a like nature whichever is nearer to the proposed building site. In any case where the block,
as hereinafter defined, shall exceed one thousand (1,000') feet in length between intersecting streets, the
estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted improvements in at least one -half of such block, and the required deposit shall be based upon
such decreased estimate, provided, however, Subdivider shall undertake to provide a turnaround of at least
sixty (60') feet in diameter at the mid -block point and barricade said streets so that no through traffic shall be
permitted beyond the point to which the estimate of the Director of Public Works is based.
4. Within one hundred eighty (180) days after subsequent application for a building permit to construct
any building or structure upon any building site within the block, or upon the issuance of a certificate of
occupancy for any such building or structure, whichever is sooner, Subdivider shall likewise deposit an
amount not less than the estimate of the Director of Public Works for all required improvements from existing
improvements to the proposed building site, less any previous deposits made hereunder upon building sites
lying between the most recently proposed site and existing improvement.
-1-
Book: 2892 Page: 49 Chris C. Munoz
Page: 2 of 11 Pueblo Co.Clk. &Rec.
5. The City may treat the amount of such deposit as a aeut due the City from Subdivider or
subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be
filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon
such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All
remedies provided for herein are cumulative and the use of one shall not prohibit the use of another.
6. Upon payment of each such deposit, the City Director of Public Works shall release the proposed
building site from the terms of this Agreement.
7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of
the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued
by the Pueblo Regional Building Department until a certificate of compliance has been approved and issued
by the City Director of Public Works and duly recorded in the Office of the Pueblo County Clerk and Recorder
which certifies that those public improvements set forth in Exhibit "B ", or that portion of said improvements as
shall be necessary to totally serve specific lot(s) or block(s) for which building permits or certificates of
occupancy are sought and which are covered by a particular certificate of compliance, have been property
designed, engineered, constructed, and accepted as meeting the specifications and standards of the City.
These restrictions on the issuance of certificates of occupancy shall run with the land and shall extend
to and be binding upon the heirs, executors, legal representatives, successors and assigns of Subdivider and
may be specifically enforced by the City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, park,
and other public improvements for maintenance by the City. Until such roads and other park and public
improvements have been installed and meet the requirements, standards, and specifications of the City, its
Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of
Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said
roads, park and other public improvements and rights of way are the sole responsibility of the Subdivider or
any subsequent owner(s) of the land within this Subdivision.
9. The required time for completion of all such improvements by Subdivider within such block shall be
one (1) year from the date of application for the first building permit issued within such block. Upon
completion and written approval and acceptance of such improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of
Subdivider relating to such improvements within such block to be released. If said improvements are not
completed within the required time, the City Director of Public Works may cause the proceeds of all deposits
or other collateral or monies in escrow to be used to complete the same. If sufficient monies are available at
the end of the required time to complete all such improvements herein required for the entire length of such
block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced in cash and
shall deposit the same with the Director of Finance and such cash shall be used to complete that portion of
the improvements the Director of Public Works shall determine. Until all improvements are completed and
approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and
responsible therefor.
10. For purposes of this Agreement, the word "block" shall mean both tiers of lots fronting or abutting
upon the street which the proposed building or structure shall front to the rear property line of such lots, or
the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers
of lots, and shall include the full width of all streets upon which such lots abut.
11. Subdivider agrees to provide the City with a current title insurance commitment at the time of final
platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free
and clear of any and all encumbrances. If such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions.
12. n is mutually agreed that the City or any purchaser of any lot(s) within this Subdivision shall have
the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this
Agreement or any amendment thereto. Such authority shall include the right to compel rescission of any sale,
conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement.
13. The parties hereto mutually agree that this Agreement may be amended from time to time by
mutual consent provided that such amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the successors and assigns of the City and
upon the heirs, administrators, executors, successors, assigns, and legal representatives of Subdivider, and
shall be placed on record in the office of the County Clerk and Recorder of Pueblo County, Colorado, and
shall constitute an agreement running with the land until released as hereinabove set forth.
-2-
Book. 2892 Page: 50 Chris C. Munoz
Page: 3 of 11 Pueblo Co.C1k.&Rec.
.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its
duly authorized and acting officers and the seal of the Subdivider set hereon.
Dr ew C onstruction, Inc.
Subdivider
n
B
(SEAL)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledge before me this day
of 199, by i �� J�E� , Subdivider.
My commission expires
(s. E;.1, E1 ��
f
A
Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
CITY OF PUEBLO, a Municipal Corporation
By
President of a Council
The foregoing instrument was acknowledged before me this 16th day
of May , 199 6 , b Fay B. Kastelic , as President of City
Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
My ommission expires:
C ;A ry Pu is
dress:
APPROVED AS TO FORM:
— City Worney
DOD
No ry Public
Address: &-;o
Q�&4. 46
-3-
Book: 2892 Page: 51 Chris C. Munoz
Page: 4 of 11 Pueblo Co.Clk. &Aec.
EXHIBIT A
A parcel of land being a portion of that parcel of land described in that special warranty
deed filed for record May 16, 1995 in Book 2803 at Page 664 in the records of the Pueblo
County Clerk and Recorder and located within a portion of the NE 1/4 of the NE 1/4 of
Section 14, Township 20 South, Range 65 West of the Sixth Principal Meridian, being
more particularly described as follows;
BEGINNING at a point on the east line of the said NE 1/4 of the NE 1/4 from which the
NE corner of said Section 14 bears N 00 -00 -00 E (bearings based on the centerline of
Outlook Boulevard from the intersection of Rancho Del Sol to the intersection of Fortino
Boulevard monumented at each end with a concrete monument with lead and brass tack
in cast iron monument box to bear S 00 -00 -00 E according to the recorded plat of
Gateway Subdivision First Filing, filed for record June 26, 1979 in Book 1991 at Page
460 in the records of the Pueblo County Clerk and Recorder), a distance of 30.00 feet;
thence S 00 -00 -00 W, along said east line a distance of 546.51 feet; thence
N 89 -28 -32 W, a distance of 1247.47 feet to a point 50 feet perpendicular from the west
line of the said NE 1/4 of the NE 1/4; thence N 00 -08 -25 E and parallel to the said west
line a distance of 545 .56 feet to a point 30 perpendicular from the north line of the said
NE 1/4 of the NE 1/4; thence S 89 -31 -08 E and parallel to the said north line a distance
of 1246.13 feet to the POINT OF BEGINNING;
Said parcel contains 15.63 acres.
Book: 2892 Page: 52 Chris C. Munoz
Page: 5 of 11 Pueblo Co.Clk.&Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION NAME: Eagle View
DEVELOPER: Drew Construction
W
1) Pavement
William T. Boies
Outlook Blvd.
a)
3" asphalt on 6" base course
4779
$
11.00
S.Y.
52,569.00
additional base course (9 ")
4779
$
8.10
S.Y.
38,709.90
b)
One inch (1 ") asphalt overlay
183
$
60.00
Ton.
10,980.00
(1" asphalt /S.Y. = 110 lbs)
c)
Patching 5' wide 3" on 15"
227
$
19.10
S.Y.
4,335.70
2) Concrete
a)
Curb & gutter
1193
$
7.80
L.F.
9,305.40
b)
4 concrete
1859
$
2.50
S.F.
4,647.50
c)
Handicap ramps
465
$
3.50
S.F.
1,627.50
d)
7" reinforced concrete
1524
$
3.80
S.F.
5
3) Sanitary Sewer
a)
8" main (0' -12' depth)
871
$
22.00
L.F.
19,162.00
b)
48" dia. manhole
3
$
1400.
each
4,200.00
4) Water
a) Main (including valves & FHs) 1170 $ 28.00 L.F. 32,760.00
5) Monument Boxes 6 $ 450. each 2,700.00
6) Barricades L = 24'
Special
2 $ 1000. each 2
1 $ 1800. each 1,800.00
P -5
Book: 2892 Page: 53 Chris C. Munoz
Page: 6 of 11 Pueblo Co.C1k.&Rec.
B. DRAINAGE
1) Storm Sewer
a) 18" pipe 807
24" pipe 403
b) Manhole - 60" dia. 3
c) Type "S" Inlet - L = 4' 1
additional length 8
$ 29.00 L.F. 23,403.00
$ 36.00 L.F. 14,508.00
$ 1600. each 4,800.00
$ 1800. each 1,800.00
$ 200. each 1,600.00
'DOTAL
$236,699.20
This is an estimate only. Actual Construction costs may vary. This estimate
may not include all construction costs.
Book: 2892 Page: 54 Chris C. Munoz
Page: 7 of 11 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle View
DEVELOPER: Drew Construction
ENGINEER: William T. Boies
Tierra Berienda & Cul -De -Sac
1) Pavement
a) 3" asphalt on 6" base course 4585
additional base course (4 ") 4585
2) Concrete
a) Curb & gutter
b) 4" concrete
c) Handicap ramps
d) 7" reinforced concrete
$ 11.00 S.Y. 50,435.00
$ 3.60 S.Y. 16,506.00
2351
$
7.80
L.F.
18,337.80
9404
$
2.50
S.F.
23,510.00
232
$
3.50
S.F.
812.00
508
$
3.80
S.F.
1,930.40
3) Sanitary Sewer
a) 8" main (0' -12' depth) 1172 $ 22.00 L.F. 25,784.00
b) 48" dia. manhole 3 $ 1400. each 4,200.00
c) Service line - 60' R.O.W. 33 $ 575. each 18,975.00
4) Water
a) Main (including valves & FHs) 1192 $ 28.00 L.F. 33,376.00
b) Fire hydrant assembly 3 $ 1800. each 5,400.00
c) Service lines - 60' R.O.W. 33 $ 480. each 15,840.00
5)
Monument Boxes
4
$
450.
each
1,800.00
6)
Street Lights
5
$
1300
each
6,500.00
P -7
Book: 2892 Page: 55 Chris C. Munoz
Page: 8 of 11 Pueblo Co.Clk. &Rec.
B. DRAINAGE
1) Storm Sewer
a) 18" pipe 684
b) Manhole - 60" dia. 4
c) Type "S" Inlet - L = 4' 3
additional length 31
$ 29.00
L.F.
19,836.00
$ 1600.
each
6,400.00
$ 1800.
each
5,400.00
$ 200.
each
6,200.00
'T'OT'AL
$261
This is an estimate only. Actual Construction costs may vary. This
estimate may not include all construction costs.
N
Book: 2892 Page: 56 Chris C. Munoz
Page: 9 of 11 Pueblo Co.C1k.&Rec.
SUBDIVISION IMPROVEMENT AGRE MENT
SUBDIVISION NAME: Eagle View
DEVELOPER: Drew Construction
ENGINEER: William T. Boies
STREET: Aquila Drive & Cul -De -Sac
1) Pavement
a) 3" asphalt on 6" base course 4753 $ 11.00 S.Y. 52
additional base course (4 ") 4753 $ 3.60 S.Y. 17,110.80
2) Concrete
a) Curb & gutter
b) 4" concrete
c) Handicap ramps
d) 7" reinforced concrete
2266
$
7.80
L.F.
17,674.80
9064
$
2.50
S.F.
22
232
$
3.50
S.F.
812.00
508
$
3.80
S.F.
1,930.40
3 ) Sanitary Sewer
a) 8" main (0' -12' depth) 1191 $ 22.00 L.F. 26,202.00
b) 48" dia. manhole 3 $ 1400. each 4,200.00
c) Service line - 60' R.O.W. 34 $ 575. each 19,550.00
4) Water
a) Main (including valves & FHs) 1191 $ 28.00 L.F. 33,348.00
b) Fire hydrant assembly 2 $ 1800. each 3,600.00
c) Service lines - 60' R.O.W. 34 $ 480. each 16,320.00
5) Monument Boxes
6) Street Lights
2 $
450.
each
900.00
5 $
1300.
each
6,500.00
Book: 2892 Page: 57 Chris C. Munoz
Page: 10 of 11 Pueblo Co.C1k.&Rec.
B. DRAINAGE
1) Storm Sewer
a) 18" pipe 581
b) Manhole - 60" dia. 3
c) Type "S" Inlet - L = 4' 2
additional length 16
$ 29.00
L.F.
16,849.00
$ 1600.
each
4,800.00
$ 1800.
each
3,600.00
$ 200.
each
3,200.00
TOTAL $251,540.00
This is an estimate only. Actual Construction costs may vary. This
estimate may not include all construction costs.
P -10
Book: 2892 Page: 58 Chris C. Munoz
Page: 11 of 11 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Eagle View
DEVELOPER: Drew Construction
ENGINEER: William T. Boies
STREET: Talon Drive
1) Pavement
a) 3" asphalt on 6" base course 824 $ 11.00 S.Y. 9,064.00
additional base course (4 ") 824 $ 3.60 S.Y. 2,966.40
2) Concrete
a) Curb & gutter 412 $ 7.80 L.F. 3
b) 4" concrete 1648 $ 2.50 S.F. 4,120.00
3) Sanitary Sewer
a) 8" main (0' -12' depth) 273 $ 22.00 L.F. 6,006.00
b) Service line - 60' R.O.W. 3 $ 575. each 1,725.00
4) Water
a) Main (including valves & FHs) 273 $ 28.00 L.F. 7
b) Service lines - 60' R.O.W. 3 $ 480. each 1,440.00
TOTAL
Grand Total =
$36,179.00
$ 785,660.40
This is an estimate only. Actual Construction costs may vary. This
estimate may not include all construction costs.
PREPARED BY: W.T. Boies
FIRM• B3D Company
REVIEWED BY:
aK f
/43 City of Pueblo
3/21/96
DATE
DATt
P -11
Reception 1121791
05/16/1996
AGREEMENT TO PARTIALLY RECOVER
STREET IMPROVEMENT COSTS
This Agreement is made on H , 19 %, between Pueblo,
a Muni ipal Corporation ("City and rim n
o �g bvn , rnr ("Subdivider").
WITNESSETH:
WHEREAS, under Section 12 -4 -12 of the 1971 Code of Ordinances
of the City of Pueblo, when a subdivider is required to construct
or install street improvements through or adjacent to property not
in the subdivider's subdivision, the subdivider must pay the entire
cost of such street improvements, but is later eligible to recover
a portion of the costs.
In consideration of the above ordinance and covenants, it is
agreed as follows:
1. The Subdivider will construct approximately 57r,.5
lineal feet of C)a4 trek J� . �� within --
d e�/i env �c1 b � ��ts loh
Subdivision ( "the Subdivision ") in the City ofO Pueblo, Colorado.
2. The Subdivider will file with the City Director of Public
Works ( "Director ") within 60 days after completing the street
improvements, a cost recovery statement to certify the actual costs
of the street improvements with receipts and other evidence of such
costs, and a list of the names and addresses of the record owners
and legal descriptions of property abutting the street improvements
verified by the Subdivider to be true and accurate together with
a certificate from the office of the Pueblo County Assessor.
3. The Director will determine the cost recovery and
allocation to abutting property based upon the Subdivider's cost
recovery statement and other such information concerning the street
improvements which is reasonable in relation to the actual cost of
such development.
4. The Director will send by first class mail written notice
of the Director's determination to the Subdivider and the owners
shown on the Subdivider's verified list.
5. The City will require adjoining property owners, before
final approval of a subdivision pursuant to Section 12- 4- 12(e), to
develop their land, to deposit the amounts provided in the
Director's cost recovery statement together with interest at the
rate of eight percent (8 %) per year for not more than ten (10)
years computed from the date the street improvements were accepted
by the City. Liability for the cost recovery shall be limited to
fifteen (15) years after acceptance of the street improvements by
the City.
11 3-
PAGE 1 OF 3
Book: 2892 Page: 60 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
6. The Subdivider shall perform or contract to have
performed the work to install and complete the street improvements
required for the Subdivision. Upon completion of the work, the
Subdivider shall furnish the Director with evidence satisfactory
to the Director that the Subdivider has fully paid the contractor
for all street improvement work.
This Agreement was executed on the above date.
SUBDIVIDER
l7rt u C.o nS�ruG�lan, �nL.
By:
STATE OF COLORADO)
SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before J 0
199 _L, by M ►on E. vmo 1p eeto
Subdivider._ -
Witness my hand and official seal.
My commission expires:
PUEBLO, A Municipal Corporation
By: (;ttw
Director of Public Works
PAGE 2 OF 3
Book: 2892 Page: 61 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
STATE OF COLORADO)
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
/ 199, by Director of
PublicOWorks for Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
N p UB� ,C ' ; o ;
PAGE 3 OF 3