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06/06/1996 t Agenda: 6-6-96 i I , I b~ \11-J ~ rJ f~A-s .(~ 0<.. /. , ~c.~-\-rQck..~"e - """" ':0' J " ,. , , ... F 9 3-3 i , ~ ~~: .' '~ ".; ". : :~~ t t ! ! 1 , City Commission Meeting 6-6-96 i I i l ~ \ t ~ f, ( t ~ j f 'I' ~ f g f ~ f ~ t 1 f ~ F93S ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, June 6, 1996 - 6:00 P.M. - Chambers 1 . Invocation 1. Rev. Otis Green, Everybody's Tabernacle. 2. Pledge of Allegiance 2. Mayor. 3. Service Awards 3. None. 4. Introductions and Awards 4. Proclamation: Toastmaster Day - 6/6/96 5. Presentatio ns: 5. a) Reported on legislative issues. Made a) Senator Latvala suggestions re location of reclaimed water tanks at Marshall Street WPC Plant. b) NAHAS - Annual Report b) Report received. c} Bruce Kaufmann - Clearwater Bombers. c) Funding request agendaed for 6/20/96 request reapproval of 10/1 matching grant money Plaque presented by Stetson University College of Law for City's continuing support of the University's Government Law Clinic. American Gas Cooling Center Rising Star Award presented for Gas System's sales of gas air conditioning systems. 6. Approval of Minutes - Regular Meeting 6. Approved 6/3/96 as submitted, 5/16/96 as 5/16/96 & Special Meeting 6/3196 corrected by City Clerk. (attorney/client) 7. Citizens to be heard re items not on the Agenda Anne Garris announced Kid's Week - 6/10-14/96 Shirley Moran expressed appreciation for C-View schedule being available at information booth at City Hall. Lucius Pitts. Mohammed Abdur-Rahim. Deborah Turner. Lois Lowery. Cherry Harris & Columbus Bridges spoke in opposition to the reclaimed water tank proposed at Marshall Street WPC Plant. Requested more attention be given to the desires of the North Greenwood community. Dennis Henegar requested redevelopment efforts include the area east of Myrtle Avenue which also pays the DDB tax. Shelia Cole requested the pool on Clearwater beach be replaced as promised. PUBLIC HEARINGS 8. Public Hearing & First Reading Ords. #6036- 96 & #6037-96 - Annexation & RS-8 Zoning for property located at 2275 Manor Blvd. N., Clearwater Manor, Lot 85 (McClure, A96-20) 8. Approved. Ords. #6036-96 & #6037-96 passed 1 st reading. 6/6/96 1 ,.' 9. Public Hearing & First Reading Ords. #6040- 96 & #6041-96 - Annexation & RS-8 Zoning for property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz, A96-18) 10. Public Hearing & First Reading Ords. #6042- 96 & #6043-96 - Annexation & RS-8 Zoning for property located at 1517 W. Virginia Lane, Virginia Groves Estates 1 st Addition, Blk 10, Lot 2 (Wyllie, Jr. 1 Knox-Bronson, A96-17) 11. (Cont. from 5/16/96) Public Hearing & First Reading Ord. #6046-96 - Granting to GTE Media Ventures Inc. the permission to occupy municipal streets and rights-of-way in the City of Clearwater as a means of providing cable television services; prescribing the terms and conditions accompanying the grant of franchise; and prescribing penalties for the violation of its provisions; providing for severability of provisions 12. (Cont. from 3/2', 4/18 & 5/2/96) Public Hearing & First Reading Ords. #5989-96 & #5990-96 - land Use Plan Amendment to Commercial General & CG Zoning for property located at 401 S. Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gerry Staring / Natalie Moyles, Trustee, LUP96-01, Z96-02) 13. Second Reading Ord. #6029-96 - RPD-16 Zoning for property located approx. 700' North of Gulf to Bay Blvd. & 350' East of Cambridge Dr., Storz Ophthalmic, Inc., Park Place DRI, Lot 2 (less portion zoned Preservation) & Lot 3; approve Final Site Plan for the Grand Reserve subject to conditions (Storz Ophthalmics, Inc., Z96-03) 14. Public Hearing & First Reading Ords. #6032- 96 & #6033-96 - Land Use Plan Amendment to Institutional & PISP Zoning for property located approx. 330' east of Greenwood Ave., Georgas Sub., Lots 5-10, Sec. 22-29- 15, M&B 21.05 (School Board of Pinellas County I Fusco Management Corp. I Property Capital Trust, LUP96-03, Z96-05) 15. Public Hearing & First Reading Ords. #6034- 96 & #6035-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1142 Lakeview Dr., Sec. 22-29- 6/6/96 9. Approved. Ords. #6040-96 & #6041-96 passed 1 st reading. 10. Approved. Ords. #6042-96 & #6043-96 passed 1 st reading. 11. Approved. Ord. #6046-96 passed 1 st reading. 12. Approved. Ords. #5989-96 & #5990-96 passed 1 st reading. 13. Ord. #6029-96 adopted. Final Site Plan approved subject to conditions. Ii , ~ ~ t~ .~ 'If: J ,. .'~ .'.i ;~ 14. Approved. Ords. #6032-96 & #6033-96 passed 1 st reading. 15. Approved. Ords. #6034-96 & #6035-96 passed 1 st reading. 2 :f'i:-,:' , 15, M&B 21.10 (School Board of Pinellas County / Pinellas Board of Public Institution, LUP96-02, Z96-04) 16. Public Hearing & First Reading: Ord. #5962- 96 - LDCA amending Div. 26 of Ch. 40, to provide for revised development standards in the Urban Center District & Ord. #5964-96 - Zoning Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01) 17. Variance(s) to Sign Regulations for property located at 1295 S. Missouri Ave., F.E. Hanousek's Sub., part of Lots 11 & 12 (Albertson's Inc., SV96-09) 16. Continued to 6/20/96. 17. Approved variance of 1 wall sign to allow 4 wall signs. \ I I i ~ 11 ~ ~ > Public Hearing - Second Reading Ordinances ~ r ~ a ~ 'J . ~ I , ! 1 i ~ 18. Ord. #6013-96 - amending Sec. 35.11, to 18. Ord. #6013-96 adopted. revise definition for variance (LDCA96-04) 19. Ord. #6023-96 - approving new gas utility 19. Ord. #6023-96 adopted. rates to become effective for all billings rendered on or after 10/1/96, and incorporating subsequent changes to become effective for billings rendered on or after 10/1/97 20. Ord. #6024-96 - Annexation for property 20. Ord. #6024-96 adopted. located at 1500 Stevenson Dr., Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15) 21. Ord. #6025-96 - CG Zoning for property 21. Ord. #6025-96 adopted. located at 1500 Stevenson Dr., Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-151 22. Ord. #6026-96 - Annexation for property 22. Ord. #6026-96 adopted. located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31.03 (Burke, Trustee, A96-16) 23. Ord. #6027-96 - RM-8 Zoning for property 23. Ord. #6027-96 adopted. located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31.03 (Burke, Trustee, A96-16) 24. Ord. #6030-96 - providing authority to issue 24. Ord. #6030-96 adopted. bonds to refund the outstanding Gas System Revenue Bonds, Series 1991 25. Ord. #6031-96 - Amending Sec. 2.323 to 25. Ord. #6031-96 adopted. change composition of Parks and Recreation Board from 9 to 7 members 26. Ord. #6047-96 - Amending Sec. 2.700 re 26. Ord. #6047-96 adopted. lobbyist ordinance to delete department directors from definition of staff 6/6/96 3 CITY MANAGER REPORTS CONSENT AGENDA (Items #27-42) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 27. Approve request for authority to settle liability claim of Spottis Woode Homeowners Association, Inc., for damages to a brick wall that was damaged when struck by a City solid waste vehicle, for $27,859 (FN) 28. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, in order to secure a natural gas easement across CSXT's r-o-w in Safety Harbor, FL, for $1,225 (GAS) 29. Seventh Amendment to Clearwater Ferry Service, Inc. License & Agreement to amend the minimum routing schedule to have operation of ferry service on an as-need and on-call basis (MR) 30. Purchase of city-wide di.ctation system from Dictaphone Corp., for $33,158.30; authorize transfer of $33,158.30 from Police Department Debt Services Code to Police Department Capital Machinery and Equipment Code (PD) 31. Contract Renewal with Martin's Uniforms, Tampa, FL, for purchase of Police Dept. uniforms & related equipment, for the period 7/18/96-7/17/97, at an amount not to exceed $85,000 (PO) 32. Contract amendment with PSI International, Inc., Fairfax, V A, for purchase of 66 additional Fujitsu laptop personal computers & related components for $297,726; and Contract to Dell Computer Corporation for 30 Dell desktop personal computers & related components, for $75,111, plus annual maintenance of $31,848 to begin 1 year following acceptance, for a total of $404,685 (PO) 33. Contract for private street sweeping services to Sweeping Corporation of America, Nashville, TN, for the period 10/1/96-9/30/99, subject to annual fund availability, for a total of $383,940 (PW) 34. Second Amendment to Lease Agreement dated 12/2/94 with the Times Publishing Company, amending lease premises to include additional lands in Blk B, Magnolia Park Sub., requiring protective fencing for a storage building, but no additional monthly rent; and extending lease term 3 months through 3/31/97, with all other lease provisions unchanged (EN) 35. C.O.#3 to 1996 Underdrain Contract to Keystone Excavators, lnc" Oldsmar, FL, re Chestnut Street & Garden Avenue Storm Improvements, increasing the amount by $138,975.09 for a new total of $759,625.97 and extending the contract time by 40 days (EN) 36. Approve ranking & award contract for consultant services to Tampa Bay Engineering, Inc., Clearwater, FL, for design of watershed rehabilitation project at Hercules Avenue & Allen's Creek, for $200,000 (EN) 37. Receipt/Referral - LDCA relating to density and the requirements for calculations resulting in a fraction (LDCA96-14) (CP) 38. Receipt/Referral - LDCA allowing car rental uses as a conditional use in the Beach Commercial & Resort Commercial 28 Districts; identifying standards for approval of car rental uses in those zones, specifying that conditional use applications for outdoor displays must be compatible in scale & appearance with surrounding uses to be approved, and deleting requirement for a minimum lot size of 30,000 sq. ft. for outdoor retail sales, displays and/or storage uses in Infill Commerical Districts (LDCA96-13) (CP) 6/6/96 4 39. Sanitary sewer lien agreement - 2275 N. Manor Blvd., Clearwater Manor Sub., Lot 85 (McClure) (CA) 40. Drainage installation and maintenance easement - 14 S. Arcturas Ave., Skycrest Sub., Unit 6, Blk A, Lot 4 (Wesley and Louise Pope) (CA) 41. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Ad., tract of land lying in Sec. 21-28-16 (McCullough Development Corporation) (CA) 42. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Ad., tract of land lying in Sec. 21-28-1 6 (James & Marlene McCullough) (CA) OTHER ITEMS ON CITY MANAGER REPORT 43. Res. #96-29 - releasing liens on Sand Key properties that have prepaid the Power Line Burial Special Assessment in full, at a cost not to exceed $2,500 (FN) 44. Res. #96-44 - providing for public sale of not to exceed $9,750,000 Gas System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 1996B(FN) 45. First Reading Ord. #6048-96 - relating to sale of petroleum products; amending Sec. 33.031 to identify locations for sale of petroleum products at Clearwater Marina; allowing only fully qualified vendor, approved by City Manager and under an annual fuel contract with the City, to provide petroleum products sold at Clearwater Marina (MR) 46. (Cont. from 5/16/96) Hire 2 full-time police service technicians to provide guard service for the Main Library & surrounding Coachman Park area for 70 hours per week, to be effective 8/15/96, when contract with National Building Maintenance, Inc. expires (LIB) 47. Completion of Harvorview Center: approve $498,000 expenditure needed for completion of redefined center, and consider itemized list of possible betterments which, if approved in its entirety, will require an additional authorization of $266,500; approve interfund loan of $498,000 (or $ 764, 500 with betterments) from Central Insurance Fund, bearing interest at cash pool rate, to be repaid from Penny for Pinellas collections in FY 1999 (CM) 48. Beautification Committee - 2 appointments 6/6/96 43. Approved. Res. #96-29 adopted. " :.; , " 44. Approved. Ress. #96-44 adopted. 45. Approved. Ord. #6048-96 passed 1 st reading. 46. Approved. 47. Continued to special meeting on 6/14/96 at 9:00 a.m. 48. Appointed Nancy Aft & Robert Sudalnik. 5 (ClK) 49. Community Relations Board - 1 appointment (ClK) 50. Other Pending Matters 49. Appointed Johnny Long. 50. None. CITY ATTORNEY REPORTS 51. Resolutions a) Res. #96-41 - Assessing property owners the costs of having mowed or cleared owners' lots b) Res. #96-43 - Demolition Lien - 705 Pennsylvania Ave., Pine Crest Sub., Blk 7, Lot 9 (Obadiah and Lillie Mae James) c) Res. #96-46 - Approving in concept a plan to lend $900,000 to the CRA to facilitate the development of a Winn-Dixie Store in a downtown Clearwater location to be owned by Clearwater Neighborhood Housing Services 52. Other City Attorney Items 51. Resolutions a) Res. #96-41 adopted. b) Res. #96-43 adopted. c) Res. #96-46 adopted. 52. None. } ": 53. City Manager Verbal Reports a) Change of Date for Del Oro Park Ribbon Cutting - Date will be rescheduled once park is officially named. b) Florida League of Cities - attendees 7. - City Manager requested those planning to attend the 8/8-10/96 FLC conference notify staff. c) Legislative Issues - Direction to send thank you to Governor for veto of property appraiser bill; letters to Federal legislators opposing selling of spectrum radio frequencies and cutting of Block Grant funding. 54. Other Commission Action Johnson questioned status of North Greenwood Community Task Team. Deputy City Manager reported meeting on 6/12/96 with current members; additional names will be brought forward after the meeting. He questioned Clearwater Festivals request for additional funding. City Manager stated that will come forward at next meeting. He congratulated Commissioner Seel on nice article. Hooper expressed concern re only 3 members of the Development Code Adjustment Board (DCAB) attending the last DCAB meeting. He expressed appreciation for the Safety Luncheon and acknowledged the many employees recognized for their excellent safety records. Clark said he will be unable to attend the FLC conference. He welcomed the City Attorney as a new Clearwater resident. Garvey announced Marlo Boulevard meeting to be held 6/19/96. 55. Adjournment - 10:23 p.m. 6/6/96 6 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk@ SUBJECT: Follow up from June 3, 1996 Work Session COPIES: Elizabeth Deptula, City Manager DATE: June 4, 1996 "i:; ., "; .' .; .; In response to questions raised at the June 3, 1996, Work Session the following answers are provided in final agenda order. !j " , " ;: Item #5c - Clearwater Bombers - Please see attached memorandum from Ream Wilson providing financial information regarding the Tampa Bay Smokers. " ': "!( } ~1 , Item #11 - GTE Franchise - the changes to the agreement are included in your packet with the agenda item. Please note that the page numbers do not match exactly with the page numbers in the agenda item. Regarding the City's ability to install additional outlets for the cable wiring provided by Time Warner, the City can do any additional wiring in City buildings it cares to do as long as it coordinates with Time Warner to assure the signal is strong enough. If Time Warner does additional wiring the City would be billed for Time Warner's cost. ~~ ':; :.j J ': Item #12 - Rezoning of mobile home park - No additional letters have been received. Item #20 - Safety Harbor CSXT Crossing for National Linen - The payback for this work order is 1.25 years. This takes into account only the load additions to date. the load additions they project over the next two years may add another $1-200,000 therms annually. this would cut the payback to half of the 1.25 years. Item #34 - Times Publishing Lease/Parking spaces - attached is a better map of the location of the proposed parking spaces. Item #36 - Watershed Rehab, Allen's Creek - Attached is a color coded map indicating the different ownerships of the property. . . , ,~ ~", Item #5lc - Intent resolution re Down Town Winn-Dixie - the resolution and the CRA Special Meeting Agenda will be forwarded to you tomorrow. The information regarding the tax increment is attached. ,~ ~ ~~, :r ~. '" ti ~ I ! I i. Item #47 - Harborview Center - please see attached memorandum from Bill Baker regarding the time frame in which Pickles Plus is to start operations. f r i I I \ I f i 1 I I .', C I T Y OF C LEA R W ATE R Interdepartmental Correspondence l ,; .~ . g ; ~ f i i I i ! TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: June 6, 1996 Tonight's invocation will be offered by Reverend Otis Green, Everybody's Tabernacle, 1120 N. Betty Lane, 34615 ! I ! 1 I i ~ I i I I " ~ l7 ~ ~ ~ ~ ~ t; ;1 i$ f ~ j t I ,I "' .' TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the June 6, 1996 City Commission meeting DATE: June 6, 1996 The following presentation will be made at the June 6, 1996 City Commission meeting. PRESENTATIQNS GARY VAUSE, ASSOCIATE DEAN, STETSON UNIVERSITY COLLEGE OF LAW will present a plaque for the continuing support the City of Clearwater has provided to Stetson University College of Law Civil Government Law Clinic. AMERICAN GAS COOLING CENTER RISING STAR A WARD - Chuck Warrington, City of Clearwater Gas System I I I I I I rROCLAMA TION TOASTMASTER DAY - ROBERT DAVID THOMPSON 06/04/1996 13:43 8134626528 CLW PARI<S AND REC PAGE 02 ~I~' ~~ e~~~5c From: Ream Wilson, Director, Parks and Recreation Departm To: Cynthia Goudeau. City Clerk Dltl: June 4, 1996 RE: TamP8 Bay Smokers ~1 In responte to . question asked at tne City Commiuion work session thl. pelt Mondav, pI.a" be .dvited that we entered into . CO-IponSOled arrangement with the Tempe Bey Smoker, 88rllef tN. yelr to accommodate their home schedule at the Eddie C. Moore Complex. AI. co-sponsored group, the Smoker. utilize the facility lit no cherge. including s.t-up and utilities. The Smokers' use consists of nine dates at the Complex, s.ven of which haVI been plaved. Additionally, the Smokers requested to have a groundskeeper on duty at tach of thair games, and we entered into 8 · Recreation Facility Use Agreement- to Itemize thl. coat al\d bill them for this service. The Tampa Bay Smoker. ia one of two men's fast-pitCh softball t.ams op.ratlng out of Cleerweter. Ae you ar. awere, the other is the CI8arwatar Bombers. Regarding funding, the Tampa Bav Smokers af. totally self-sufficient with all operational monies being secured from corpor.te IPon8orshipa and the private sector. Plea.. contact me if you heve any questions or desire further information. RW Ibd ~ j i I i ~ ~ I ~ a .1 ~ ~ ~ Y: ~ i . " 'AIUCI\IDOWNI\IMr\QOUOUU COPIES TO. COMMISSION MAY 3 1 1996 PRtSS CU:AK I ATTORN,. Y To: Elizabeth M. Deptula, City Manager From: Ream Wilson, Director, Parks and Recreation Department Date: May 30, 1996 RE: Clearwater Bombers Attached is a letter dated April 25, 1996, from Mr. Bruce Kaufmann, Chairman of the Board of the Clearwater Bombers, Inc. This letter pertains to the grant program that was in effect last year whereby the City contributed one dollar to the Bombers for every ten dollars the Bombers raised from the private sector. Mr. Kaufmann lists contributions of $24,069 and requests the City's match of $2,407. In response, I informed Mr. Kaufmann that the grant program was approved by the City Commission on May 18, 1995, and that it was specifically for the fiscal year of 1994/95. This being the case, I advised him that we have no authorization to consider donations or to convey dollars from our 1995/96 fiscal year budget. (Letter attached) I'm advised that Mr. Kaufmann will be attending the City Commission meeting of Thursday, June 6, 1996, to request additional funding for the Bombers. Regarding this subject, the following chronology of City actions and contributions is provided for your review and consideration. The following information between February 19, 1 981 and April 1 5, 1 991 was gathered from previous correspondence: February 19, 1981 - The City Commission approved a Bomber request for free use of Jack Russell Stadium. Prior to this time, the Bombers paid the City eleven cents for each adult ticket and five cents for each child ticket as rent. February 1 6, 1984 - The City Commission approved an amendment to the Clearwater Bomber lease to give the Bombers 8 $10,000 subsidy. This same subsidy had been given to the Bombers for many years previously, but no legal instrument had been formulated. " October 18, 1984 - The City Commission approved an agreement leasing Jack Russell Stadium to the Philadelphia Phil/ies. This action led to the Clearwater Bombers being relocated to a new Bomber Stadium to be constructed at Carpenter Field. April, 1985 . A check in the amount of $30,000 was conveyed by the City to the Bombers as a one-time final subsidy. This included the normal $10,000 subsidy plus an additional $20,000 to compensate the Bombers for loss of revenue they might have experienced in moving away from Jack Russell Stadium. This additional subsidy was approved by the Commission on the same date they leased the stadium to the Phillies and it was the final payment of annual subsidies to the Bombers. oVer Elizabeth M. Deptula May 30, 1996 Page 2 May, 1985 - New Clearwater Bomber Stadium at Carpenter Field was completed within a capital improvement budget of $219,580. May 6, 1985 - A new agreement was negotiated between the City and the Bombers for the Bombers use of the new stadium. Basically, the City pays all operating and maintenance costs and the Bombers have free use of the stadium and full revenue rights. June 12, 1985 - A letter of agreement was signed whereby the Bombers agreed to pay the City $10,325 over a five-year period at $2,065 a year for the concession stand portion of the new press box/restroom building which had a total construction cost of $73,943. April 17, 1986 - City Commission denied request from the Bombers for advertising signs to be placed on the outfield fence of Bomber Stadium. July 17, 1986 - As an alternative to advertising signs on the outfield fence, the City Commission approved information boards to be placed at the stadium as requested by the Bombers. Initially, this would consist of approximately 15 panels and each would be sold to an advertiser for $ 500. April 16, 1987 - The City Commission approved a Bomber request to refund two concession room payments of $4,130 and to forgive the remaining loan balance of $6,195. This action was in lieu of approving a Bomber request of April 2, 1987, to sell beer at Bomber Stadium. June, 1989 - City conveyed check of $10,000. December 4, 1989 - The City Commission, at a work session, expressed no problems with the Bombers' request to place advertising signs at Bomber Stadium. This serves as a revenue source for the Bombers. December 21, 1989 - The City Commission approved a $10,000 contribution to the Bombers and a maximum of an additional $10,000 for softball clinics. A condition was that students at the clinics would pay fees and City money would be used only for those youngsters who couldn't afford the payments. The Bombers requested only $600 from this program. April 15, 1991 - City Commission approved giving Bombers $9,400 representing the .unspent. balance from $10,000 that was reserved for clinics. Note: Records of contributions are not available between the dates of April 15, 1991 and October 27, 1993. However, during the fiscal year of 1991/92, a contribution of $10,000 was budgeted. During the fiscal year of 1992/93, $10,000 was budgeted and grants of $4,789.67 were conveyed. October 27, 1993 - Grant contribution of $1,022.1 7 as part of 10: 1 matching grant program. May 25, 1994 - City conveyed check of $10,000. July 7, 1994 - Grant contribution of $3,620. September 28, 1994 - Grant contribution of $2,686. November 1, 1994 - City conveyed check in the amount of $10,000. . May 24, 1995 - Grant contribution of $3,397.40. Elizabeth M. Deptula May 30, 1996 Page 3 June 7, 1995 . Grant contribution of $2,545.80. September 13,1995. Grant contribution of $3,917,36. October 6, 1995 - City conveyed check in the amount of $10,000 to Bombers. As you are aware, the Clearwater Bombers have been in operation for many years. They began play at Jack Russell Stadium in 1955 and, prior to that date, used other City facilities. The current agreement with the Bombers was entered into on March 12, 1993 and has 8 five-year term through March 12, 1998. In addition to the dollar contributions listed above, the City also contributes considerable in-kind services. Specifically, the Bombers have free use of Bomber Stadium and the Parks and Recreation Department provides for all utilities and maintenance activities. The Bombers have all revenue rights. Regarding the Bombers current request for additional funding, I regret to recommend that the request be denied. Our reasons are several and include the following: 1. Budgets are tight and departments are continually asked to reduce budgets to the greatest extent possible. 2. The City has subsidized the Bombers generously over the years and it has always been the Bombers hope to become .self-sustaining-. My feeling is that this time has come and that the City's contribution should be limited to the in-kind services of providing the stadium. maintenance and utilities. 3. The City has hundreds of softball teams participating in its programs. All of these teams contribute in one manner or another to help defray costs. For example, teams participating twice a week in this summer's program paid entry fees of $495 each plus non-resident fees. Co-sponsored youth groups such as Little League pay no entry fees, but they do pay $10 for each non-resident participating in their program. Again, I regret making the recommendation to deny the request for additional funding but feel it to be in the best interost of the City- Also, in consideration of fees charged to other City softball programs, I feel it is 8 fair action. Please contact me if you have any questions or desire further information. RMIbd Attachment PARKS\BOOWNS\Rw\BOMBERS 6~tr .. ..'. . ,,--;-- -------..-- -.--_.'. - -' -'" . . , - TEN T1ME NA710NAL CHAMPION FAST P"CH SOFTBALL The Clearwater - April 25 , 1996 City of Clearwater % Ream Wilson Parks & Recreation Department Clearwater, Florida 34617 Re: Matching Grant Money Request Dear Mr. Wilson . ~ . 4PR 29 1996 p ...~..~ ,',,"t\'!) r.~. 'v-_ _.....<f' ~.. ""'t I .... . . ~ '"" ii', I hereby certify to the best of my knowledge and belief that the following is a list of private and corporate sponsorship contributions for the Clearwater Bombers from September 1, 1995 to March 31, 1996. Bradfordts $ Rose & Crown Paul's Radiator Business & F amity Ins. GW Auto Play It Again Sports Joe Knows Autos ' Spy Glass Motel Bardmoor Chiropractic Center Sunshine Motel 49th St. Pawn Bill Koenig Tip Top Pools Aegean Mahoney's Auto Energy Conservation of Dunedin International House of Pancakes Mark Lee Roofing Bay Planning . 220.00 75.00 340.00 75.00 75.00 75.00 50.00 160.00 300.00 50.00 50.00 100.00 20.00 400.00 100.00 75.00 750,00 125.00 95.00 The World's Favorite Fostpitch Softball Club BOMBER HOTLINE 1..800-775-3447 . LOCAL 813-541-3447 · FAX 813-545-1944 f)/lIth/t.hl'lIc!Cf'\: Fr/tlt", J.': SUII/rt/m" .Vig;" . ,-\("'t/through Alt&:IHt (j'IIIWflllll': 7':/J(}/11ll Somes Halo;' r 3omoer St~dium . Old Coocnman Road (North of Drew St,) C:earwater .,.. .. - - - ~---......, ,,- --- - -- .'~ . . i~~" , .. Robert Hall $ Gallery of Travel Trails De'Antiques Trico Electric Quality Mowers AAA Services Data Retrieval Renewal Remodelers California Eatery The Highlands Gem Stones Systems In Touch Dean Co. Carson's Florist Genie Of Clearwater Dr. Levine Foot & Spine Center Art Works Ships & Trips Frenchy's Congo River Gulf BW-3's Herb Peterson Add-a-Cube Byron Seabrook Clearwater Breakfast Sertoma Club Petland Tom Brown K. L. Kaufmann Kaufmann Law Office Calvary Baptist Church Al Estes Trickles TOTAL $ 60.00 4,000.00 75.00 60.00 75.00 75.00 197.00 100.00 125.00 75.00 75.00 75.00 125.00 75.00 195.00 75.00 225.00 100.00 125.00 125.00 125.00 1,000.00 125.00 125.00 100.00 500.00 125.00 422.00 4,000.00 7,500.00 125.00 500.00 250.00 24,069.00 1 I I. i i I J I ~ ~~ ; ~ ~ ~ ;\ Ii ~ \t ~ ~ I ~ f f t i I I I I ! , Q\JZ {" \ i I i i I ) . l I I i I I j f I hereby request the City of Clearwater to provide $2,407.00 from the 10 to 1 matChing grant moneys. ruce G. Kaufmann .0. Chairman of the B rd Clearwater Bombers, Inc. State of Florida County of Pinellas Sworn to and subscribed before me this 25th day of April, 1996 by Bruce G. Kaufmann, J.D., who is known to me. ,. , '. . '., I . .. J a , " '. " - " .. . " ,...- ' , '~---- . .~- .. ---- --- ..... /""',11"",, ",'/~\~l"'.'6--.... "~~~?"~ \'~ I .......-:. ~(.j .' '. e .. E ,,, .. ,,~..-. ~~ ~~ ..,.... ~~ \~ ---::::::. ~l '~TEl~~/ "u,."",' C I T Y OF CLEARWATER POST OFFICE BOX <4748 CLEARWATER. FLORIDA 34618-4148 Office of Parks and Recreation (813) 462-6531 April 30, 1996 Mr. Bruce Kaufmann, J.D. 11151 66th Street No. Largo, FL 34621 Dear Mr. Kaufmann: I am writing in l'esponse to your letter of AP1'il 25, 1996, wherein you requested $2,407 fl'om the City representing the 10:1 matching grant program which was entered into last year. As you may recall, the request for the grant pl'ogram went before the City Commission on May 18, 1995, and the program was approved specifically during fiscal year 1994/95. This being the case, we have ,no authorization to consider donations or to convey dollal's from our 1995/96 fiscal year budget. A copy of the agenda item is enclosed for your review and please contact me at 462-6531 in the event you have any questions. i 1 1 1 ). l ~ Sincerely, " ~ .~ ;f ~ c, j ~ ~ J .~ ~ ~~~ Ream Wilson Director Enclosure RW/mg H:\DA T A \ WPFI LES\~' COH EBt\\R\ \'I..ETTF.H\!,AU FMANN,do(' G> oJ 1(.( -Equal Employment and Affirmative Action Employer" . 'AJ' ';. -=- , CLI1An \V A'I'Elt ct'..V COMl\tlSSION Agel1dn to\'~t M~tHUtsU1t.1Uttt h.m ~ ~..I~ Dill.: 05/19/95 tUbJBC~1 C~E~W^TER BOMBERS G~HT ~ECOMHEND~TION/MOT10Nt 1\PPROVE A G~NT ~noGRhM W"En~BY TUg Cl~Y WtLL CONTRIBUTE $1 TO Tilt cL~^RW1\TER t3oHt3EnS toR tv~ny $10 IN CASU O~ tN SliECIFtc IN-1<INO SE~vtCES TilE BOMDEns RECEIVE J\S OoNAT1:oHS tRaM TilE t'~IVA'rE SECTOR utt TO ^ kAXIMuM CITY coNTnlBUTION OF $10,000 buntNG rlSc~L YEAn 199~/9~. I ~ ~ ,nd th.t the approprl.tt o"'cl.l. be luthorllfd to t~fcutt .Dm4. ~ACXGROU~DI Over the past several years, the city has made ahhuai cont:.rl~ut:iol1g of $10,000 in cnsh to the clearwater Bornbers. J\ddit:lona11y, fat the past: t:wo yeats, the cl \:y htH1 of Cered tl "gt"ant l>togram" whereby t:he city dont:.ributed $1 to the nombers for every' $10 ~he Bombers ~aised a~ contrlbutiohs from ~he private eec~or. hccord1h9 to Oepar~men~ record~, ~he ~i~y gave grants of $4,789.67 1n 1993 and $6,j06 in 1994. Uhder ~his ~roqram, t:;he city's annual ma\:chlnq contrlbut:.lon wns no\::. to e)(ceed $10,000. \I t. . I. In a letter (attached) .dnted ^prll 10, 1995, ~t". nrtlce Kauf~~n~, Chairman of the clearwater Bombe~s, oU\:11heM In-kJnd and cn~h dona~lons of $74,914 and requests a check from the city in the amount of $1,497.~O. Mr. Kaufmann informed staff that the dOhat1dns from the nescon Leader nee ($26,000 worth of ridvertislhg) ahd from th~ Empresa cruise Lines ($15,000 worth of tickets) are ih-klnd contributions \.Ihite the temainder are cash: Hr. Kaufmann requestr# that the city's matchihg grant relate to t:he "lh-kind" ad well ~s \:.0 the "cash" contributions. staff concurs that t:his qriln~ J1rogt:'nm should relat:e to cash cont:rlbut:lons received by t:he. Bombers, but Ohly to in-kind contributions l!tt!!f1~~~;, dr' "edhehtiai \J~"ftlif1'J'l\~tH~ft'PUIry;~nI'V HHU' n~ tftd tar ill 11 J1~o~o:-ftrtu i~~u~"ur.'tU5ni\!itt.~ ~ .\&-tAII ci<<lrwci h4:ii:~mber.lj.tcthd."h'" \:l1e- bt1fnb@t-I'nedt!. 'shd ',~oU ld 'ifjlt:hat'wlltH~ ,..bi ,'wi! ti1'i~ \ lIiUl' awttlrp~'lno,'p\lr8lt!fttilFf~\1\ccorcllt1g1y, although certain y ol \:a~uA, Ut:li~t Wou111 no€'include the $26,000 wor~h of adver~lslnq from ~he aeacon Leader bee or ~he $15,000 value 1:"epresetit:lng \:lcke\:g received from the Empress cruise Llh.es. !f dbducted from Mr. Raufmann'g curreht requeg~, t:he revised ~ot:al coht:ribu~!ohd ~buld amount ~o $33,974 re~uirlh~ b cUtren~ cit:y mat:ch of $3,191.~b. As ih p~st:. yents, s'=.aff's recommehdat:lon 1s t:hat:..l:he city continue \:0 Match up to ~ maximum of $10,000 durlhg t:he cUtreht: riscal year. Funding for this rnat:chln<;J grant: l'togram wIll co'me from "uhat:>Ptot:>riated retained earnlhgs" with an adjustment: to be ~ade at the mid-year budge~. leo.' nudget rUfchulno "',k Mgmt. ciS AcM Other N/1\ }{iA }fit). NiA N/.A .r o,rgrnntlnd On",,: \ V', I Co.": $3,391.40 l~lj ,6.~ l'a t'kd , nl'!cren\ 101 H:ud""". Annll" I COlft: nf ,~~ $10,000 U'Of tJo,,": . tUII."I H r n r k 8 t n... crt ft.\.: ...11 S ..l runono ouret: Advcutllod: \ I _ C""f. "flp. bnt..: _ O,.,."",lno f'nf'ler: ~ 0'"'' Commluron ActIon: _ ^tJ~rovlld _ ^t1~'nVlld w/condltlon. _ Oll"lorf <::0"""",,<1 to : novlowod by: 5ubmlllod by: Atlechmont,: 1. Let:.t:er tram "r. Kaufmann BrucG rl'V Mnn"(1'" X Not uqullllC:l A"Gctlld J:lIuUU .tl'l"rt,,~ _ ~Jof , "".,I,.,d ^l'Ip'Of'ltlnllon Cod.: Un"t'I""'rr I", r4" n,.t" I ",-,I I1n r-n , "",,, "0"0 Profit & Loss Statement 1011194 Through 9/30/95 2/21/95 ~OMBERS-BOMBERS,CLRW Category Description INCOME/EXPENSE INCOME Award Away Game BucsBomben Clearwater Concession inc. Curp. Sponsor Fift). Fifty Gate receipts Golf Tournament HOLE sponsor Kauf- Penonal Kaufmann Loam Memorial Toumy Pen. donation Radio Ads Raffle Snack Bar Souvenir Stand Stadium Seat Yearbook Ad Income - Other TOTAL INCOME EXPENSES Advertising Esp Bank: bank ser fee O,'erdraft fees Total Bank Banquet Bus. Insurance Charit). Commission Concession: Supplies T-Shirts Total Concession Concession Exp. Concession Sup Equipment: Balls Sports Ec(ulp R.e. .5 c... Page 10/1194- 9/30/9~ '\ 500.00 500.00 213.00 22,546.56 200.00 17,008.73 91.50 2~509. 87 1 \ 755.00 , . f 450.00 I 10,099,61 j 17,195.63 ~ 4~500. 00 ~ ..l 175.00 1. ., 300.00 ~ 450.00 1) :i 80.00 ~ ~ 200.00 ~ !1 967.73 }~ '1 ~ 50,00 jI '}: ? 3,090.00 ~ 1 505,00 . $ . , , 82,387.63 f l I I \ 3,176,34 161.16 264.00 425.16 470,00 272.00 29.98 2,556.76 56.22 2,546.89 2.G03,11 272.50 1,211,03 58.80 644.94 2/21/95 lOMBERS-BOMBERS,CLRW Page ..... "'.,... ~,.- - Profit & Loss Statement 10/1194 Through 9/30/95 ("'e = ES c Category Descripdon 1011/94- 9/30/95 Uniforms Equipment - Other 3,672.10 28.19 Total Equipment Gold UnUmited Health Ins Insurance: car 4,404.03 27.40 147.00 500.89 Total Insurance 500.89 Legal expenses 670.71 Ughtning Game -413.00 Meals & EntertD 30.24 NZ: Air 1,953.30 Bus. Utilities: Electric 447.32 phone 609.67 Total Bus. Utilities 1,056.99 Expenses 5,452.86 Rent 4,908.00 TOTAL NZ 13,371.15 Office: Office Supplies 238.96 Total Oftlce 238.96 Old BlUs: B-IDVE 121.35 Car 279.00 Donna Gesicki 150.00 Other 863.73 Old Bills - Other 2,500.00 Total Old Bills 3,914.08 Postage 276.36 PR: PR Sen'ices 104.00 printing 100.00 Program 100.00 Radio Broadcast 927.50 Yearbook 4,133,73 TOTALPR 5,365.23 Rent on Equip 50.00 Road Trip Esp 1,667,00 Sales Tax 40,00 }, ,~ , fl !~~ ':I Sc .. ,; Profit & Loss Statement rc. - I .. 10/1/94 Through 9/30/95 I 2121/95 Pagt it lOMBERS-BOMBERS,CLRW I 10/1194- Category Description 9/30/95 Signs 1,195.00 Team Expenses: Out of Town: Auto 273.44 Hotc 2,383.91 Hotel Costs 100.00 Out of Town - Other 1,088.54 Total Out of Town 3,845.89 Team Expenses - Other 21,535.00 Total Team Expenses 25.380.89 Tra'\'el 1,772,00 Tmy: Air 4,566.13 Registrations 360.00 TRAVEL 1 , 1 73 .18 Total Troy 6,099.31 Trophies 521.90 i i Umpire fee 3,593.00 I visiting teams 1,000.00 j . Wilb)'~ommis '\ 1,300.00 1 Expenses - Other 466.00 , , TOTAL EXPENSES 82,635.03 I , TOTAL INCOMEIEXPENSE -247.40 I I f i , , ,.,.., " . .' , ". . ' , . " .. . ' \' , . , I'" r ,. I ~ .... . " . .. ... r1I1I--......... ..._ , re. :: ~c; Balance Sheet As of 9/30/95 2/21/95 IOMBERS-BOMBERS,CLRW Page Acct 9/30J9~ Balance ASSETS Cash and Bank Accounts BOMBERS,CLRW 179.49 Total Cash and Bank Accounts 179.49 TOTAL ASSETS 179.49 LIABILITIES & EQUITY LIABILITIES EQUITY 0.00 179.49 TOTAL LIABllJTIES & EQUITY 179.49 PETROLEU1\1 CONTAMlNATION INITIAL REMEDIAL ACTION REPORT FORM -p~ R e. c. \; f...-JL ~ 'I De lJot a l1-r~ f.n e ,- An Initial Remedial Action report, detailing the initial remedial action (rRA), should be prepared to ~atisfy the requirements of Chapters 17-770.530(1)14; 17-773.500(1) (a)4i and l7-773.500(2) (a)4, Florida Administrative Code, (FAC). This form may be used ~or the ~ report. Additional pages may be necessary in order to properly document the IRA in detail. Failure to provide complete information may result in delays in technical revieW's and in reiJnbursement of task. This report fonnat (or a s.i1ni~ar completed report detailing the IRA ~ctivities) should be sent to the appropriate c:Jntracted local program office and to: Florida Department of Environmental P~otection Bureau of Waste Cleanup Engineering support section 2600 Blair Stone Road Tallahassee, FL 32399-2400 (904) 488-3935 " I. FACJ::L.I:TY N1UCE: Paci~ity Address: DER Faci~ity Number Date !RA Initiated: City of Clearwater Former Solid Waste FAcility 1407 Russell Street, Clearwater, Florida 34615 (if applicable): 529401347 09-26-94 Date IRA Completed: 09-26-94 IZ. FREE PRODUCT RECOVE:RY A. Type(s) of Produc~ Discharged: Leaded Gasoline B. Quanti ty l. Estbnated Gallons Lost: Unknown 2. Gallons Recovered: N/A ~~ough N/A (date) 3 . Attach Exhibit Indicating Amount of Product:. Recovered, Dates and cumulative Totals. c. scaled Si"te Plan, IndicatL'g the Locations and Thickness in Wells, Boreholes, Excavations, or Conduits and Wells utilized for Recovery of Free A tuc: a Product Utility Product . D. N/A Method of Product Recovery: MAY 1994 Florida D~eot o( uniromneut:li Protectioa , ",'" ~'" . --~ ',~ .AlGMF.nvironmnllaJ PDle J 1.0 INTRODUcnON On Tuesday, September 26, 1994, two 110 gallon used oil underground storage tanks (USTs) were removed from the Clearwater Former Solid Waste Facility located at 1407 Russell Street, Clearwater, Florida. In addition, excavation was conducted in an attempt to locate one 4,000 gallon UST formerly containing leaded gasoline. The tie-down straps were uncovered, but the tank was not located in the excavation. The tank had been removed at an earlier date, based on these findings. Photographic documentation of the tanks and tank pit areas (after excavation), and also the former location of the 4,000 gallon UST are contained in Appendix A. The fonner location of the USTs are depicted on Figure 1 - Site Plan (Appendix A). Manifests documenting the disposal of the tanks, one 55 gallon drum of tank bottom sludge, and associated liquids are contained in Appendix B. The laboratory results of a composite sample (S-2) collected from the sludge drum are included in Appendix D. 2.0 ANALYrICAL PROCEDURES 2.1 Soil Sampling and Analyses During the excavation for removal of the two used oil USTs, soil samples were continuously collected from the excavator bucket and inspected for evidence of waste oil contamination. No visual evidence of used oil contamination was detected. Due to the rusty conditions of both used oil USTs, the on-site Pinellas County HRS Inspector requested composite samples from the base of each used oil tank pit (Samples S3 and S4) to be analyzed for total recoverable petroleum hydrocarbons (TRPH) using EPA Method 9073. The laboratory results are as follows (see 'Appendix D for analytical, results): TRPH DATE SAMPLE CONCENTRATION (PPM) 09/26/94 09/26/94 S3 S4 60 84 Clean Soil Standard 50 I.IQllaosU1U".f2(X:)4J . I ~.., t....' ~. , . '\ . -. '.' ... .., ~ . . .. . MGM Environmcfll.tJl Pale 2 During the excavation for the 4,000 gallon leaded gasoline UST, soil samples were continuously collected and analyzed with an organic vapor analyzer (OVA) (see Figure 1, Appendix A for sampling locations). Each soil sample was placed in a 16-ounce glass mason jar, leaving approximately half of the jar empty for soil vapors to accumulate. The jar was then capped with aluminum foil and allowed to stand approximately 5 minutes before inserting the inlet probe of a Heath Detecto Pak ill flame ionization detector (FID) through the foil cap to facilitate the analysis of soil vapors accumulating in the headspace. The FID.is capable of measuring total hydrocarbon vapors in concentrations ranging from 0 to 10,000 parts per million (ppm). Methane readings were recorded from a duplicate sample using an activated carbon filter. All methane responses were subtracted from the total hydrocarbon vapor readings during final analysis. All glassware was thoroughly washed and rinsed between each sampling event. Table 1 contains the FID responses produced during the analysis of samples S5 through S8. Chapter 62-770.200 Florida Administrative Code (F,A.C.), defines excessively contaminated soil as "soil saturated with petroleum or petroleum products or soil which causes a total hydrocarbon reading of 500 ppm for Gasoline Analytical Group (or 50 ppm for Kerosene or Mixed Product Analytical Groups) on an organic vapor analysis instrument with a flame ionization detector (FID)". Since only leaded gasoline , had been stored within the area of study at this facility, FID readings of 500 ppm or greater were assumed to indicate "excessive" soil contamination. From Table 1, "excessive" readings were recorded from samples 55. through S8 at various depths within the vadose zone. The water table at the site occurs at approximately 6 feet below ground surface in the area of the former leaded gasoline UST. All "excessively" contaminated soil was properly stockpiled on and covered with visqueen. On October 24, 1994, 16.16 tons of "excessively" contaminated soil was transported to KIeen50il International, Inc. of Palmetto for disposal. The pre-burn analyses (sample 51) are contained in Appendix D. The soil disposal manifest from KleenSoil is contained in Appendix B. MGMla.osuRE/1tX)4j . . . , , , t ' . ... .. . , . L. - ~ ,,~"" " , fI1 '. . CC" . ell.. :: CD .' t/) ~ /.;.. ...1.'... Cl E-o o ,..00 ::: o::J ~:::- o cs " ...JO~ ...o~ ClOCl eo~ ,...q<Cl 0..." c.. 0....1 o ... d) - ~ o C/) o N " IlO CS '" o i L lJ ~ " ..c C7J ~~ .~ ~ .?;E. - ;':c;o) - ~kJt/) ~o ~ OUt: Oo;;d _a~ .. '''; -11= '1" ...: ~~ -'- ...~ csa ~'O dc:l U::l )Co r.:lCQ . .. >. - ~o a 0 >.CI= CQ ~ --' 0. '0 - Clcs~ 4J )( Q >Clu .... --0 cs :.. :e.... ~ Qi' "csrn cs CD ()... - Co 0 >4 He- Cf.l t:a1oO 0 1~ 0 '" 0 s:lo ~ s:lo .c: oc( ........... : f-o - 1 . .,' ..,............ en .- 1'1 I u - a i: lit 0 a .... ==- -- '0 1 - ...., .. u c:l roo ::: U ., ::l e G 0,",- 0 ., .. ~ -Ci .0 Cl ~ CI c:l .9 :II >. ~Cl c:l u '" .2 - :II Q) d 8.0 ~ ... .... 0 IS Cl Cl () QD 11I- > ::l s:lo Cl '0 Q) 8 -... u 0 -0 CI o_ M r.. ~ .... 11I_ 0 0. 0 . I ~ I - CIS - I c 0.. r.. ::I " tlO ... r;:: - en .:::uN .., CiO.:.c 0,,= 0"''' -~ :.. .. "'"'li!; , '"1''' ll'l 00 ::;: IICl >~ 1Ic:l 0::1 140 llilCQ >- .... .... - .... () cl rz.. o.-J ....... U cl Q)g:JU"O .... CIS r.. .... CIS~'" ~ It 00:;:" r.. "d _ .... ca .... .... alo U ..: -." tl C U "'4 0:1 .... .... ... E cl o 0- !s: >. Ei l'- ~ .......0 c _ O~_ Orz..... 0 ~ CI:l ......... C\1 o "'" .... - Q i:i rz:l l'a1 t: en -< >: ~ l'a1 Cl ~ .....::J~ .<X: --: ~~ z-s ~~ ::s~ Z~ O~ ~o 1-4~ >-= z~ ~-.: ~ ~ ~ , 1 ~,,' . ' . '\. _. I .' . , ...., . , . . I" . f . u :E o II CSr.. OC) "'~ .. CluCl e~ u ... ., Co o,,~ l'a....JCl . 41 o - ... ... o I ~ . ':' r ~ . IRA Excavation . . '. ;.' .q JI I )..',1 {l. r I' . .,A . \ .~ ~ ~. ~~ I~~"~; IRA Excavation Boundary ~~GM f~v~Jro9~D~'f~J~:I~~1 PHOTOGRAPHIC DOCUMENTATION ~. .'t ~#" ~ '; ;.Jo' . '\:. ,!p. ' ~. . ~ I, ... : ~ ~"'~'. " ....."~~"" . 4 ./: I, ~};~~ ~ ~..\: ~ ~ ~,'~I ~. "t :$:' ~ ~ ... ~ . . "~" ~ .,- .'" I " ~ ~{ , ", ", ., -- . :~ ~'~.;~t;:l1\, .. - " . .. ,'h :,...'t'o '~t> ..l"-2 . . '. ...:] '. .: ~ 'I Tank Pit " '\ " I I , I I i i ".'~ . I ~ , ~ , t=-,.-, I ~~~ I ~,r I ~,~ ! , j I. I '- t. ... ;",.. . -J . '. '" Tank Pit After Excavation :,'~J~.~i;1-,"ji a.~~.~,~.I.,! r~\,V, ,;1,-' E N V I RON ;\:1 E N TAL \_ \\::.. _ U \ _. \ JUJUlOn 1{ I( f).V SHVlCf~. inc PHOTOGRAPHIC DOCUMENTATION . ." . . , . ' . Ill" . ~ .' \ .. , . ~ . ... . . . -r- --... . . ~ ~. . " . . to ,.., ~_...- .......-_..~__ -_.... . . , .. , ':r ~~'f::;:~:'" , - . -- .. - _.~ 110 Gallon Waste Oil UST ; "W'"?1I 'ti~~!\ ,.,.,"'f' " 'I ';1,:, , ,. '. I.; -. r', . '.J~" , .. . -.""1; L." j.., .." .;" '" " 'o,r,--.I.,' . '. ... . ,-,,,,',, .... .' . l.' 110 Gallon Waste Oil CST M G rMl f ~v~Jl\o9 ~1J~1 t:r~:!:.~ I~~ PHOTOGRAPHIC DOCUMENTATION .', . ,', .'. """'" ':.'. . -,., . " . ",-" . . . .------- "'---'.-~'-' -..~-...- "~. . .. '.', " . . ~~. '~~f\ .. I . .' 0 . , .', ,'. '. ,,' . qfli~~~:~to~[Yiel(J::h.&ti~iii~~ iri';(JoV\lntoWo'CI .' ..~,.,.,,;: .: . . , ':: ';" ,.., ~. "(''!'''1.""".,. , .... ,',,,, """.' .,.'" ,.""e@~~1~r .~. ",.,. ~ j. 'l, " I . " .'. " .' . \ ,'. . B O.o.RIOSBY~" ;,:,',:".:-J' :." "f ,'. . -,,- .';. .;'.. ~ ",.;" n' ..,..;, . ~.StlffWrltef ::1' ~l"" '1'1!'~ I",,,,' \ I' 1 ,... pays the Interest. aald agency executive director ; :.,,.,, ,'\I':"\~':"4'" ".. I"~ (" Pe.te, G~. The eRA geu,its money Crom taxes ".' ' CLEARWATER c- The recommendation has pcud on.lllcreased property, values downtown and . come up r~peate:dlY o~~'r... Vt:. years: ~ui1dhou!ling " ~v~ts It.!~r. redevelopment;~'l'" :...~'; - \';'" ,~owntown.;, ",; " \.;. r,f,"" "~'~'::"')l,:i;,t. Gozza said the latest redevelopment plan ca1Is' ~,:" Finally it'~ corning true~' Office space on the . lor m,ore thll;D 1,000 new ,rC:.Sidenti~ ,UI?ils down- '; second and third floors oC the Colony Building at 423 town. Tsalatinos is the firSt to make Ilse ol CRA :~::~~.~L i;s,~~.te~~:~~~~,~?d~:!*-~~~~ ~M- ~;:~rl~~~~t ~IU-Y::~~ ~\~.~~i:'~t:;8:~LS~V:~ '.' '1, The own~r' ~f the bui1~lng:':r~rry 'T~aiatfuos,. . Lo,ca1,J.Us~orian Mike Sand~~s 'say~ "it's been a . borrowed $50,000 through the Community Rede- long time smce anyone has lived over storefronts veJopment Agency. It's an interest-Cree,' five-year on Cleveland SlIeet downtown:-=- probably since the .loan.", ,'1,'.:, ." - c' ~'l.:,dJ! ~,::~~ f,: I,'I~, ':~l: ",j' 19403 or 19503. ~en there was only an apartment .. ..''- ". ....'1 L \~~.\ ,if~. '.., 11m.. ptMJta -"IM DAtoo\MQ .. Tsafatlnos declined to say how mud, more than here o~ ~ere, D~~g a~ c~n~entrated as six apart- The owner or this budding 81'423 t1eveland S1. In.J)' II. the $50,000 be is putting into the renovations. He menls mODe bwlding. ....\ · .'t't,,~: . {J.f ~~~\')'I . downtown Clenrwater plans to convert second- and 'did say. he doesn't Ulink hel would have, done the ,"It's almost a pretedent in the history or dO"'ll- thlrd-nOOC' offices Into six apartments. . ,~ 1', ',' project WiUloul the CRA's help. 1 ,',',,;., ol..... ;I"~' " , town to have very nice resi~ential occqmmodatioos" , :. \, Banks lend the mane)' at prime rate and the CRA ' '~".'''~ .. Pleaso"seo HOMES Pago 9 . " ~~,~.~~,~l!U~ ~ "~~I"'UI ~ ,I~,,,, 0) '. ." re.t~~~~e..n~ t'~~~epla'n~';: . After. opposing a rineed the lake, . , t' ' townh d e1 The neighbor. rallied, going 10 ' 1 .~ ,\, ouse' ev opment far al to hire IdentialJl to docu-..t, , 'I north of Beckett Lake I. ~.. rr.ent the wildlife there, including a ' '.' I " Estates last swnmer, wood .tork. whicJl it. an L endan- ': t \, nearby 'residents only e~ed apeciea. ,..t. iF\'.~ ~'i"/ hJ,.~ " praise.this venture. ~,TheCountYCo~salo~~J~: :-' 'l' 'I ., t . ,. 1 I turned down the tesooing that the I' ." I, ,'.. . t ". developers needed for the town- By NED IEATOH house project. The longtime prop- n..-Iltft..... erty owners - citrus growers '. ;... , Sam and Ruby C,lhoun - went The bat time developers came back to the dl'1wg board, lttor- to the county courthouse Cor per. ney Tom Nash said. mission to build on I vacant 10 ' What.emerged was the retire- acres neu the corner of Belcher ment home pb.n, which c1usten and Sunset Point roads, neighbors development on the north end oC packed the place to denounce the the property. That keeps people plana. '...1 ~. ,_,; \: ,! .. and buildingsaway from the woods .,,_ . J ' ,.. i,. , . and' habitat around the lake and, This week" a handful of the away from the neighborhood to the :same neig~bon Ihowed up, ling. south. . '. inS the praues oC the county stAff. ' ' en who helped broker. deal ~l ....Y!e b.ave our neighborhood: will put. 95-bed retirement home back. Scrivner said. "You can still . Ptllhe property rather than town- see. wooded area in Clearwater ' b . (,. FJ 'd " · o~.. ~ 'I ~..) ,'" I,' ,," ,~~ .. i.'"" .,. . . " '~y~~'~r~ ~bout the ~~~~. "The deal C2me as'l "real ~cri- ' ty,", Julie Scrivner told the com- flee" to the Calhoun family; Nash ' missio~'I'"y~,,'ye. proven it," .',' said. But it still provides the lamily , . 'f' '.. .... ~, :.. '. . I " with. ~ reasonable opportunity to .- . Scrivner and other residentS of sen It Cor developm~t. so every- . the Beckett Lake Estates neigh. o~~ :sh,ouJd bene[.it;,~et said. ',~':.'r . I' . borhood near Clearwater were ~ PannoR Enterp~s,'. 'British t...~ r~ '. nervous about the original plans to ftrnl with experience developing' . I put up to' 42 townhousea on' the retirement homes in that country, I property,' which is just north 0(' will del' . . ' : \ their neighborhood. The property ev op the project, Nash ~~.,:' . Includes woody areas and Beckett - Ned Se.ton, the TIm.. Plnellaa -':' , Lak" . f County government repofter eM be I. , . e. ~ Ilpnng- ed body wiUl a few. reKhed at 445-4188 or br ~I at ~~,.~. t, h:ua.' Townhouses.. co~Id, have n..alon..ptlmncom:o: 'I~J '; .' I" f , .'1 I :: ' " "I ~. , , . ~~_. . 4t t~+, 'f5t).. (:1.' mti , 1 ," ,..;r , , Downtown"'i ":'~office~l ~ la\~"'1 ':"~;'\ . '. "Co" '/'. OJ,. ....... 'P:fll.- "I.~.., .,', :, -) ,(J r.n ,../t- .. ,\I M l-,llP" \ . ~'. ;" \ , ~ :~, \ tnn9,~~, Sq~~ly ~ , . I "'..~~iL"'(""'I' ~""tl'II' ~~, ., ( :':', . Theoffice'Coin~lex.IS' . ~!:~!;f"" ~ . I . I, . I ....' ,. I' . .\ " ,expected t<? cost 24.1-million; upfro,m f1:1e _$20:-~ .~'tu~iii~"t , estimate 1t '., Ij't. 'I ~. r dr~., . . c. , ... t f. 'If' ~' /'11 1'\., .. , "", '" r '. ' , , ~ 4. ....j . ... . I ,J " By TlfOMA8 C. TOBIN i'J . 1".'" .'~ '.r, _: .'." TknM ItaffWllilr 1, ~ 0 f' \ 't 'if ..., . ~,;t'J'.' . . ,~ I~" ;,. t "'1'. li4', CLEARW A TERh-~ A new' down'II.' , town ~tr, office. complex'; long billed u a " $2()'millioo proJCCt,'has men In cost by', , .,8tbc?ut ~~ pectent.:. ,~!~~Mi,!' ~,.'t:Y~~..i~ I', . . ,The total"known cost~' for the p'roj-..... . \ "~ ~t,now.lt.ands at .$~..5-million. ICcn(d":ll, ' I In,g to . ~mo made pub~c F,rl4aY hi the "; , <r~trTh;\~!~bkilll ~ffice. ~~\A'r.~~ 1 :'~~,i' "' ~. e 18 expected; to grow even" . mo~\.Tbe. memo Itatea;that"'OffidaJs.~tf' :, ha~e'yet to ~ sonie~g'costl- .: .. 'Cor ~ew phones and compttten f6t whlch~ .... '~ey have no eatimatea. ....",:. .; "ji "".1.'1:'1 ..; I ~" ,\1. .'. ,. , ,;t~ r ~. ,.,....;:-~ : ,.,.:. . "The lnCfease of more than $4~million' . . . ~.. C?meS from costs. that were 'pot publicli' ~ .~~. discu~ when' oty offidals canceled I' . p,Ianned,relerendum on theftoject and ',", approved it in 'June 1994.11, . " ..,,' . , t. ' .. .,J . · ~f\:t,. 'l ~r. , : ,.' .ITbe moat significant itema cOntribui:';) ." ,\ log t~ the increase. include nearly $2-mi171 . I 1ion.~I:.comp~ter. costl.,a~$1.milJion.... 1. (. pbon.e .yatemr-.\ $11,1,000 reteDtloii~ ' : ;. pol!d,$13.707,:-vorthofneWaidewalb,"'! I j , new $13D,OOO. ,-TV atudiolfor;dtY'ab.Je~t' I " . broadcaata 'and 'thousands\ol;dol1an~' '. ,..:~moymg",~~~~A~~' : t.. ,':' ~~, oot }nc1ud~~tl:! project'. 1,' , Ongll~aJ budget was the,$525.000, it tCist ~ . the caty ,to.bu1:land Cor, the ptojecL'.The ~ '. land '.was.. purcbasedS:Crom': lhe..citY:,l!' . downtown .redeveloPlpent.agency.~.' I... t.\ The rompiex,: cent~t;(j'ar~t 'Ave.i I, '.' nu~' and Pierce Stre~ti w:iU house a.!lev[ ': I police h~dquarters,and offices Cor.nu~!i I merous oty departments. .The police wjIi ~ move~ {rom their 'aging '.headquarteri~ a~ross ~e:stnel:Several, other offieea;l1 , will move from quarters in'the old City,\r Hall Annex building 'at Missouri 'Aventie~' and Cleveland,Street,.which will be tom:" down.'~;yJ I'; I;. :: ~~u. 1: ~,. ~J,:~~ ;'A' If.' . ..: .. ...~ . ...,.. ,f '., '.' '.,,,.. p. . . The move is expected to be complete ~ by late March; .. ';"1" :;"}',l,:', r t,I;' :. ,,~ " . ..~If .' .;I.... "J....:.... ,Ll .: Or- . #'..:i,' ~ ..;..,.:,...... .'" 1c.'.......J.r.-;,:.. ,. I~~.~ ," ",'..,' . ""'. It;.'. '~~ I . : I I I \ I 1 I ! I i I 1 " " I. " ." . :'.. . : .' . . . . .. : . . . . , . Item # 8 I ~, ~ jj I ~ i ~ I :c .~ f f f ! ! ! i F 967 \~: \' '~! " cP'l Clearwater City Commission Agenda Cover Memorandum 8 Item # Meeting Date: tP .~, <10 SUBJECT: Petition for Annexation and Zoning Atlas Amendment for 2275 Manor Boulevard North; Owner: Christopher J. McClure (A 96-20) RECOMMENDA TION/MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 85, Clearwater Manor, and pass Ordinances No. 6036-96 and 6037-96 on first reading. [] and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT PROPOSED ZONING DISTRICT PROPOSED FUTURE LAND USE CLASSIFICATION Single-Family Residential "Eight" (RS-B) Not Applicable REASON FOR REQUEST ~ Sewer Service II ASSESSED VALUE OF SUBJECT PROPERTY : $ 45,700.00 II Reviewed by: Legal Budget Purchasing R is k Mgmt. CIS ACM N/A N/A N/A N/A N/A Originating Dept: CENTRAL PERMITTING ~<- '-'J Costs: $ H/A Total User Dept:: $ Current Fiscal Yr. Commission Action: o Approved o Approved w/conditions o Denied o Continued to: F- Advertised: Date: 5/27/96 Paper: TAMPA TRIBUNE o Not Requi red Affected Parties E!lI Notified o ~ot Required F~ing Source: o Capi tal Imp. o Operating o Other' Attachments: ORDINANCES NO. 6036-96 & 6037-96 LOCAT ION MAP APPLI CA TI 011 Appropriation Code: o None .~ ,... Printed on r ecycled paper A 96-20 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCATIO OR FUTURE LAND USE N COUNTY PLAN CATEGORY Subject County Residential Urban Property North City Residential Urban South County Residential Low East City Residential Low West City Residential Low ZONING ACTUAL USE R-3 Single-family residential RS-8 Single-family residential R-3 Single- family residential RS-8 Single-family residential RS-8 Single-family residential .. The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. ZONING RESTRICTIONS .... ..... ",.. ",0<.' ...................................,............ . .................... . ................,. DESCRIPTION RS-6 REQUIREMENTS ...::. .::::,;::mUf1$iS;):;:,}f,:.}T.U> ):)'R: <:EAIHla::':'E:::::'M"':: ENTS:'.:;' <;:;::::::-:.::.::<:..:M:H::::::<>.:::::..:-:::,:-:...:...:-:-.::.;..':::..::::-....::::;:;:::: EXISTING . . . .. ......... . . . .. ....,... ................. Density 5.5 u.p.a. maximum ........."...... . . . . . . . . . . . . . . . . . . . . .. .. . . .. ..... ..:~.;:~i',::y:~Pf~.?:.::.:in:r.::.<::-:.. Si n g I e- fa m i Iy re si d e nti a I :-:::.:::.:<:>'.::-:-:::.::::.::;..:::..':;.::::::::-:'::::::;;:;:::;:: .::::.;.:.:.::.... ..: ....::.>.: ;.:,'ma:x:lm. .U: .m<-::::::.:::::.:'''::::-:'.::::,'<-:.:: .... ;>:,:~;-:::-:::,;,,:;,:::>::;::;::::>::::-:::;'::":~:'/:~::::::;:::'::::::;::::::::::\::::':.:';:" : 70 ft. minimum ...... ;.......;:-:::.;.::::::;:::.:::::-:;:;:::;:;:::;:::;:.....'................. !;II~I~~f!:~i;';'!' 6,790 sq. ft. m.o.1 70 feet Lot Area 7,000 sq. ft. minimum Lot Width at setback line ........... ..... . ........,.... . :~~::..tt.~:...[roig~m4V1. ...... 97 feet Depth 85 ft. minimum OTHER REQUIRED REVIEWS AGENCY YES NO X X Pinellas Planning Council/Countywide Planning Authority Florida Department of Community Affairs ABBREVIATIONS: R-3 = Residential, single family district (County); RS-8 = Single Family Residential "Eight" (City), u.p.a. = residential units per acre A9620.cc .. t '., . , , '. . ," .. .., '" 1~~~~~r,~OO CENTRAL PE~MlTTrNG CITYbr CLE"i=!\'Ie. T::A <.'J '. PETITION fOR ANNEXATION '. '. city commission city ot Clearwater P.O. Box 4748 ,Clearwater, Florida i' :;~ cOJllJllissioners: We, the undersigned, being all owners of the described real property, contiquous to the present boundaries ot the city of Clearwater, and situated in an unincorporated area of pinellas county, Florida, do hereby request that said property be annexed into the corporate ll~lts of the City of Clearwater, Florida. --1 We hereby further request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as sat forth on the following page. Attached hereto is a current survey of the described property, (If it is unplatted), together with a cortiticate of title from a title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. The undersiqned have been advised of, uhderst.and and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improvements which are erected upon said property subsequent to the date of this petition tor annexation shall comply with all applicable City of Clearwater regulations and ordinances as set forth in the City Code of Ordinancear 2. to convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and ~anner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; bnd 3. when any, .ubatandord abutting str.et or utilities ar~ subsequently upgraded by the city to meet city standardsr saId improvement will be done on an assessment .basis. cons18tent with city procedures therefore. We" the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoin~ Petition inclUding attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and VOluntarily made with full knowledge thereof. Ch me (!~r1s.Jr,t)o/ .3". MCCwr~ . STATE OF FLORIDA ) COUNTY OF PINELLAS ) Subscribed and sworn to before me this -/.ri-day of 19 9.fl.f! I}JlA.A / My Commission Expires: _v! (,.(4.j- 1. &1IA4~//,'~ NO'ifify D' 0 .c ~.~:.: ~.: .,} " .' .\~ ~ ;.',." * . .....,.:. , ":. - ~ LAURA J, UUROP..ss ' '.' Nolary PI..b1oc, Slalll 11 Florida . My Comm E'Jl)ims Oct 2ll. 19l1lJ No. CC 395170 !IA' 'k'd Inru lllW,I,llI:Ila" In9tlW '. \.', . . . . . . .~ . . .~.... .. ,. ." .. 14 ~.J J ~ t B.! :I: IBET 22 ~ 15 fSE.8 t8Z1 16 21 I ISU tBI5 I 17 20 t81~ 47 ~ .... I ~;; <C IllS., ~ ~ f8Z7 en 46 24 18211 45 t~Z~ 1815 41 1816 50 1809 48 49 21 f810 60 1809 1810 5..~ 1805 DR. 20 :> i2 C ISIt . 18 IIUI!J l- II ~ 835 19 ~ 1( I63R m tSt3 20 t8~ IS:.! 18 19 t809 1810 0 10 ~ - ~ C\j ~ B Of 60 59 58 2 1 1 10 9 ~ .. 5 0') t:: ~ ~ANOR 50 Q ~ 78 ... .,.,0 9 '782 177t 17tI7 77 758 ]) 754 '150 co 5 56 55 - ~ 16 ~ tam 19 ~ a 82..32 1 ...7 ~6 ..5 tl" ~ ... . Of 4 34(022 .(!) COACH 68 247 PROPOSED ANNEXATION AND ZONING OWNER: Christopher~, McClure A: 96-20 ADDRESS: 2275 Manor Boulevard North PROPERTY DESCRIPTION: Lot 85, Clearwater Manor LAND USE PLAN ZONING COUNTY: CITY: RESIDENTIAL URBAN RESIDENTIAL URBAN R-3 RS-8 RIGHT-of-WAY: ACRES: O. 16 ACRES: ATLAS PAGE: PLANNING AND ZONING BOARD: May 21. 1996 SEC: 06 TWP: 29 S RGE: 16 E CITY COMMISSION: .. QRDINANCE NO. 6036-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF LAGOON CIRCLE, CONSISTING OF LOT 85, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 2275 MANOR BOULEVARD NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 85, Clearwater Manor, according to the plat thereof, recorded in Plat Book 41. Page 66, public records of Pinellas County, Florida. (A96-20) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-ot-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records ot the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: Leslie K. Dougall-Si Assistant City Attorney Cynthia E. Goudeau City Clerk OrdInance No, 6036.96 14 .....J ~ ~ 11.3 .38 1634 I t.rI ran flUt 22 18 15 24 , 43.S ... 11 f B.l.8 1S18 a 18Z:1 ~ au 16 21 19 1( IBU 11$1 '816 1811 20 17 20 50 ,.,,. 1818 I~IJ 18 19 48 49 21 21 8'0,4-2 43 fSZ1) ~ 1lt01 1810 '810 eo 18'0' 1810 ~ 8()6 g OERSUlLT OR. 20 ~ OR. !o a t~ a fi 19 59 ~ 1 <4 2 11 10 9 8 7 i ~ .. <> a f>C ~ MAN~ 50 78 710 '7'Z 1'T11 17rI 34/022 .(!) COACH 68 247 PROPOSED ANNEXATION AND ZONING OWNER: Christopher rv" McClure A: 96-20 ADDRESS: 2275 Manor Boulevard North fROPEP.TY DESCRIPTlQ.N: Lot 85, Clearwater Manor LAND USE PLAN ZONING COUNTY: CITY: RESIDENTIAL URBAN RESIDENTIAL URBAN R-3 RS-8 RIGHT -of-WAY: ACRES: 0.16 ACRES: ATLAS PAGE: PLANNING AND ZONING BOARD: May 21.1996 SEC: 06 TWP: 29 SAGE: 16 E CITY COMMISSION: ua~...... ()nlin:lnC'(l ~(). 1l036-9h . .. OBDINANce NO. 6037-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED NORTH OF LAGOON CIRCLE, CONSISTING OF LOT 85, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 2215 MANOR BOULEVARD NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL "EIGHT' (RS-8) PROVIDING AN EFFECTIVE DATE. WHEREAS. the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pine lias County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 85, Clearwater Manor, according to the plat thereof, recorded in Plat Book 41, Page 66, public records of Pinellas County, FL. (A96-20) Single-Family Residential "Eight" - (RS-8) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 6036-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Leslie Douga City Attorney Cynthia E. Goudeau City Clerk Ordinance No,6037.96 ~~W!'~~~","_t~ll!llIMN.IWlL ~ ~ ~3 !.,(,:;) ... . 4--4 f &.U '~UI 52 .>8 -~ 14 4...j ~ fU I t.I:7 22 15 f&.U ,t~ 16 21 ,au 1816 17 20 f m. 18 ,g J80I , ltIO 2 ~O B 59 1111 ' '8 to- l'i f ; fUZ ~ 20 tiN ~~I 1C 39 tlU 181' 50 IBM 48 49 21 w rhO' 1aro ~ 806 20 ~ I {f()t U Ig 82..32 1 21 'flit> ~ T OR. i 4 2 11 10 9 8 i ! .. I a f..CANOR so ft 78 7'7fJ 9 '7fZ rrn t7'n n 34 /022 .@ COACH 68 247 PROPOSED ANNEXATION AND ZONING OWNER: Christopher fI4"; McClure A: ~.:l.Q '-..' , ADDRESS: 2275 Manor Boulevard North PROPERTY DESCRIPTION: lot 85, Clearwater Manor COUNTY: CITY: lAND USE PlAN RESIDENTIAL URBAN RESIDENTIAL URBAN lQNING R.3 RS-8 RIGHT -of-WA Y: ACRES: 0.16 ACRES: ATtAS PAGE: PLANNING AND ZONING BOARD: Mav 21, 1996 SEe: 06 TWP: 29 S RGE: 16 E CITY COMMISSION: () r dill :lll(' (' r-.: (1. 6037 - 9 6 C.r~ Clearwater City Commission Agenda Cover Memorandum ~~f cj Item # Meeting Date: (. (, 1(; SUBJECT: Petition for Annexation and Zoning Atlas Amendment for 2192 Dell Avenue; Owner: Jorge F. Cruz (A 96-1B) RECO MM EN DATION /MOTI ON: Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-B) for Lot 2, Pine Dell Subdivision, and pass Ordinances No. 6040-96 and 6041-96 on first reading. [J and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT PROPOSED ZONING DISTRICT PROPOSED FUTURE LAND USE CLASSIFICATION Single-Family Residential "Eight" (RS-B) Not Applicable REASON FOR REQUEST ~ Sewer Service ASSESSED VALUE OF SUBJECT PROPERTY II $ 52,700.00 II Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM N/A N/A N/A N/A ~t2- Originating Dept: CENTRAL PERMITTING '~ Costs: S N/A Total Commission Action: [] Approved [] Approved w/conditions o Deni ed [] Continued to: User Dept: $ Current Fiscal Yr. Advertised: ~ Date: 5/27/96 ! Paper: TAMPA TRIBUNE o Not Requi red Affected Parties ~ Notified o Not Requi red Flnding Source: o Capi ta lImp. o Operating o Other Attachments: ORDINANCES NO. 6040-96 & 6041-96 LOCATION MAP APPLI CA T1 ON s\bnitted by: City Manager Appropriation Code: o None .~ ,.... Pr i nted on r ecyc led paper A 96-18 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCA TIO OR FUTURE LAND USE ZONING ACTUAL USE N COUNTY PLAN CATEGORY Subject County Residential Urban R-3 Single-family residential Property North City Residential/Office OL LimitedOffices General South City Residential Urban RS-8 Single- family residential East County Residential Urban R-3 Single-family residential West County Residential Urban R-3 Single-family residential ZONING RESTRICTIONS DESCRIPTION RS-6 REQUIREMENTS . ....".."....... . '.. ,.............. H...... ..... ................... ...... . . .. . .. .' .... . .. .......... . .. ............ .....",.". .... ." . .. ..... ... ......"... ::::::::::::.:::.:::::.::::::::::::::::::::::8..:..S....:::::8....:::::>::::::;::::::::::,.::::::;:.::: ;:)?;}~\~~(:~~}}~/<. .:;:...;.,.. .;1:-, '..:~?{:(~~t~~/(:~>:::~.t: H/RSaOlalsMENTSF:) ,:;:::::::::::;'::::::::::::'.:.:::::::::::::.::::::;.:;:;::::.;:::::;:;:::.:.;::::::;::::::::::::::::.:::;:;:::::: EXISTING Lot Width at setback line 70 ft. minimum ........., ..... .... ..... ....... ........................................ ..,,,.............. .................... ......................'................................................................ :.!..Z:;:.~!i!:;g;~:p.~~~:::..:::..::!.;:..:...:..:!::.:.):....:!. Sin g I e- fa m i Iy resi d e nti a I .:..:m~xl.rri9m.:::.i.!..:.:..!:::::::::::!.:..:..::.::::::;:; Illl1!llilllllalrfillil!~ll' 6,500 sq. ft. m. 0.1 65 feet Density 5.5 u.p.a. maximum Lot Area 7,000 sq. ft. minimum ......... .. ......... .... .i::~Q:..:~~i,::.:.ttml~m41:.:::::::.:::. 1 00 feet Depth 85 ft. minimum ... The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO X X Pinellas Planning Council/Countywide Planning Authority Florida Department of Community Affairs ABBREVIATIONS: R-3 = Residential, single family district (County); RS-8 = Single Family Residential "Eight" (City), OL = Limited office (City); u.p.a.:..: residential units per acre A9618.cc ~ f" . " '. . '... .' ~~. . j :- ~ .. ~ ,." . " .. PETITION rOR ANNE~TXON city cOJlUllission city of Clearwater P.O. Box 4748 Clearwater, Florida cOJDlllissioners: We, the undersigned, being all owners of the described real -property, contiquous to the present boundaries of the city of Clearwater, and situated in an unincorporated aras of Pinellss county, F1orida, do hereby request that said property be annexed into the corporate limits of the City of Clearwater, Florida. We hereby further request that said property be zoned and classified under the Zoning Ordinance of the city of Clearwater, as set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted). together \lith a certificate of title from a title company, a copy of the deed or a letter tram a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. .. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improve~ents \lhlch are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable city of Clearwater regulations and ordinances as Bet forth in the city Code of ordinances; 2. to convey such recreation land. recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet City Standards, said improvement will be done on an assess.ent basis, consistent \lith City procedures therefore. We, the undersigned hereby c6rtify that we have read and examined all of the statements and alleqations in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full kno\lledge thereof. 712 ~ca: F r: c::y" u 0 f STATE OF FLORIDA COUNTY OF PINELLAS q/~ ~, Subscribed and sworn to before me this ..L-..day of IT/JIlMt"!( .1994L' ( .' i..:," ::. "'. My Commission Expires: Who Is / are persoll~lIy kno:^,n to. me or who producod a FJbnda 01:. as 10 and who did not take any oath. F,- hL. C~l'O" </~ ,. GlZ-o(t.(J f/). r;w ,;.\.. (1 Hotar., " Q JANICE N. Y\lIIAS i' llY COUIllSSIIH' cc 1114OCl5 EllJ'RS; I*nbII '. 'M ..... n." ..., NlII_ s.'.: : .~. ..,,',: "':. ., ~ I ~07 .J.J/ II 5 I ... Ql ~ ~ .. DREW STREET ~ - r ~ ~ "'C II) ~ 60 co /:'0. ~ ... co t\f ~ l\i 11/01 ."'- 22/04 , (") ... 0 iC\j~ - .:,.11/011 . < 122 W Q ..... PROPOSED ANNEXATION AND ZONING OWNER: Jorge F. Cruz A: 96-18 ADDRESS: 2192 Dell Avenue PROPERTY DESCRIPTION: Pine Dell, Lot 2 LAND USE PLAN ZONING COUNTY: CITY: RESIDENTIAL URBAN RESIDENTIAL URBAN R-3 RS-8 RIGHT-of-WAY: ACRES: 0.15 ACRES: ATLAS PAGE: 280B SEC: 12 TWP: 29 S RGE: 15 E CITY COMMISSION: PLANNING AND ZONING BOARD: May 21, 1996 ORDINA~CE NO. 6040-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH BELCHER ROAD, CONSISTING OF LOT 2, PINE DELL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2192 DELL AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 2, Pine Dell, according to the plat thereof as recorded in Plat Book 45, Page 26, public records of Pinellas County, Florida. (A96-18) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat. deed or user within the annexed property. The City Engineer. the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Si e Assistant City Attorney Ordinance No. 6040.96 .,.",.. , ~.- ~............ r-a-u'''r~~~~~,,<..g~''''~llilQa;'q~ft~~~~...~~.,z <107 ':>.)/11 PROPOSED ANNEXATION AND ZONING OWNER: Jorge F, Cruz A: 96-18 ADDRESS: 2192 Dell Avenue PROPERTY DESCRIPTION: Pine Dell, lot 2 LAND USE PLAN ZONING COUNTY: RESIDENTIAL URBAN A.3 ACRES; 0.15 CITY: RESIDENTIAL URBAN AS.8 RIGHT -of.WAV: ACRES: ATLAS PAGE: 2808 SEC: 12 TWP: 29 S RGE: 15 E PLANNING AND ZONING BOARD: May 21, 1996 CITY COMMISSION: .- EXHiBIT r\ Ordinallce 6040-96 .f QRDIt~ANCE NO. 60~ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH BELCHER ROAD, CONSISTING OF LOT 2, PINE DELL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2192 DELL AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL "EIGHT' (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pine lias County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 2, Pine Dell, according to the plat thereof as recorded in Plat Book 45, Page 26, public records of Pine lias County, FL. (A96-18) Single-Family Residential II Eight" - (RS-B) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 6040-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Leslie Dougall- Assistant City Cynthia E. Goudeau City Clerk Ordinance No.6041-96 ~~~ 4~1 .).)/11 ... ClII I; ~ r _ ~ DREW STREET c.R. s &0 Ie) ~ .3 ~ ~ .... II) Ia lID ~ ~ 11/01 22/04 . CIIl - , II') :.! P\il'lt lZZ ~ .- - ,11 011 .~ "' . '1f'- _ ~ o -- PROPOSED ANNEXATION AND ZONING OWNER: Jorge F. Cruz A:~a ADDRESS: 2192 Dell Avenue P~OPERTY DESCRIPTlQN: Pine Dell, Lot 2 COUNTY: CITY: RESIDENTIAL URBAN RESIDENTIAL URBAN ZONING R-3 RS-S RIGHT -fJf.WAY: ACRES: 0.15 ACRES: LAND USE PLAN ATLAS PAGE: 2808 SEe: 12 TWP: 29 S RGE: 15 E CITY COMMISSION: PLANNING AND ZONING BOARD: May 21, 1996 Ordin~nce 6041-96 - ..- . '"-." ._----~. --_....~-... ~.'--'~' , . . . , ',(f;.q~ erg Clearwater City Commission Agenda Cover Memorandum \0 Item # Meeting Date: SUBJECT: Petition for Annexation and Zoning Atlas Amendment for 1517 W. Virginia Lane; Owner: Janice Knox- Bronson (A 96-17) RECOMMENDATION/MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 2, Block 10, First Addition, Virginia Grove Estate and pass Ordinances No. 6042-96 and 6043-96 on first reading. [] and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT PROPOSED ZONING DISTRICT PROPOSED FUTURE LAND USE CLASSIFICA TION Single-Family Residential "Eight" (RS-B) Not Applicable REASON FOR REQUEST ~ Sewer Service ASSESSED VALUE OF SUBJECT PROPERTY II $ 49,500.00 II Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACH N/A N/A. N/A N/A JWz(2- Originating Dept: CENTRAL PERMITTING Costs: S N/A Total User Dept: $ Current Fiscal Yr. commission Action: o Approved o Approved w/conditions o Deni ed o Continued to: Advertised: Date: 5/27/96 Paper: TAMPA TRIBUNE [J Not Required Affected Parties rBI Notified [J Not Required Ftming Source: o Capital Imp. o Operat i ng o Other I\ttachments: ORDINANCES NO. 6042-96 & 6043-96 L OCA Tl ON MAP APPLICATION subnitted by: City Manager Appropriation Code: o None r. ..... P r i nt ed on r ecyc led paper , .., 'I ~,.'.. '---~"-- ", -~... _R__*.'_" -' .-.._-_..~ . ~ ~",y-. ," ~, ~ -. 11 " . A 96-17 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY lOCA TIO OR FUTURE LAND USE N COUNTY PLAN CATEGORY Subject County Residential Low Property North County Residential Low South Co u nty Residential Low East County Residential Low West City Residential Low ZONING ACTUAL USE R-3 Single-family residential R-3 Single-family residential R-3 Single- family residential R-3 Single-family residential RS-8 Single-family residential ~ The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. ZONING RESTRICTIONS DESCRIPTION RS-6 REQUIREMENTS .... . ......... .. . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... . . . . . . . . . . . . . . ..... .... ..... ........ ..".... .. .. . .. ..... .. .' .... ......... ...... ....... ............. :::::::::::":::::':'::::"::;:;;;:;"AS:::;;t'r::;:;;::::::.:::;..;::.,.::; ':::":.!~~IQ;J:R.~~~!~~I~::...'.'. EXISTING Density 5.5 u.p.a. maximum . . . . . . . . . . . . . . . . . . . . . . . .. .. .... .......... .... ......... . . . . .. .... ... .. ....... , ., ... . . . . . . , , . . . . . . , . .. ,'" .' . ............... ...... ..... ......." :?}~::'Y8:~:R'~'P:.::'::';" : <<;::< Sin g I e- fami I y resi den ti a I ::m~X!.ro..gm.::::<..:..::{.: .. . . ,. . .. . . . . ..' ..................... . ............... ..,. .............. ............ ...... ........... ........... .......... .......... ." .............. lot Area 7,000 sq. ft. minimum ... .............. ..' ... ....... ....... .'.g~.9gg'.;:~fJ'~;-:J1:'<'Y:"" '.' .. :-:-:: '.'-:.:-;'.';'.';.:-;.;.:-:- -:.'. ".';-: ..;",:-:-: ."-;.;.' >>...... .;.; .; ..... .. ,::mfnv,::,;:',/y: 8,400 sq. ft. m.o.1 Lot Width at setback line 70 ft. minimum 80 feet Depth 85 ft. minimum ................. ....... ........... ...... ........ ... .... ............ ...... .. .. ..... . . "89:::f~s;:.'.minjmgm(.;.::,, 1 05 feet OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 = Residential, single family district (County); RS-8 - Single Family Residential "Eight" (City), u.p.a. = residential units per acre A961 7.cc ~ .. '. . PETITION FOR AHNB~TID~ city COIlU'lllssion city of Clearwater P.O. Box 4748 . Clearwater, Florida P~~~!~lID :.', cOl1Ullissioners: '! CENTR~L PERMITTING CITY OF CLEARWATER We, the undersigned, being all owners ot the described real property, contiguous to the present boundaries of the city of Clearwater, and situated in an unincorporated area of Pinellas County, Florida, do hereby request that said property be annexed into the corporate limits of the city of Clearwater, Florida. -"1 We hereby further request that said property be zoned and classified under the Zoning Ordinance ot the city of Clearwater, as set ~orth on the following page. Attached hereto is a current survey ot the described property, (if it is unplatted), together with a certificate of title tram a title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. a~i atruotureo and laprovemente which are erected upon .aid property subsequent to the date'ot this petition for annexation shall comply with all applicable City ot: Clearwater regulations and ordinances as Bet forth in the city Code of ordinances; to convey such recreation land, recrea~ion tacilitie. and open space land dedication and/or tees in the amount and manner prescribed by Division 2 and J, chapter 116, Article IV ot the Clearwater Code of Ordinances; and whan any,.ub.tandard abutting .treet or utilities are subsequently upgraded by the city to ~eet city standards, said improvement will be done on an assessment .basis, consistent with city procedures therefore. 2. 3. I "..... . ".:>::~~.~"~ ~., . . ... '. . ,.,:.' ~ We, tne undersigned hereby o.rtify that wa have r.ad and exauinad all of the statements and alle9ations in the foregoing Petition including attachments and atter being duly sworn, deposed ahd say. that such statements are correct, complete and true a volu made with full knowledge thereof. . . , ' STATE OF FLORIDA ) COUNTY OF PINELLAS ) . .' l?-day of a.AM. (~{l '/ subscribed and sworn to before me this 199~. ORDINANCE NO. 6042-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF KUMQUAT DRIVE AND WEST OF PINEAPPLE LANE, CONSISTING OF LOT 2, BLOCK 10, FIRST ADDITION, VIRGINIA GROVES ESTATES, WHOSE POST OFFICE ADDRESS IS 1517 W. VIRGINIA LANE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes. and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 2, Block 10, Virginia Groves Estates First Addition, according to the plat thereof as recorded in Plat Book 47. Page 41-43. public records of Pinellas County. FL. (A96-17) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3, This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to fonn and legal sufficiency: Attest: Leslie K. Dougall- i s Assistant City Attome Cynthia E. Goudeau City Clerk Ordlnanco No. 6042.96 ';~~':.-.i.'y"'"J..l.:l~~..~1.~V"..~~..:at,\,:,'.~.'~"k~~""j.).1-..~4t.........)..,.;...~t;"..\;t,x.;A.;. ,.". ....' ./h':""'I"~fot.::-.: .,....,.~r...... "Ii r.....r.....M'..1. ~ t"',!.,.:;.t.t .~~::l.t....~,...,,_...H (...t.h....-'Iio;.i......\ ~J.' ."~ ..~'....<.h.,.'L."t '\... ,,' ..h .,.' t'l, ",30 _:B 1Mli~ ~ ~ "- ~ CD 22/01 ] ] IA TER 'S. ~ =:J ~ 6 150~ ~ 7 150Z \I 11 1~6Z 101no '7' aIfP'~~~w - l::. ~-~'~~.-4 --.~-- l PROPOSED ANNEXATION AND ZONING .....-' ADDRESS: 1517 W Virginia Lane A: 96-17 PRO~ERTY DESCRIPTION: Virginia Grove Estates Rrst Addition, Block 10, Lot 2 OWNER: Janice Knox-Bronson ZONING COUNTY: CITY: R-3 RS-8 RIGHT-of-WA Y: ACRES: 0.19 ACRES: ------------.------ ATLAS PAGE: 273A SEe: 08 TWP: 29 S RGE: 16 E CITY COMMISSION: June 6, 1996 I f;ilm.-=~~'llK~ l) r d i 11,111 t' t' f' (I:. ~) ,- q h PLANNING AND ZONING BOARD: May 21, 1996 .It;loI.,,~~~~~"P8llll ....... OROINANCE ~O. 6043-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF KUMQUAT DRIVE AND WEST OF PINEAPPLE LANE, CONSISTING OF LOT 2, BLOCK 10, FIRST ADDITION, VIRGINIA GROVES ESTATES, WHOSE POST OFFICE ADDRESS IS 1517 W. VIRGINIA LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL "EIGHT' (RS-8); PROVIDING AN EFFECTIVE DATE, WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 2, Block 10, Virginia Groves Estate First Addition, according to the plat thereof, as recorded in Plat Book 47, Page 41-43, public records of Pine lias County, FL. (A96-17) Single-Family Residential "Eight" - (RS-8) Section 2. The Central Permittin~ Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6042-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and Ie al sufficiency: Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6043.98 ..fG't';\;.._'i:o...~~'I;.rJ"",~.,:,-",,,,,\,':~;~".f!,4I<l~~.~f~""""'~...~~:;;"~'.JCtU..........."'4".\~.~.f \:-'.-a' L hl._,;':i-:j.'~"t.,-. :";;.;I,~;.:\~'''',;", '''''(".~r'''';~\.~''''''''':'~',..,.. 'll~~.'~: \i''''~4.~''~~ .' .l,t.~ ,'hi'" ,..'<K , ..... .i....:.. ....... ',,'4.',J. ~ ~ l'- ., ~ CD 22/01 ] J fA TER S. --- ~ 1608 -- =:J 5 ~ 6 160<1 7 1501 1I 11 1451 101NO N ..". 1439 F. PROPOSED ANNEXATION AND ZONING OWNER: Janice Knox-Bronson A: 96-17 ADDRESS: P~ERTY DJSCRIPTlON: Virginia Grove Estates First Addition, Block 10, Lot 2 1517 W Virginia Lane ZONING COUNTY: R-3 CITY: RS-8 ACRES: 0,19 "P""'''---~~P< _~'5 . l CITY COMMISSION: June 6, 1996 --I ,"~~-ms..~",,"=~~~ (lrd i 11:11H'\' bU!, '3-CJb RIGHT-of-WAY: ACRES: ATLAS PAGE: 273A PLANNING AND ZONING BOARD: May 21, 1996 SEe: 08 TWP: 29 S RGE: 16 E ~ - ~ ,~.. ... "'. ,,;, " -, ,'..',_C;.;. Item # 11 ! I I I i ~ ~ j f l f / I ! . f.'. r991 i , ~ \ ,'~. ;, ~:~ ',-\ ", CMl- Clearwater City Commission Agenda Cover Memorandum \ l...ti::-:':': G.G.qG SUBJECT: GTE MEDIA VENTURES, INCORPORATED, FRANCHISE AGREEMENT RECOMMENDATION/MOTION: Approve the proposed application and franchise agreement negotiated with GTE Media Ventures, Inc. and pass Ordinance No. 6046 96 on first reading. ~ and that the appropriate officials be authorized to execute same. BACKGROUND: On Ja,nuary 11, 1996, GTE Media Ventures, Inc. (GTE) submitted an application and requested a franchise agreement based on state and federal law. The ordinance grants the use of the City of Clearwater's rights-of-way for ten (10) years. GTE will pay a franchise fee of 5% which is the highest allowed by law. This can be changed should the law change or should the City want to change the fee by resolution. GTE will pay upon the signing of the franchise a grant of $50,000 to be used to reimburse the cost incurred by the City for the services and expenses of granting this franchise or any other lawful purpose. GTE, in addition to the public buildings their system passes, will serve the following downtown buildings in order to have service on Court and Cleveland where there is not service now: Municipal Services Building Clearwater Police Department Main Fire Station City Hall Clearwater Public Library Harborview Center Pinellas County Utilities Building Pinellas County Courthouse and other buildings at 310 Court Street Pine lias County at 440 Court Street Appendix A describes the system and will require a state-of-the-art system as defined in the area. Revi ewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other (lid ~ N~~l~ f4)t'L v' 1''\..0- Originating Dcpt: City Mcmager r! 'C--U Costs: Total Commission Action: o Approved o Approved w/conditions o Deni ed o Continued to: User Dcpt: Current Fiscal Yr. Subnitted by: . Cit ~fr Advertised: Date: 05/06/96 Paper: Tampa Tribune 1m Not Requi red Affected Parties o Notified 1m Not Requi red Fl..Ilding Source: o Capital Imp. o Operating o Other A ttachmcnts: Appendices A, S, C, 0, E Ordinance No. 6046-96 Appropriation Code: o None - 2 - Appendix B describes the general requirements for maintaining the system. Appendix C describes access channels, equipment, facilities and services. They will be required to carry the same channels and programming as required of the current (Time Warner) franchise holder and allows an additional digital channel at the City's request once GTE provides programming on a digital basis. GTE initially will pay $67,000 for government access equipment and at the end of seven (7) years will pay $50,000 for equipment. Clearwater will use this money to support and provide facilities and equipment for government access programming. GTE will pay the following for public, education and government access support. These dollars will be used to support and supplement government and public access in the City program and can be used to purchase equipment, maintenance and programming. Total $ 50,000 50,000 75,000 75,000 75,000 100,000 100,000 100,000 125,000 125.000 $875,000 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 GTE can request renegotiation of the amounts and manner in which education and government access is paid for after the fourth year if the County adopts a different model (such as a not-for-profit agency) for programming or if GTE's number of subscribers is below 12,500. The City reserves the right to negotiate taking into account that it may be appropriate to provide support to the City in addition to any shared costs. Appendix D is the Institutional NET and the GTE contribution is included in the $50,000 grant referred to above. Appendix E is the Customer Service Standards. These standards are generally consistent with the old Vision Cable standards. . . . . . . # . . I.' " . --_.._--~----- ---------~--------------<--------_._--_.:..._-_.,~-~~------._-_._--~----_.~-- _._--~--_._.-. --.---. -~- -- --- --.--- -, ./ ORDINANCE NO. 6046-96 AN ORDINANCE GRANTING TO GTE MEDIA VENTURES INCORPORATED THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND RIGHTS-OF- WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECfIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 -- Findings Pursuant to the procedures in the Cable Act (as defined in Section 3), and Section 166.046 of the Florida Statutes (Municipalities - Definitions; minimum standards for cable television franchises imposed upon counties and municipalities), the Grantor (as defined in Section 3) has held a public hearing where the following issues related to granting a cable television franchise to Grantee were considered: (i) the economic impact upon private property within the City; (ii) the public need for such franchise; (Ui) the capacity of public rights-of-way to accommodate the cable system; (iv) the present and future use of the public rights-of-way to be used by the cable system; (v) the potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise applicant to perform; and (vii) other societal interests as are generally considered in cable television franchising. The Grantor has deternlined to grant a new cable television franchise to GTE Media Ventures Incorporated (the "Grantee") on the terms and conditions set forth in this Ordinance, and the Grantee agrees to such terms and conditions. Section 2 -- Short Title This Ordinance shall be know and may be cited as the "GTE Media Ventures Cable Franchise. " Section 3 -- Definitions For purposes of this Ordinance., the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present cwfranagr.006 1 tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word ushall" is always mandatory and not merely directory . "Abandonment" means: (i) the cessation, by act or failure to act of the Grantee of the provision of all, or substantially all, of the Services then being provided over the System to Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event beyond the control of the Grantee; or (ii) the completion of any action described in Section 14 of this Ordinance without the prior written consent of the Grantor. UAffiliated Person" means each Person who falls into one or more of the following categories: (i) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii) each Person in which the grantee has, directly or indirectly, a Controlling Interest; (Hi) each officer, director, general partner, limited partner holding an interest of twenty-five percent (250/0) or more, joint venturer or joint venture partner, of the Grantee; and (iv) each Person, directly or indirectly, . controlling, controlled by, or under common Control with, the Grantee; provided that "Affiliated Person" shall in no event mean the Grantor, the entity, if any, administering some or all of the Access Channels, any limited partner holding an interest of less than twenty-five percent (25%) of the Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or being under common ownership, cornman management, or cornman Control with, the Grantee. UBasic Servke" means that level of Cable Services distributed over the Subscriber Network, which, at a minimum, shall include: (i) all Signals carried on the System in fulfillment of the requirerrents of Sections 614 and 615 of the Cable Act (47 V.S.C. ~~ 534 and 535, respectively); (ii) any Access Channel programming required by this Ordinance to be provided to Subscribers; (Hi) any Signal of any broadcast station provided by the Grantee to any Subscriber, except a Signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any other Cable Services offered as basic service. "Cable Act" means the Cable Communications Policy Act of 1984,47 V.S.C. ~* 521-611 (1991) and any amendments thereto, including amendments made by the Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385,106 Stat. 1460 (1992), codified at 47 V.S.C. ~* 151-611 (1993) and any amendments thereto, including mnendmentli made by the Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), all of which, among other things, are amendments to the Communications Act of 1934,47 V.S.C. *~ 151-611 (1991). "Cable Service" means: (i) the one-way transmission to Subscribers of video programming or other programming service and (ii) Subscriber interaction, if any, which is required for the selection or use of such video progralmning or other programnling service. "Cable System" means any facility, consisting of a set of closed transmission paths and cwfranagr.006 2 associated signal generation, reception ami control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such tenll does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in par4 to the provisions of subchapter II of the Communications Act of 1934, except to the extent such facility is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an electric utility used solely for operating its electric utility system. "Channel" n~ans a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without limitation, optical fibers or any other means now available or that may becorre available), which is capable of carrying a video Signal, an audio Signal, a voice Signal, or a data Signal. "Control" or "Controlling Interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the System, the Franchise or the Grantee. "FCC" means the Federal Communications Commission, its designee, or any successor thereto. "Franchise Area" means the area consisting of the corporate limits of the City of Clearwater, as its border may be changed from time to time. "Grantee" means GTE Media Ventures Incorporated, a Delaware corporation, whose principal place of business is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX 75015-2092. "Grantor" means the City of Clearwater, Florida, or, as appropriate in the case of specific provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official, elnployee, or agent thereof, any designee of any of the foregoing, or any successor thereto. "Gross Revenue" means all revenue, as determined in accordance with generally accepted accounting principles, including advertising revenue, which is received by the Grantee, by any Affiliated Person, and any other Person from or in connection with the distribution of any Service on the System or the provision of any service related activity in connection with providing Service on the System. Gross Revenue shall not inc~ude the revenue of any Affiliated Person and other Person, including, without litnitation, a supplier of programming of the Grantee, to the extent that said Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include any revenues otherwise classified as "noncable service revenue" under federal or state law or any revenue of the Grantee or any other Person which is received directly from the sale of merchandise through any Service distributed over the System (other than that portion of such revenue which cwfranagr.006 3 represents or can be attributed to a Subscriber fee or a payment for the use of tJle System for the sale of such merchandise, which portion shall be included in Gross Revenue). "Pay Service" means any Cable Service offered on a per Channel or per program basis. "Person" means any natural person or any association, finn, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean the Grantor. "Rights-of- Way" means all of the public streets, alleys, highways, waterways, bridges, easementf), sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. "Service" means any Cable Service, including any Basic Service, and any other related service, such as, the provision of any equipment and any installation of equipment or facilities and monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any Person in conjunction with, or distributed over, the System. "Subscriber" means any Person lawfully receiving any Service provided by the Grantee by means of or in connection with the System, whether or not a fee is paid for such Service. "Subscriber Network" means that portion of the System over which Services are provided primarily to residential Subscribers. "System" rreans the Cable System which is to be constructed or leased, operated, maintained and upgraded, as necessary, by the Grantee pursuant to this Ordinance, including, without limitation, all of Grantee's rights to and interest in all real property, all tangible and intangible personal property, buildings, offices, furniture, leases, Subscriber lists, cables, amplifiers and all other electronic devises used in connection therewith and all of Grantee's rights to and interest in all rights, contracts and understandings with regard to any matter related thereto. Section 4 -- Grant of Authority (A) There is hereby granted by Grantor, to Grantee, the rights and privilege to construct, erect, operate, own and maintain. in, upon, along, across, above, over and under Rights-of-Way now laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires, cables, underground conduits, manholes and other communication fixtures and utility structures necessary or proper for the maintenance and operation of the System in accordance with the provisions of this Ordinance; and in addition, so to use and operate similar facilities or properties including, but not limited to, any public utility, rented or leased from other persons, including, but not limited to, other grantees franchised or permitted to do business in the City. This Franchise is cwfranagr.006 4 awarded subject to all applicable City ordinances and regulations, provisions of general or special laws of Florida, and the federal laws and regulations. (B) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable Services only and only within the Franchise Area. (C) The Franchise L~ nonexclusive. Nothing in this Ordinance shall affect the right of the Grantor to grant to any Person, or to itself, a franchise, consent, or right to occupy and use the Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part of a Cable System wiulin the Franchise Area or for any other purpose. (D) This Section 4(D) shall be applicable if the Grantor exercises its right to grant to any third party one ur more franchises for the construction, operation or maintenance of a cable system pursuant to the C,lble Act, and shall be implemented consistent with Section] 66.046 of the Florida Statutes (Municipalities - Definitions; minimum standards for cable television franchises imposed upon counties and municipalities). If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter UAdditional Cable Franchise Ordinance") for the construction, operation or maintenance of a Cable System pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise Ordinance pursuant to which such Additional Cable Franchi..~e Ordinance is granted bestows benefits or imposes burdens on the franchisee which, on balance, are materially more advantageous to such third party than the benefits bestowed and burdens imposed on the Grantee by this Ordinance are to the Grantee, then the Grantee may request that the Grantor make a determination to such effect and, in the event of such a deternunatiod, renegotiate the tenns and conditions of this Ordinance as provided below. The Grantee may only request such a determination if the Grantee is in substantial compliance with the material provisions of this Ordinance. In the event of such a request, the Grantor shall determine, under its standard procedures, whether the Additional Cable Franchise Ordinance bestows benefits or imposes burdens on the third party which, on balance, are materially more advantageous to the third party than the benefits and burdens imposed by this Ordinance are to the Grantee. In making a determination under this subsection, the Grantor may consider factors such as, but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee, including the Grantee; (ill) the number and density of dwelling units to be served; (iv) differences in construction, operational and maintenance costs; (v) differences in required system characteristics, including state-of-the-art requirements; (vi) differences in service obligations, including public, educational and governmental access and institutional service requirements; (vii) differences in pemlitted company fees and charges; and (viii) such other factors and considerations as it considers to be relevant to an inquiry into the overall economic comparability of the agreements. If the Grantor determines that the Additional Cable Franchise Agreement bestows benefits cwfranagr,006 5 ... - and imposes burdens on the third party which, on balance, are materially more advantageous to the third party than the benefits bestowed and burdens imposed by this Ordinance are to the Grantee, then upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to seek to modify this Ordinance to bestow benefit') and impose burdens which, on balance, create overall economic comparability between this Ordinance and the Additional Cable Franchise Agreement. (E) Nothing in this Ordinance shall be construed to prohibit the Grantor from (i) operating as a multichannel video progran1l11ing dL'itributor in the Franchise Area, notwithstanding the granting of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate as a multichannel video programming distributor. (F) Nothing in this Ordinance shall (i) abrogate the right of the Grantor to perfonn any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances of the Grantor or of the Grantor's right to require the Grantee or any Person utilizing the System to secure the appropriate permits or authorizations for such use, or (Ui) be construed as a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or part of the Rights-of-Way within the Franchise Area are eliminated, discontinued and closed, the Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action of the Grantor with respect thereto. (G) Nothing in this Ordinance authorizes the Grantee to provide noncable services. Consistent with applicable law, the Grantee may petition the Grantor for the authority to provide noncable services, and the Grantor may grant such authority on terms and conditions that the Grantor reasonably determines are appropriate in the circumstances. Section 5 -- Term of Franchise (A) The Franchise and rights herein granted shall take effect and be in force from and after the final passage hereof, as required by law and upon the filing of an acceptance by Grantee of all the terms thereof with the Grantor and shall, unless sooner terminated pursuant to this Ordinance or applicable law, continue in force and effect for a term of ten (10) years after the effective date of this Franchise. (B) Subject to Section 626 of the Cable Act (47 V.S.C. ~ 546), tile Grantor reserves the right to grant or deny renewal of the Franchise. Section 6 -- Compensation and Other Payments (A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the Grantor the atnounts set forth in this Section 6(A)-- cwfranagr.006 6 (1) The Grantee shall pay to the Grantor franchise fees of five percent (5%) or the maximum amount penllitted by the Cable Act if hereafter adopted by resolution of the Grantor. (2) All such payn-ents of franchise fees shall be made on a quarterly basis and shall be remitted simultaneously with the submission of the Grantee's quarterly report required pursuant to Section 6(A)(3). (3) The Grantee shall submit to the Grantor a report, in such form and containing such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last day of each quarter throughout the term of this Ordinance setting forth the Gross Revenue for the preceding quarter. (4) No acceptance of any franchise fee payment by the Grantor shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount for a release of any claim that the Grantor may have for further or additional sums payable under this ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor. If, as a result of such audit or any other review, the Grantor determines that the Grantee has underpaid its fees in any twelve (12) month period by ten percent (10%) or more, then, in addition to making full payIrent of the relevant obligation, the Grantee shall reimburse the Grantor for all of the reasonable costs associated with the audit or review, including all reasonable out-of-pocket costs for attorneys, accountants, and other consultants. (5) If the Grantee collects from Subscribers any amounts to be paid to leased access progrannrers for the provision of Services on the System that would not otherwise be included in the defmition of Gross Revenue, the Grantee shall deduct the same percentage from such amounts as the then-applicable franchise fee percentage pursuant to Section 6(A)( 1) and include such deducted amounts in its payment to the Grantor pursuant to this Section 6(A) and include such payments in its report pursuant to Section 6(A)(3). (6) The Grantee shall ensure, through contract or other arrangement, that any Person other than the Grantee who collects from Subscribers amounts that would constitute Gross Revenue if received directly by the Grantee (~.g., from a Person who leases a channel pursuant to Section 612 of the Cable Act) is required to remit to the Grantor quarterly a percentage of such amounts collected which is equal to the then-applicable franchise fee. Such contract or arrangeIrent must also require the Person to submit a quarterly report which rreets the requirerrents of Section 6(A)(3) and must entitle the Grantor to enforce the fee and reporting requirements directly against the Person. (B) The parties agree that the compensation and other payments to be made pursuant to this Section 6 and any other provision of this Ordinance are not a tax and are not in the nature of a tax and are in addition to any and all taxes of general applicability or other fees or charges (including cwfranagr.006 7 any fees or charges which may be impo~cd on the Grantee for the use of poles, conduits or similar facilities that l11ay be owned or c..:ontrolled by the Grantor) which the Grantee or any Affiliated Person shall be required to pay to the Grantor. (C) If any paY1n~nt required by this Ordinance is not actually received by the Grantor on or before the applicable date fixed in this Ordinance or by the Grantor, the Grantee shall pay interest thereon, from the due date to the date paid at a rate of one percent (1 %) per month, compounded monthly, for the perioc1 of delinquency. (D) In the event the Grantee continue.s to operate all or any part of the System after the tenn of the Franchise, then the Grantee shall continue to comply with all applicable provisions of this Ordinance, including, without limitation, all compensation and other payment provisions of this Ordinance, throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise. (E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a grant in the amount of Fifty Thousand Dollars ($50,000.00) to be used to reimburse the reasonable costs incurred by the Grantor for the services and expenses of third parties (including, but not limit to, attorneys and other consultants) in connection with the award of the Franchise effected by this Ordinance, or by Grantor for any other lawful purpose. The Grantee shall pay, in a manner satisfactory to the Grantor, an amount equal to the costs and expenses which the Grantor incurs in the future for the services of third parties (including, but not limited to, attorneys and other consultants) in connection with any future renegotiation, transfer, amendment, renewal or other modification of this Ordinance or the Franchise (where such action is initiated or supported by the Grantee or an Affiliated Person) at such time and in such manner as the Grantor shall specify. Section 7 -- The System (A) The Grantee shall construct, operate, maintain, and upgrade the System as provided in this Ordinance. (B) The Grantee shall build the System on the schedule and as otherwise provided in Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-eight (78) activated downstream video Channels, and a minimum upstream capacity of thirty-five (35) Mhz, an emergency override mechanism, and the other characteristics set forth on Appendix A. (C) The Grantee shall construct, operate, maintain and upgrade the System such that it is capable of transmitting and receiving signals to and from any other Cable System in the City of Clearwater. (D) The Grantee shall comply with the terms set forth in Appendix B in connection with all work involved in the construction, operation, maultenance, repair, upgrade, and rCJnoval of the cwfranagr.006 8 ~~ . I . ' \ < , ~. . I ' - ~ :l~' .' \ -. " '. ') , :~' l~?>'~:') . ~..- ......;..-.-..,.-...1..,.-~ System, in addition to any other requiren~nts or prot:edures reasonably specified by the Grantor. All work involved in the construction, operation, maintenance. repair, upgrade. and removal of the System shall be periormed in a safe, thorough and reliable manner using materials of good anJ durable quality. If, at any time, it is determined by the Grantur or any other agency or authority of competent juri..l.idiction that any part of the System, including. without limitation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the Grantee shall. at its own cost and expense. promptly correct all such conditions. (E) Neither the Grantor nor its officers. employees, agents, attorneys, consultants or independent contractors shall have any liability to the Grantee or any Affiliate Persoll for any liability unless such liability arises because of the willful misconduct or gross negligence, as a result of or in connection with the protection, breading through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any emergency, publk work. public iIl1proven~nt, alteration of any municipal structure, any change in the grade or line of any Street, or the elimination, discontinuation, and closing of any Street, as provided in this Ordinance. (F) Performance Bond (1) To guarantee the timely construction of the System and of any upgrade undertaken during the term of this Ordinance, to ensure that the operation of the System continues in an orderly and uninterrupted rnanner in the event of a default by the Grantee, and for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and shall maintain throughout the term of this Ordinance, a performance bond solely for the protection of the Grantor, with a corporate surety and trust company acceptable to the Director, as provided in this Section. (2) The perfonnance bond shall be in a face amount of One Hundred Thousand Dollars ($100,000.00). (3) The performance bond shall indemnify the Grantor, up to the full face amount of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and to maintain operation of the System following a tennination of this Ordinance up to the date upon which the face amount of the bond, plus all net revenue actually received through the continued operation of the System during said period, have been exhausted; (ii) any loss or damage to any municipal structure during the course of any construction or operation of the System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result of the Grantee's fJilure to perfonn its obligations pursuant to this Ordinance; (iv) the removal of all or any part of the System from tlle Rights-of-Way; (v) the payment of compensation set forth in this Ordinance; (vi) the payment of premiums for the liability insurance required pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor at the termination of this Ordinance, at the election of the Grantor, pursuant to this Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable cwfranagr.006 9 . " " , ..': .:',~>" '..<::~',;,"''< ',:,. ,:,'",.",,::::': ',:''", ,;",>".':'".':'/"~..~,.,": .:"1,., :><.".,' ',;:".,.."..:,.':':.:'..::,':":, .:::. ;-',,''-':'.'::.'',';::.,:',',: '''',:.,.,'.': ,\' "":~-:'''''':'''~:'" "-:.:~ pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x) any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's obligations under this Ordinance. (4) The performance bond shall be in a fonn approved by the Director. Such approval shall not be unreasonably withheld. Such bond shall provide that it may not be canceled without the consent of the Grantor. The Grantor will be given Sixty (60) days written notice by registered mail, return receipt requested of intent to cancel or not renew this bond. (5) The faithful perfonnance by and the liability of the Grantee pursuant to this Ordinance shall not be limited by the acceptance of the bond required by this Section 7(F). (6) TIlroughout the term ofthLIl Ordinance, or for as long as the Grantee operates the System, which ever period is longer, and for at least ninety (90) days thereafter, the Grantee shall maintain the performance bond in the amount specified in this Section 7(F)(2). Within fifteen (15) business days after receipt of notice from the Grantor that any amount has been withdrawn from the performance bond, as provided in this Section, the Grantee shall restore the performance bond to the amount required pursuant to Section 7(F)(2), provided that said restoration obligation shall be suspended during the period of any judicial challenge by the Grantee to the propriety of said withdrawal from the performance bond. If a court determines that said withdrawal by the Grantor was improper, the Grantor shall restore the improperly withdrawn amount to the perfonnance bond. (7) The Grantor shall have the right to withdraw amounts from the perfonnance bond to cure any breaches of obligations for which the performance bond acts a security, provided, however, that the Grantor shall not make any withdrawals by reason of any breach for which the Grantee has not been given written notice and an opportunity to cure pursuant to Section 15 of this Ordinance, including notice that the Grantor may make a withdrawal from the performance bond. The withdrawal of amounts from the performance bond shall constitute a credit against the amount of the applicable liability of the Grantee to the Grantor but only to the extent of said withdrawal. Section 8 -- Service Obligations (A) Grantee shall make service available to any subscriber within the City upon subscriber's request and at the standard connection charge if the connection requires no more than a one hundred fifty (150) foot aerial or underground drop (hereinafter the "Standard Drop"), measured from the new subscriber's residence or place of business to Grantee's nearest activated coaxial distribution line, and includes one (1) outlet and standard mateIials. cwfranagr.006 10 (B) If making servicc available rcqu ires more than a S williard Drop (such as a wall fish instr\lIation). Grantee may, after so informing the subscriber. ~harge the subscriber (i) the standard connection charge and (ii) an amount equal to the reasonable actual labor (including wages, benefits and paYroll taxes), material and other costs incurred by Grantee for the additional facilities and work (including a reasonable allowance for overhead); in the alternative, Grantee may charge an appropriate hourly service charge for the entire installation. Extension to new subdivisions or developments within the Franchise Area shall be commenced within thirty (30) days after a request for service and servi~e shall be activated within ninety (90) days, unless the Grantor consents to some other time period. (C) In addition to the obligations set forth in Section SeA) and 8(B) above, for requests of service by commercial, industrial, and non-residential customers requiring more than a Standard Drop, Grantee shall, within one hundred twenty (120) days following a request for service from any potential commercial, industrial or non-residential customer. estimate the costs per customer of supplying services to all the potential contiguous customers within an area reasonably defined by Grantee, including the potential customer requesting service. Grantee shall (i) provide the potential customer requesting service with a written estimate of the costs of providing that customer with service, along with an statement 1113t such costs shall only apply if all (or a specified percentage) of the other potential comn"ercial, industrial or non-residential customers in the service area defined by Grantee also request comparable service, and (ii) offer to provide the potential customer requesting service as well as all the other potential contiguous customers, with a list of the names and addresses of all the potential customers in the area defined by Grantee. If the potential customer requesting service asks Grantee in writing for such a list of names and addresses, Grantee shall, at its cost, provide the potential customer requesting service and all the other potential customers in the defined service area with a copy of such written estimate of costs and the names and addresses of all such potential customers in the defined service area, thereby enabling the potential customer requesting service and all the other potential customers in the defined area jointly to agree to obtain service at the lowest possible group rates; provided, however, that Grantee shall only be required to provide such a list of nanes and addresses if a commercial service is reasonably available to provide Grantee with such a list Grantee may require that such customer or customers enter contracts which will reasonably assure adequate revenues to provide Grantee with recovery of the full costs and expenses of constructing and operating the line extension, including a reasonable return on investment over the first five years of operation. Grantee shall provide the City with one (1) copy of the written cost estimates and any list of names and addresses of potential customers provided to the potential customer requesting service. (0) Throughout the tenn of the Franchise, the Grantee shall endeavor to offer to all Subscribers a diversity of video programnung services. (E) The Grantee shall not discriminate or permit discrimination between or among any Persons in the availability of Services. It shall be the right of all Persons to receive continuously all available Services insofar as t11eir financial and other obligations to t11e Grantee are satisfied. cwfranagr.006 11 ~ , . 'r,," ',!) I;' . . .' I . ~. ' '. ' (F) The Grantee shall provide a standard service drop from the subscriber network to one point detem1ined by the City in each City building, fire station, community center, library, and other public facilities, as they develop within the City, and to one point detennined by each educational institution for each public primary, middle, secondary, higher education and technical school located within the Grantee's service areas, including schools constructed subsequent to the effective date of this Ordinance, with cable service including the basic service tier containing over-the-air local broadcast stations and all public, educational and govem~ntal access channels required to be carried on basic, together with the immediately subsequent tier of progranuning (if any) containing basic satellite services (such as CNN, Discovery, ESPN and USA), but excluding any subscriber equipment and subsequent or higher tier of programming, including a la carte services, premium and related services (such as DMX, Disney, HBO and Showtime) and any pay-per-view or per-event progranm1ing (such as Action, Request or Viewer's Choice). Such cable service shall be provided without charge and at no monthly service charge for the first connection or drop, and with additional outlets to be provided to any public faei lities at the request of the City Manager at the cost of labor and materials; provided, however, (i) that each such facility be located within 150 feet of Grantee's existing activated coaxial distribution system; (ii) that wiring provided for facilities beyond 150 feet of Grantee's activated distribution system be provided at Grantee's cost for the portion beyond 150 feet; (iii) that Grantee is able to secure all necessary rights-of-way upon reasonable terms and conditions; (iv) that the location of the outlet provided with basic service is reasonably positioned in relation to the entry point of the drop into the facility; (v) that Grantee not be required to relocate any existing outlet in any public facility now provided with free basic service; (vi) that Grantee be required to provide such service to government employees, but not transient members of the public, in police stations providing overnight occupancy; (vii) that Grantee be required to provide such service to municipal or public facilities, but not to private for-profit or non-profit hospitals or other organizations; and (viii) that wiring provided by Grantee for additional outlets, if not installed by the City or the recipient of such additional outlets, shall be provided by Grantee on the basis of actual costs for labor and materials, together with a reasonable allowance for overhead not to exceed fifteen percent (15%), and Grantee shall provide the recipient of such wiring with a written estimate of such costs in advance of installation. The public and educational buildings to be served by Grantee under this Section include, at a lninimum, the following buildings: 1. City of Clearwater Services Complex 100 S. Myrtle Ave. 6. Pinellas County Utilities Building 14 S. Fort Harrison 2. City of Clearwater Police Department 200 S. East Ave. 7. PinelIas County Courthouse 315 Court St. 3. City of Clearwater Fire Department 610 Pierce St. 8. Pinellas County 310 Court St. 4. City Hall I 12 Osceola Ave. 9. Pinellas County 440 Court St. cwfranagr .006 12 . - ", f' ~ .. ~ . . ... . 5. Harabor View Ccnter 300 Cleveland SL 10. Clearwatcr Public Library 100 Osceola Ave. Section 9 -- Ijublic Services (A) In accordance with Section 611 of the Cable Act (47 U .S.C. ~ 531), the Grantee agrees to provide Channel capacity to be designated for public, educational or governmental ("PEG") use and related equipment and facilities, services and/or financial support for the development and use of PEG access as provided in Appendix C. (B) The Grantee shall also provide capital grants and ongoing support payments of the acquisition, lease or other provision or use of PEG access facilities and equipment as provided in Appendix C. Section 10 -- Institutional Network The Grantee's obligations with respect to the Institutional Network shall be in accordance with Appendix D. Section 11 -- F~es and Charges (A) General requirements-- (1) The Grantee shall comply at all tirres with the provisions of the Cable Act and FCC rules and regulations applicable to rates and charges for any Service and the associated terms and conditions for the provision of any Service. (2) During the term of this Ordinance, the Grantee shall maintain with the Grantor a complete listing of fees, charges, deposits and associated tenns and conditions for all Services. (3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and associated terms and conditions for any Service provided pursuant to this Ordinance to the fullest extent permitted by applicable law. (B) In addition to the requirements set forth in Section 7.1 of Appendix E to this Ordinance, not less than thirty (30) days prior to the effective date of any change in any fee, charge, deposit, term or condition (or such shorter period as may upon a showing of good cause be approved by the Responsible Franchising Official), the Grantr,c shall (i) submit a revised listing of fees, charges, cwfranagr .006 13 deposits and associated tenn~ and conditions to the Responsible Franchising Official and (ii) provide written notice of the proposed change to each affected Subscriber. (C) The Grantee shall not discriminate or permit discrimination between or among any Persons in the rates, tenns and conditions for any Service, except as set forth below. The foregoing requirement" shall not prevent the use of: (i) different charges for residential Subscribers than for nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and other short-term discounts or reduced charges; (iii) reasonable discounts or reduced charges to senior citizens or other economically disadvantaged groups; or (iv) bulk rate arrangements. Section 12 -- Customer Service; Subscriber Bills; and Privacy Protection (A) The Grantee agrees to comply in all respects with the requirements of the customer service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all rules and regulations established by the FCC pursuant to Section 632 of the Cable Act (47 V.S.C. g 552). (B) The Grantee shall comply at all times with the provisions of the Cable Act and FCC rules and regulations applicable to Subscriber bills, including, but not limited to, the format and itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading. (C) The Grantee shall comply at all times with the Subscriber privacy provisions of the Cable Act or other applicable law. The Grantee shall cooperate with the Grantor so as to ensure the Grantor's ability to enforce the terms and conditions of this Ordinance by providing, upon the request of the Responsible Franchising Official, such Subscriber information as may be reasonably requested by the Responsi ble Franchising Official. (D) The grantee shall comply at all times with FCC rules and regulations applicable to Subscriber equipment and equipment compatibility. Section 13 -- Oversight and Regulation (A) The Grantor shall have the right to oversee, regulate, and periodically inspect the construction, operation, maintenance and upgrade of the System, and aU parts thereof, in accordance with the provisions of this Ordinance and applicable law, mcIuding the Grantor's police power. (B) When reasonably necessary to the administration or enforcement of the Ordinance, and at the request of the Grantor, the Grantee shall promptly submit to the Grantor such information as the Grantor may request regarding the Grantee, its financial statements or other financial cwfranagr.006 14 information. its compliance with any term or condition of this Ordinance, with respect to the System or its operation, any Service distributed over the System, or any activity or function associated with the production or distribution of any Service over the System. (C) Throughout the term of the Agreement. the Grantee shall maintain in the Franchise Area. or make available in the Franchise Area within fifteen (15) business days. complete and accurate books of account and records regarding the Grantee's ownership and operation of the System and the provision of Services over the System~ including without limitation, books of account and records adequate to enable the Grantee to demonstrate that it is, and throughout the term of this Ordinance has bee, in compliance with this Ordinance. All such documents pertaining to financial matters which may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of three (3) years following termination of this Ordinance. (D) The Grantor's rights of inspection and audit shall incIude-- ( 1) Upon notice to the Grantee, the Grantor or its designated representatives, shall have the right to examine, when reasonably necessary to the administration or enforcement of the Ordinance in the Franchise Area, all books and records pertaining to the Grantee's or any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated Person's provision of Services over the System. Further, during nomlal business hours and upon notice to the Grantee, the Grantor or its designated representatives may inspect and examine any other aspect of the Sy<;tem, including facilities and equipment thereof. (2) Access by the Grantor to any of the documents, records or other information covered by this Section 13(D) shall not be denied by the Grantee on grounds that such docunlents, records or infom1ation are alleged by the Grantee to contain proprietary information, provided that this requirement shall not be deemed to constitute a waiver of the Grantee's right to assert that the proprietary information contained in such documents, records or other information, should not be disclosed and to withhold such information upon the agreement of the Grantor. If the Responsible Franchising Official concurs with the Grantee's assertion regarding the proprietary nature of such information, the Grantor will not disclose such information to any Person, unless required by applicable law or order of governmental authority. If the Responsible Franchising Official does not concur with such assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies within the Grantor in accordance with applicable laws and procedures. If the Grantor does not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee shall promptly provide such documents, including the alleged proprietary portion thereof, to the Grantor, provided that the Grantee shall not be required to provide the proprietary portion thereof during the pendency of any court challenge to such provision. (3) The Grantor may conduct a full compliance audit and hold public hearings at any time during the teIm of the Franchise, provided it gives the Grantee written notice ten (10) days in advance of the commencement of such audits and associated hearings. cwfranagr.006 15 ~ ... - - _. -- . j . " . . . " . . Section 14 -- Restrictions Against Assignments and Other Transfers (A) The Grantee may not transfer the Franchise or any of the Grantee's rights or obligations in or regarding the System or the Franchise to any person or entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary, without the prior written consent of the Grantor. Such consent shall not be unreasonably withheld. (B) No change in Control of the Grantee, the System or the Franchise to any person or entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary, shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of the Grantee, the System or the Franchise, by operation of law, or otherwise, without the prior written consent of the Grantor. Such consent shall not be unreasonably withheld. (C) Any request for approval shall be handled by the Grantor in accordance with its customary rules and procedures. In connection with any request for approval, the Grantee shall submit to the Grantor such information as the Grantor may reasonably request. Section 15 u Specific' Rights and Remedies (A) The Grantee agrees that the Grantor shall have the specific rights and remedies set forth in this Section 15. These rights and remedies are in addition to any and all other rights or rerredies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and will not be deemed waived by the exercise of any other right or remedy. The exercise of any such right or ren~y by the Grantor shall not release the Grantee from its obligations or any liability under this ordinance, except as expressly provided for in this Ordinance or as necessary to avoid duplicative recovery from or payments by the Grantee. (D) Events of default -- (1) The Grantee agrees that an Event of Default shall include, but shall not be limited to, any of the following acts or failures to act by the Grantee: (a) Any substantial failure to comply with any material provision of this Ordinance that is not cured within thirty (30) days after notice pursuant to this Section 15; (b) The occurrence of any event which may reasonably lead to the cwfranagr.006 16 \ . " : \' ~ . . . '.. ,. .' .. ~ . . I .... \\ ' '. ,'" , ' . t . ~ . '. " ~ . . , ' '. . . ~'.." .' ..'_ foreclosure or other similar judicial or nonjudicial sale of all or any material part of the System; (c) The condemnation by a public authority other than the Grantor, or sale or dedication under threat or in lieu of condellmation, of all or any part of the System, the effect of which would materially frustrate or impede the ability of the Grantee to carry out its obligations and the purposes of this Ordinance; (d) In the event that the Grantee shall suspend or discontinue its business, shall make an assignment for the benefit of creditors, shall fail to pay its debts generally as they become due, shall become insolvent (howsoever such insolvency may be evidenced), shall be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by, a receiver, custodian, liquidator or trustee or similar official pursuant to state or local laws; (e) A persistent failure by the Grantee to comply with any of the provisions, tenns or conditions of thL\:) Ordinance or with any rules, regulations, orders or other directives of the Grantor after having received notice of a failure to comply. (2) Upon the occurrence of an Event of Default, then, in accordance with the procedures provided in Section 15(B)(3), the Grantor may, at any time during the term of this Ordinance: (a) Draw upon the Performance Bond, as pennitted by this Ordinance; and/or (b) Require the Grantee to take such actions as the Grantor deems appropriate in the circumstances; and/or (c) Seek money damages from the Grantee as compensation for such Event of Default; and/or (d) Seek to obtain the appointment of a court-appointed trustee or similar Person to take any actions which the Grantor deems appropriate in the circumstances; and/or (e) Revoke the Franchise by termination of tillS Ordinance pursuant to this Section 15; and/or (f) Exercise any other remedies that may be available under applicable law. Upon the occurrence of an Event of Default under Section 15(B)(l)(f), the court's cwfranagr .006 17 determination shall be deemed a final determination by the Grantor under Section 15(B )(3) and in addition to pursuing any of the actions set forth in this Section 15(B )(2), the Grantor may issue a directive to correct such cc)nditions, consistent with this OJ linance and the determination of the court, without fullowing the procedural requirements of Section 15(8)(3 ). (3) The Grantor shall exercise the rights provided 111 Section 15(B )(2) 10 accordance with the procedures set forth below: (a) The Responsible Franchising Official shall notify the Grantee, in writing, of an alleged Event of Default, which notice shall specify the alleged Event of Default with reasonable particularity. The Grantee shall, within thirty (30) days after receipt of such notice or such longer period of time as the Responsible Franchising Official may specify in such notice, either cure such alleged Event of Default or, in a written response to the Responsible Franchising Official, either present facts and arguments in refutation or excuse of such alleged Event of Default or state that such alleged Event of Default will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Responsible Franchising Official shall detennine (A) whether an Event of Default has occurred; (B) whether such Event of Default is excusable; and (C) whether such Event of Default has been cured or will be cured by the Grantee. (c) If the Responsible Franchising Official determines that an Event of Default has occurred and that such Event of Default is not excusable and has not been or will not be cured by the Grantee in a manner and in accordance with a schedule reasonably satisfactory to the Responsible Franchising Official, then the Responsible Franchising Official shall prepare a written report which may reconunend the action to be taken by the Grantor's governing body. The Grantor shall provide notice and a copy of such report to the Grantee. In the event that the Grantor's governing body determines that such Event of Default has not occurred, or that such Event of Default either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, or that such Event of Default is excusable, such determination shall conclude the investigation. (d) If the Grantor's governing body determines that such Event of Default has occurred, and that such Event of Default has not been and will not be cured in a manner and in accordance 'with a schedule reasonably satisfactory to the Grantor's governing body, and that such Event of Default is not excusable, then the Grantor may take any of the actions provi~ied in Section 15(B)(2). (C) In the event of any termination of this Ordinance, whether by expiration (where the Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may cwfranagr.006 18 .... ~ ----~~~ -- -~ .... ~:..., J; """;;.""', .. :-_" . ~ . ," , (D) In addition to its rights under Section 15(C), upon any termination, the Grantor may issue a rernoval order directing the Grantee to remove, at the Grantee's sole cost and expense, all or any portion of the System from all Rights-of-Way and other public or nonpublic property within the Franchise Area, subject to the following: (i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of this Ordinance and such additional terms and conditions as are equitable to the Grantor and the Grantee, for a period of up to twelve (12) months~ or (ii) order the Grantee to cease all construction and operational activities in a prompt and workmanlike manner. (1) in r~moving the System, or any part thereof, the Grantee shall, at its own expense, refill and compact any excavation it makes, and shall leave the Rights-of-Way and other property, including utility cables, wires and attachments, in as good condition as that prevailing prior to the Grantee's removal of the System; (2) the liability insurance and indemnity provisions of this Ordinance shall remain in full force and effect during the period in which the System is being removed and the associated repairs to the Rights-of-Way and other property are being made; and (3) if in the reasonable judgrrent of the Grantor, the Grantee fails to substantially complete removal, including repair of the Rights-of-Way and other property within twelve (12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to: (A) authorize removal of the System, at the Grantee's cost, by another Person; and (B) declare that all rights, title and interest to the System belong to the Grantor, including any portion of the System not designated for rellloval, without compensation to the Grantee. The Grantee shall execute and deliver such documents as the Grantor may request, to evidence such ownership by the Grantor. Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated by the Grantor for removal during such twelve (12) month period, provided, however, that if the Grantee fails to complete the removal of the portiones) of the System designated for removal by the Grantor within such period, then all such portiones) of the System not disposed of and all amounts collected for any portiones) of the System disposed of by the Grantee during such period shall belong to the Grantor, with no price due to the Grantee. (4) Upon any termination and as an alternative to ordering removal of the System, the Grantor may acquire or effect a transfer to a third party of all or any part of the System and all components thereof necessary to maintain and operate the System pursuant to the terms of this Ordinance. (5) The price to be paid to the Grantee upon an acquisition or transfer by the Grantor shall depend upon the nature of the tennination as follows: cwfranagr .006 19 (a) if the Franchise expires without the Grantee seeking removal or if the renewal is denied, tJ1en the price shall be the fair market value of the System valued as a going concern with cl deduction for the value allocable to the Franchise itself; and (b) if the termination is due to a revocation of the Franchise for cause, such as the occurrence of an Event of Default as provided in Section 15(B), the price shall be an equitable price, considering the injury to the Grantor and the residents of the City of Clearwater and with no value allocable to the Franchise itllelf. (E) In the event of any acquisition, transfer or Abandonment pursuant to Section 15(0), the Grantee shall: (1) cooperate with the Grantor or third party in maintaining continuity in the distribution of Services to Subscribers over the System; (2) promptly execute all appropriate documents to transfer to the Grantor or third party title to the System, all components necessary to operate and maintain the System, and any rights, contracts, permits or understandings necessary to operate or maintain the System including those necessary to the distribution of Services over the System. All items transferred shall be transferred free of any liabilities, except for the interests in collateral of lending mstitutions which are secured creditors or mortgagees of the Grantee with respect to the transferred collateral at the time of transfer. With respect to such creditors, the Grantor shall only be obligated to repay any outstanding amounts to the extent of the net operating revenues received by the Grantor from its operation of the System; and (3) promptly supply the Grantor or third person with all records necessary to reflect the change in ownership and to operate and maintain the System. (F) Notwithstanding any provisions to the contrary in this Section 15, Grantee may tcnninate the Franchise and all of its obligations under this Ordinance and transfer all of its rights in or to the System to its affiliated telecommunications company, GTE Florida Incorporated (uGTEFL") under the following circumstances: (1) At any time following sixty (60) days' prior written notice to the City (or such shorter prior written notice as may be required under an applicable FCC or federal court order) if, pursuant to an applicable final order by the FCC or a federal court, Grantee determines in the exercise of its good faith legal judgment that it is prohibited by federal or state law from acting as a cable operator within the City or otherwise complying with the material terms of this Franchise Agreement. (2) At any time following sixty (60) days prior written notice to the City, if Grantee determines in the good faith exercise of its business judgment that developments in applicable law or technology indicate that video consumers in the City can be better served cwfranagr.006 20 by Grantee and/or its affiliate, GTEFL, through a mode of operation inconsistent with or not within the scope of this Franchise. (3) Within ninety (90) days after the end of five (5) years from the effective date of this Ordinance, if at the end of such five (5) year period, Grantee does not then have subscribers on its cablc system served by its headend facilities in the City equal to at least ten percent (10%) of the total homes passed and capable of receiving service from such cable system. Notice to terminate under this provision shall be given to the City in writing, with such termination to take effect no sooner than one hundred and twenty (120) days after giving such notice. Grantee shall also be required to give its then current subscribers not less than ninety (90) days prior written notice of its intent to cease operations. (0) In the event that Grantee tern1inates this Franchise and assigns or transfers its rights in the System to GTEFL pursuant to tl1is Section 15(F), then GTEFL shall be entitled to utilize the System for aU lawful purposes related to GTEFL's telecommunications business, in accordance with GTEFL's existing grant of authority from Grantor pursuant to Ordinance No. 5757-95, as it may hereafter be renewed or amended. After such a transfer, GTEFL's use of the System as a cable system or an open video system. pursuant to sections 651 and 653 of the Telecommunications Act of 1996, shall be subject to and conditioned upon the following: (1) GTEFL negotiating in good faith the terms and conditions pursuant to which GTEFL will be authorized to provide such service and such terms and conditions shall be, to the extent authorized under applicable law and in compliance with any applicable common carrier requirerrents, substantially similar to the provisions contained in this Ordinance, to the extent that such provisions are consistent with the permissible operating business parameters of the mode of GTEFL 's operation. (2) Grantee, to the e}(tent Grantee becomes a video program provider utilizing GTEFL's System, and to the extent authorized under applicable law and in compliance with any applicable common carrier requiren~nts, negotiating in good faith an agreement with the City, containing provisions substantially similar to the provisions contained in this Ordinance, to the extent that such provisions are consistent with the permissible operating business parameters of the new mode of Grantee's operation. Section 16 -- Liability and Insurance (A) Prior to cOlrurencen~nt of construction, but in 110 event later than sixty (60) days after the effective date of the Franchise and thereafter continuously throughout the duration of the Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates of insurance, approved by the City, for all types of insurance required under this Section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this Ordinance. cwfranagr.006 21 (B) Neither the provisions of this Se(tion or any damages re(overed by the City hereunder, shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for damages. (C) All insurance policies maintained pursuant to this Ordinance or the Franchise shall contain the following, or a comparable, endorsement: It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew he stated by the insurance company until thirty (30) days after rcceipt by the City Managcr, by certified mail, of a written notice of such intention to cancel or not to renew. (D) The franchise agreement and all contractual liability insurance policies maintained pursuant to this Ordinance of the franchise shall include the following provisions: The Franchisee/Grantee/Insured agrees to indenmify, save harmless and defend the City of Clearwater, its officials, agents, servants, and employees, and each of them against and hold it and them harmless fr.om any and all lawsuits, claims, demands, liabilities, losses and expenses, induding court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen, whether in whole or in part, out of or in connection with the actions or omissions of the grantee. (E) All insurance policies provided under the provi~ions of this Ordinance or the Franchise shall be written by companies authorized to do business in the State of Florida, and approved by the State Department of Insurance. (F) The City shall be mured as an additional narred insured on all general liability policies issued to the Grantee. (G) To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase at the end of every three (3) year period of the Franchise, applicable to the next three year period, upon the detemunation of the City: provided at no time shall the grantee be required to provide insurance in amounts of coverage which exceed that commonly provided throughout the Tampa Bay area by (able operators. (H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any Franchise granted hereunder specifically agree that it will maintain throughout the term of the Franchise, general liability insurance insuring the Grantee in the minimum of: (1) $500,000 for property damage per occurrence; cwfranagr .006 22 ..', ' .' ',-' " -..... :,:- "". ~' ..... """ " .'/'.'. "'-', .. '.. (2) $500,O()() for property damage aggregate; (3) $1,000,000 fur personal bodily injury or death to anyone person; and (4) $3,000,000 bodily injury or death aggregate per single accident or occurrence. (I) Such generalliabi lity must include coverage for all of the following: comprehensive form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. (1) Automobile Liability Insurance. 111e Grantee shall maintain, and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the tenn of the Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: (1) $1,000,000 for bodily injury and consequent death per occurrence; (2) $1,000,000 for bodily injl1ry and consequent death to anyone person; (3) $500,000 for property damage per occurrence. (K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid in the State, in the minimum arnount of: (1) Statutory limit for Worker's Compensation. (2) $500,000 for employer's liability. Section 17 -- Subsequent Action (A) The Grantor and the Grantee hereby respectively waive any and all rights, other than constitutional rights, at any time or in any manner or proceeding, to challenge this Ordinance or the validity of any ternl or provision of this Ordinance; provided, however, that the Grantor or the Grantee may challenge any provision of this Ordinance based on a change in law, should the law pertaining to that particular provision change subsequent to the execution of this Ordinance. The Grantee agrees that it will not challenge the Grantor's authority to enter into this Ordinance as of the effective date hereof. (B) In the event that, after the Effective Date, any court, agency, commission, legislative body, or other authority of competent jurisdiction: (A) declares this Ordinance invalid, in whole or cwfranagr.006 23 in part. or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any provision of this Ordinance or (b) cease perionning uny act re4uired by any provision of this Ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this Ordinance, so as to enuble the Grantee to perfon11 obligations and provide Services for the benefit of the Grantor and others equivalent to those immediately prior to such declaration or requirement. to the maximum extent consistent with said declaration or requirement. In connection with such negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that time are such that the Grantee should continue to perform such obligations or their equivalent. (C) To the extent that any statute, rule, regulation, ordinance or any other law is enacted, adopted, repealed, amended, nlodified, changed or interpreted in any way during the term of this Ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption, repeal, amendment, modification, change or interpretation. Section 18 -- .Miscellaneous (A) Controlling Authorities. This Ordinance is made with the understanding that its provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local laws, ordinances, and regulations. (B) Appendices. The Appendices to this Ordinance, attached hereto, and all portions thereof and exhibits thereto, are, except as otherwise specified in such Appendices, incorporated herein by reference and expressly made a part of this Ordinance. (C) Enforceability of Agreement: No Opposition. By execution of this Ordinance, the Grantee acknowledges the validity of the tern1S and conditions of this Ordinance under applicable law in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any forum that this Ordinance, the Franchise~ or the processes and procedures pursuant to which this Ordinance was entered into and the Franchise was granted are not consistent with the applicable law in existence on the Effective Date. (D) Notices. All notices shall be in writing and shall be sufficiently given and served upon the other party by first class mail, registered or certified, return receipt requested, postage prepaid, and addressed as follows: THE GRANTOR: City of Clearwater P.O. Box 4748 112 S. Osceola Avenue Clearwater, FL 34618-4748 Attn: City Manager CWFRANAG.OO6 24 With a copy to: City of Clearwater P.O. Box 4748 112 S. Osceola Avenue Clearwater, FL 34618-4748 Attn: City Attorney THE GRANTEE: GTE Media Ventures Incorporated 600 Hidden Ridge HQE04G06 P.O. Box 152092 Irving, TX 75015-2092 Attn: President With a copy to: GTE Telephone Operations 600 Hidden Ridge HQE04H07 P.O. Box 152092 Irving, TX 75015-2092 Attn: Vice President, General Counsel (E) police Powers. In accepting this Franchise, the Grantee acknowledges that its rights hereunder are subject to the police powers of the Grantor to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the Grantor pursuant to such power. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the Grantor's police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's System or Cable Communications Systems which contain provisions inconsistent with this Franchise shall prevail only if upon such exercise, the Grantor finds an emergency exists constituting a danger to health~ safety, property or general welfare or such exercise is mandated by law. (F) Binding Effect. This Ordinance shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted transferees and assigns. All of the provisions of this Ordinance apply to the Grantee, its successors, and assigns. (0) No Waiver: Cumulative Remedies. No failure on the part of the Grantor to exercise~ and no delay in exercising, any right or rerredy hereunder including~ without limitation, the rights and remedies set forth in Section 15 of this Ordinance, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other right or remedy, all subject to the conditions and limitations established in this Ordinance. The rights and remedies provided herein including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, are cumulative and not exclusive of any remedies provided by law, and nothing contained in this CWFRAN^G.OO6 25 OrdimUlce shall impair any of the rights or rcmcdics of thc Grantor undcr applicable law, subject in each case to the terms and conditions of this Ordinance. (H) Severability. If any section, subsection, sent~nce, clause, phrase, or other portion of this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, commission. legislative blxly, or other authority of competent jurisdiction, such portion shall be deemed a separate. distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. (I) No Agency. The Grantee shall conduct the work to be performed pursuant to this Ordinance as an independent contractor and not ,as an agent of the Grantor. (]) Governing Law. This Ordinance shall be deemed to be executed in the City of Clearwater, Florida, and shall be governed in all respects,-including validity, interpretation and effect, and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered into and to be performed entirely within that State. (K) .survival. All representations and warranties contained in this Ordinance shall survive the term of the Agreement. (L) Delegation of Grantor Rights. The Grantor reserves the right to delegate and redelegate, from time to time, any of its rights or obligations under this Ordinance to any body, organization or official. Upon any such delegation or redelegation, references to "Grantor" in this Ordinance shall refer to the body, organization or official to whom such delegation or redelegation has been made. Any such delegation by the Grantor shall be effective upon written notice by the Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee shall be bound by all temlS and conditions of the delegation not in conflict with this Ordinance. Any such delegation, revocation or redelegation, no matter how often made, shall not be deemed an amendment to this Ordinance or require any consent of the Grantee. (M) Claims Under Agreement. The Grantor and the Grantee, agree that, except to the extent inconsistent with Section 635 of the Cable Act (47 U.S.C. ~ 555), any and all claims asserted by or against the Grantor arising under this Ordinance or related thereto shall be heard and detennined either in a court of the United States located in Tampa, Florida ("Federal Court") or in a court of the State of Florida located in the City ("Florida State Court"). To effectuate this Ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee in Federal Court or in Florida State Court, service of process may be made on the Grantee either in person, wherever such Company may be found, or by registered mail addressed to the Grantee at its office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee may provide to the Grantor in writing. (N) Modification. Except as otherwise provided in this Ordinance, any Appendix to this Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance, CWFRANAG.OO6 26 shall be arrended or otherwise ffiJdified, in whole or in part, except by an instrument, in writing9 duly executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by applicable law. (0) ~lays and Failures Beyond Control of Grantee. Notwithstanding any otJ1er provision of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war (whether an actual declaration of was is n1ade or not), insurrection, riot, act of public enemy, accident fue, flood or other act of God, technical failure, sabotage or other events, where the Grantee has exercised all due care in the prevention thereof, to the extent that such causes or other events are beyond the control of the Grantee and such causes or events are without the fault or negligence of the Grantee. In the event that any such delay in performance or failure to perform affects only part of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such cause(s). The Grantee agrees that in correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by this Section within five (5) business days of the date upon which the Grantee learns of its occurrence. Section 19 -- Acceptance Grantee shall signify its acceptance of the Franchise terms in writing prior to the City Commission's approval of this Ordinance by filing such written acceptance with the City Clerk. , . CWFRANA G.OO6 27 Section 20 n Effective Date This Ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING' PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner ATTEST Cynthia E. Goudeau, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Pamela K. Akin, City Attorney CWFRANAG.OO6 28 APPENDIX A THE SYSTEM ;: \ I i I !' i ; ! I i I .- " j' I I . '~'r. .r " ~.. ~<, " i'. CWAPP.OO5 0503961158 APPENDIX A THE SYSTEM 1. SYSTEM AND CAPACITY a. System Design. The cable system shall be built to a 750 MHZ design with no more than five hundred (500) homes passed and 6 homerun fibers from the headend or hub to each node. The plant hardware shall be 1 GHz passives, 1 G Hz taps (1 GHz active platforms). 750 MHz amplifiers and other actives, and 60 volt powering. The system shall be capable of 79 analog channels (50 to 550 MHz), with 200 MHz being reserved for future use including. but not limited to, digital transmission (550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The system shall use all new fiber optics, coaxial cable and electronic and passive devices. Notwithstanding the above, Grantee may lease fiber from a third party to integrate into the cable system whenever teChnically feasible. The system shall be designed so that ninety-five percent (950/0) of the time there are no more than two (2) line extenders in cascades and no more than three (3) system amplifiers in cascade. All aerial system amplifiers shall incorporate pilot controlled AGe level control. The system shall be designed and constructed in accordance with the standards listed below, and the fiber cable shall have not more than 7.4 dB of loss between the distribution CO and the fiber terminal. The following design specifications shall be adhered to. The system shall be operated in accordance with performance standards which meet FCC regulations and specifications. After the system is constructed in compliance with this section and the design standards below. The Grantee's compliance with the performance standards of the FCC shall constitute compliance with the ongoing technical standards required by this Agreement. System Design - Minimum C/N XMOD CTB CSO HUM 47 dB 53 dB 53 dB 53 dB 30/0 b. Construction Oversight. Grantee shall oversee the construction. The oversight shall be headed by a Construction Manager with field engineers and field planning/quality control persons dedicated to the construction project. One hundred percent (1000/0) of the system shall be visually inspected to insure compliance and ten percent (100/0) of all work shall be tested by the system operator and system technicians. If during testing or inspection, the Grantee finds the quality of work to be substandard, the Grantee shall use its best efforts to take the necessary corrective CWAPP 005 - 2 . 050J9611 56 action in a timely manner. Grantee shall contact in person or by telephone ten percent (100/0) of the subscribers to assess the quality of the work performed and any construction problems. The general contractor building the system shall supervise any components of the system construction undertaken by independent contractors. c. Compliance with Applicable Law. In construction, operating and maintaining the system, Grantee shall at all times comply with this Agreement and all applicable laws and regulations. d. Subscriber Drops. All subscriber drops in the City shall meet the standards of the National Electric Code or the design specifications in A above. Each drop shall be tested by inserting a test signal at the upper end of the frequency spectrum (550 MHZ). The system shall be designed to allow each subscriber drop to provide service to two (2) television outlets. e. Equipment Quality. Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis and shall at all times be of equal or better quality than the following equipment. Pair & Size Elber Optics: AT&T - 4 DSX (armored) - BXD - 4 DNX - BOX - 4 GSX (armored) - BXD - 4 GNX - BXD .c.ab.le: Aerial: Comscope QR540 (feeder to the home), QR860 (express) Underground: Comscope QR540 and QR860 Drop: Com scope RG6 & RG 11 Iru.ok..Arnp1if: General Instruments, 4 Hybrid Output. Powering Doubling, 750 MHZ General Instruments - AGe (Automatic Gain Control) Capable LX Power Guard Standby Battery Supplies, 6 amp 12 amp 15 amp ~: Power Supplies: .5Qli1ters: ~: General Instrument - SSP-K General Instrument FFT-K Connectors: Gilbert - GAS-540 - GAS-860 CWAPP.OO5 - 3- 0503961158 .E.e.de.s1als : Channel SPH Series Converters or Other SU~Quipment: General Instrument CFT2200, DCT1000 Satel.l11e.-Receive Stations: Scientific Atlanta Satellite Disk 4.5 Meters Noise Block Converters General Instrument Receivers Video Cipher II + DSR1500 IRD f. Converters. Grantee shall provide the converters specified in this Agreement to subscribers utilizing converters upon subscription to the system. Grantee shall not scramble the basic tier. . g. Emergency Alert. Grantee shall provide an all-channel audio-only emergency alert system for use by the City. The emergency alert system shall be tested at least twice each year. The Grantee shall provide an automatic tome that shall commence emergency broadcast. Emergency messages shall be able to be initiated from any touch-tone phone with an access code. The emergency alert service shall be upgraded throughout the Franchise term as set forth in FCC rules, regulations. or guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term of this agreement the capacity for the City to access the emergency alert system and shall not claim the City's rights hereunder have been preempted by federal or state law. After July 1. 1997. the cable system shall use a common EAS protocol. as defined in Section 11 .31 in the Code of Federal Regulations, to send and receive emergency alerts in accordance with the following: Two tone signal from storage device Required. 8 to 25 seconds in duration Digital encoder and decoder Required The digital encoder and decoder shall provide: (1) a video message on all channels or other alerting techniques to the hearing impaired and deaf subscribers, (2) an audio message and video interruption on all channels, (3) a video message on at least one channel to all subscribers h. Ongoing Preventive Maintenance. System signal levels for the individual channels at the headend shall be monitored and adjusted on a daily or every other day basis. The pertormance of the cable system at the ends of the cascades shall be monitored on a weekly basis for each node and monthly for every end of line cascade. CWAPP.OO5 - 4 - O~O:l9611!'8 "'"," "~-~--_.-:--- '..-*- -. "-:----"':- ..........-... -- " . i~.' System frequency response shall be adjusted to meet peak performance on a twice a year cycle. Standby power supplies shall be monitored for proper voltage and battery capac"y on a quarterly year basis. Failure of the batteries to supply current for a predetermined amount of time shall dictate replacement of the batteries. The antennae and satellite dishes shall be maintained by having their alignment checked and realigned at least on a yearly basis or after any severe storm activity at the location of the antennae or dishes. Headend components such as processors and modulators shall have their frequency response checked and adjusted twice a year. Optical transmit1ers, receivers and optical path loss shall be monitored on at least a twice a year basis. Parameters found to be out of tolerance shall be adjusted. FCC mandated signal leakage and system proof~of-performance tests shall be in accord with Part 76 of the federal Code of Regulation. i. Interference on Channels 3 and 8. Grantee shall use its best efforts to minimize interference on Channels 3 and 8. During the term of the Franchise, Grantee shall provide notice to consumers, on how interference problems experienced by customers on specific channels can be alleviated, through TV advertisements and billing messages mailed to subscribers. j. Satellite Earth Station. The system configuration shall include earth stations which shall ensure the ability to receive signals from operational communications satellites that predominately carry programming services available to cable systems throughout the life of the Franchise. k. Standby Power. Grantee shall provide a twenty-four (24) hour power- generating capacity at the headend. Grantee shall maintain standby power system supplies, rated for at least two (2.0) hours duration at all optical node locations in the distribution network. I. Parental Control. Grantee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Upon request, Grantee shall, at no cost to the subscriber, provide devices that shall block out the audio and video of any channels carrying predominately adult programming. m. Performance Testing. Grantee shall perform all system tests and maintenance procedures as required by and in accordance with: the FCC; this Agreement; Grantee's standards of good operating practice, and the National Cable Television Association's test procedure guidelines. CW APPOO5 - 5 - 0503961158 n. Technical Standards. The cable communications system permitted to be operated hereunder shall be installed and operated in conformance with this Agreement, National Electric Code, OSHA Rules and Regulations, GTE .Practices. manual of construction practices, where applicable to cable system construction, and FCC rules and regulations. Any FCC tectlnical standards or guidelines related to the cable communications system and facilities shall be deemed to be regulations under this Agreement. o. Employee Identification. Grantee shall provide a standard identification document to all employees, including employees of subcontractors, who shall be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, Grantee shall use its best efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of Grantee. p. Stereo, The system shall have the capability and shall provide Broadcast Television Systems Committee (8TSC) stereo signals on all satellite, broadcast and local services that transmit them. q. State of the Art. Throughout the term of the Franchise, Grantee shall construct, operate, maintain, and upgrade the cable system in order to ensure that it continuously conforms to the State of the Art. r. Upstream Signals. To the extent that Grantee chooses to design its cable system for two-way capability, Grantee agrees to use all reasonable efforts to design such two-way capability so as to permit the future implementation of upstream signal carriage without requiring modifications to its design. Grantee shall be required to offer two-way services for subscribers only following satisfaction of each of the following conditions: (i) the offering of such two-way services is permissible under applicable federal and state laws, ordinances, rules and regulations, (ii) the Grantee has secured all certificates, licenses, autllorizations and approvals from federal and state agencies necessary for the offering of such services, provided, however, that the Grantee shall seek to obtain such approvals in a diligent and timely manner, (iii) cable subscribers and/or potential cable subscribers have a demonstrable interest in subscribing to such two-way services, together with a demonstrable willingness to pay a reasonable rate for such services, in each case as evidenced by at least one statistically significant survey, provided, howe'oIer, that upon the reasonable written request of the City it shall be the Grantee's burden to demonstrate to the City's reasonable satisfaction that such subscriber interest is insufficient and (iv) the investment necessary to implement such two-way capability, together with a reasonable rate of return, can be reasonably expected to be recovered from the incremental revenue anticipated from the provision of such services over a period of time which is reasonable and customary in the cable television industry for such investments, and such investment shall not be recovered from subscribers to other or non-two way services. CWAPP 005 - 6 - 0503961158 2. CONSTRUCTION a. System Design Review. The City shall have the authority to review the technical design plans of the system to ensure that the system design meets the requirements of this Agreement, as well as applicable portions of the City Code governing construction within public rights-ot-way. Grantee's engineer shall review the design with City designated persons. The following design information shall be reviewed with City designated persons: engineering design maps; key for design maps; system level design information (e.g., block diagram of headend, satellite or off- air studies, power supply map); and test plan for the existing coaxial cable to be used in the system. b. Construction Manual. Grantee shall construct the system in accordance with Grantee's construction manual which shall be maintained by the City Clerk. c. Underground Construction. Grantee shall participate in and use Florida One Call and ensure that cable is buried at a depth specified by City regulations. Temporary drops shall be buried within one month of installation, weather permitting. Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed underground. Grantee in accordance with such plan shall at its expense, remove, relay, and relocate its equipment, provided, however, that other utilities are similarly required to do such work at their own cost and expense. d. Consumer Compatibility. Grantee shall comply with FCC consumer compatibility rules and guidelines and shall use its best efforts to provide subscriber friendly technology. When High Definition Television (HDTV), is available, economically feasible, and requested by our system subscribers, Grantee shall provide it. Grantee shall update the City of Clearwater as to the advances in and availability of new technology services such as HDTV, digital television. and digital compression. Grantee shall provide the basic tier in un encoded and unscrambled form. Subscribers shall not be required to use a set-top box, home terminal unit, cable box or similar device to receive any basic cable service. e. Construction Timetable. The construction shall be completed within three (3) years of the franchise award. Grantee shall keep the Grantor informed of the Company's construction schedule, as necessary, to ensure public safety and/or comply with Grantor's rules and regulations. f. Right of Inspections. The Grantor shall have the right to inspect any construction and installation work performed subject to the provisions of this Agreement, and shall make such tests as it shall find necessary to ensure compliance with the terms of this Agreement and other pertinent provisions ot the law over which the Grantor has jurisdiction. CWAPPOO5 - 7 - 05-J3961158 APPENDIX B Terms and Conditions Applicable to Work on the System ;;~ h, ',' CWAPP.OO5 - 8- 0503961158 :.. I . I ~ ~ . ~l' , APPENDIX B Terms and Conditions Applicable to Work on the System General Requirement. The Grantee agrees to comply with each of the terms set forth in this Appendix B and in Appendix A to this Ordinance governing construction and technical requirements for the System, in addition to any other requirements or procedures reasonably specified by the Grantor pursuant to its police power or as otherwise permitted by applicable law. Quality. All worJ< involved in the construction, operation, maintenance, repair upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, a reasonable determination is made by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the Grantee shall, at its own cost and expense, promptly correct all such conditions. Licenses and Permits. The Grantee shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, repair or upgrade the System, or any part thereof, prior to commencement of any such activity. New Grades or Lines. If the grades or lines of any Street within the Franchise Area are changed at any time during the term of this Ordinance, then the Grantee shall, at its own cost and expense and upon reasonable written notification and request of the Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to conform with such new grades or lines. In the event that the Grantee refuses or neglects to so protect, alter, or relocate all or part of the System, the Grantor shall have the right to break through, remove, alter or relocate all or any part of the System without any liability to the Grantee, any Affiliated Person or any other Person, and the Grantee shall pay to the Grantor the documented costs incurred in connection with such breaking through, removal, alteration, or relocation. Protect Structures. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall, at its own cost and expense, protect any and all existing structures belonging to the Grantor and all designated landmarks. The Grantee shall obtain the prior approval of the Grantor before altering any water main, sewerage or drainage system, or any other municipal structure in the Rights-of-Way required because of the presence of the System in the Rights-of Way. Any such alteration sl1all be made by the Grantee, at its sole cost and CW APPOO5 - 9 - 0503961150 expense. and in any reasonable manner prescribed by the Grantor. the Grantee agrees that it shall be liable, at its own cost and expense. to replace or repair and restore to serviceable condition, in any reasonable manner as may be specified by the Grantor. any Street or any municipal structure involved in the construction, operation, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of the Grantee pursuant to this Ordinance. No Obstruction. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-ot- Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or within the Franchise Area without prior consent of the appropriate authorities. Movement of Wire. The Grantee shall, upon prior written notice by the Grantor or any Person holding a permit to move any structure, temporarily move its wires to permit the moving of said structure. The Grantee may impose a reasonable charge (which may require advance payment in appropriate circumstances) on any Person other than the Grantor for any such movement of its wires. Safety Precautions. The Grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, watchmen, and suitable and sufficient lighting. . Moving Wires. The Grantor may, in case of fire, disaster, or other such emergency, as reasonably determined by the Grantor, in its sole discretion, cut or move any of the wires, cables, amplifiers, appliances, or other parts of the System, in which event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or any other Person. The Grantor shall take reasonable efforts to consult the Grantee prior to any such cutting or movement of its wires, and the Grantee shall be given the opportunity to periorm such work ~self. All documented costs to repair or replace such wires, cables, amplifiers, appliances or other parts of the System shall be borne by the Grantee. No Liability for Public Work, etc. Neither the Grantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the Grantee or any Affiliated Person for any liability as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Street, or the elim ination, discontinuation, and closing of any Street. CWAPP.OOS - 10- 0503961158 APPENDIX C PEG MAlTERS CWAPP.OO5 - 11 - 0503961158 APPENDIX C PEG Matters ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES In order to develop and promote educational, government access, and local programming for the system's access channels, Grantee agrees to provide the following: A. Access Channels. Grantee shall provide the following number of dedicated access channels: two (2) channels for government access (one for the City of Clearwater and one for Pinellas County) and one (1) additional digital channel upon the City's request to be used by the City for local government access, once Grantor provides programming generally on a digital basis; one (1) channel for local origination; one (1) channel for public access; and two (2) channels for educational access (one for the Pinellas County School District and one for the St. Petersburg Junior College). Such channels shall be used exclusively for purposes of public, educational and governmental access programming on a non-commercial, not-far-profit basis. Grantee shall carry and transmit on its lowest basic service level, on the access channels of its Cable System, the same public, educational and governmental programming carried and transmitted on the access channels of the incumbent cable operator in the City, Time Warner Entertainment - Advance/Newhouse Partnership ("Time Warner") or its successors or transferees, so long as the signal for such programming is of high quality and is made available to Grantee at no fee. Grantee shall interconnect the public, educational and governmental access channels of its Cable System with the public, educational and governmental access channels of all other local cable systems in order that the programming on such channels can be universally available to all cable subscribers within the City. Grantee shall be responsible for any costs and expenses necessary to interconnect its Cable System to a mutually convenient and agreed upon point of presence supplied by the other cable operators in the Ctly. Grantor agrees to mediate any disputes between Grantee and other franchised cable operators related to the location of the interconnection point. If such parties, in the opinion of the City are unable to agree on such interconnection point, such point will be determined by the City in the exercise of its absolute discretion. Grantee also agrees to negotiate in good faith an agreement with Time Warner, and its successors, assignees or transferees, by which Grantee and Time Warner, and its successors, assignees or transferees, shall carry all access channels on their systems in the City utilizing the same channel numbers. B. Government Access Equipment. Facilities and Support. Grantee agrees to pay to the Grantor, within thirty (30) days after the effective date of tl1is Franchise Ordinance, the sum of Sixty-seven Thousand Dollars ($67,000) and at the end of seven years after the effective date of this Franchise Ordinance the sum of Fifty Thousand CWAPP.OO5 - 12 - 0503961150 Dollars ($50,000). Grantor shall use such money to support and provide facilities and equipment for government access programming. Grantor shall provide Grantee with an accounting for such funds within one (1) year of receipt. C. ~ucation and Goveroment Access Support. Grantee agrees to pay to the Grantor, within thirty (30) days after the effective date of this Franchise Ordinance and on the anniversary of such date for the term of this Franchise, the following amounts: Year 1 Year 2 Year 3 Year 4 YearS Year 6 Year 7 Year 8 Year 9 Year 10 Total $50,000 $50,000 $75,000 $75,000 $75,000 $100,000 $100,000 $100,000 $125,000 11 25.000 $875,000 Grantor shall only use such money in support of public, education and government access programming. Grantor shall provide an accounting to Grantee annually for such funds. Grantee shall have the right to renegotiate with Grantor the amounts and manner in which Grantee funds support for public, education and government access programming after the fourth anniversary of the effective date of the Franchise Ordinance if: (i) the County adopts a model for funding support for such programming that is inconsistent with or fails to take into account the amounts to be paid by Grantee to Grantor hereunder; or (ii) Grantee's actual number of Subscribers in the City after such four-year period is below twelve thousand five hundred (12,500). To the extent necessary for Grantee to avoid further cost or obligation, Grantor shall negotiate in good faith a modification to Grantee's obligations for support of public, education and government access support, equipment and facilities contained in this Ordinance, if under FCC regulations or state or federal law, Grantee is required to share costs with the provider of such facilities (currently Time Warner Entertainment- Advance/Newhouse Partnership ('Time Warner")). In such negotiation, in addition to any costs Grantee may be obligated to share, it may be appropriate for Grantee to continue to provide some support to the City, taking into account the City's needs and the reasonable profitability of the system. D. ~. Grantee shall actively promote ongoing community awareness of public, educational and government access channels, and public access facilities and training opportunities for public and educational access, at a minimum in its CWAPP.OO6 - 13 . 0:.03961201 program guides containing listings of the local off-air broadcast signals In the Grantee's basic service tier, provided that the publisher of any such guide consents to the inclusion of information, at no cost to the Grantee, concerning public, educational and governmental access programming carried by the Grantee based upon the good faith efforts of the Grantee to secure such listings, in an annual bill stuffer, and in public service announcements supplied by Grantor, all in such places and at such times as Grantee in its sole discretion shall determine, and Grantee shall provide Grantor, on request, with a summary of its activities in this regard. E. SinglfLEntity Administration olEducationalLE.ubJic Access Channels and .Eac.illt.ie.s. If during the term of this Franchise Ordinance, the County creates, or consents to the creation of, a single entity to administer the use of the channels and the use of facilities for all education and public access purposes (the "Community Access Center"), and the costs of operating such Center are shared by all cable operators within the County, Grantor shall negotiate in good faith a modification to Grantee's obligations for support of public, education and government access support, equipment and facilities contained in this Ordinance. In such negotiation, in addition to any costs Grantee may be obligated to share, it may be appropriate for Grantee to continue to provide some support to the City, taking into account the City's needs and the reasonable profitability of the syst€m. CWAPP.OO6 - 14 - 0503961201 APPENDIX 0 I-NET i I ! I I I i i i . I i ,', CWAPP.OO5 - 15 . 0503961158 APPENDIX D I-NET Grantor shall not be required to provide or contribute towards the support of Grantor's institutional network ("I-Net"). In lieu of any such obligation, Grantee shall pay the grant provided in Section 6 (E) of the Ordinance. CWAPP.OO5 - 16 - 0503961158 APPENDIX E CUSTOMER SERVICE STANDARDS <', '.. rWAPP (V"II': - 17 - rH; f"'V'''~ .. ^" 1 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 r.WAPP 006 APPENDIX E CUSTOMER SERVICE STANDARDS INDEX Page SOLICITATION OF SUBSCRIPTIONS ..................... 19 TRAINING OF EMPLOYEES; TELEPHONES . . . . . . . . . . . . . . .. 21 81 LLI NG .............................. . . . . . . . . . . . . . .. 23 EQUIPMENT PROVIDED BY THE GRANTEE. . . . . . . . . . . . . . .. 25 OUTAGE CORRECTION AND REPAIR SERVICE ............ 25 SUBSCRIBER COMPLAINTS ............................ 27 NOTICE ............................................. 28 TERMINATION OF SERVICE AND DISCONNECTION. . . . . . . .. 29 CREDITS AND REFUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30 MISCELLANEOUS REQUIREMENTS .......... . . . . . . . . . . .. 32 FAILURE TO COMPLY WITH THESE REQUIREMENTS. . . . . .. 33 DEFI N ITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 - 18 - nr.n"101: 1 ",.,. APPENDIX E CUSTOMER SERVICE STANDARDS " J I i SECTION 1 SOLICITATION OF SUBSCRIPTIONS 1.1 Subscription Information. 1.1.1 Before providing any service to any potential Subscriber and at least once a year to all Subscribers, the Grantee shall provide the following subscription information to all potential Subscribers and all Subscribers, in a clear, complete and comprehensible form: a. a description of the Cable Services provided by the Grantee, accompanied by a listing of the charges for each such service, either alune or in combination; b. a listing of all rates, terms and conditions for each Cable Service or tier of Cable Service, both alone and in combination, and all other charges, such as for returned checks and for relocating cable outlets; c. a general explanation of other communications devices which may be used in conjunction with the System, including but not limited to, video cassette recorders, remote control devices, closed captioning decoders, parental control devices, and, if applicable, the use of publicly available equipment and a listing of the Grantee's charges for connecting such devices to the System; d. a description of the Grantee's billing and collection procedures; e. the procedure for the resolution of billing disputes, including the telephone number of the City of Clearwater office Subscribers may call with regard to billing disputes, as specified by the Grantor; 1. a description of the Grantee's policies concerning credits for outages and reception problems, consistent with these consumer protection standards; CWAPP 000 - 19 - (,~(,='~6'20' .. t\ ,,.' ~ . '. ',. . . ',,' .. .... ~ _ h . _,__ ~.__ g. an explanation of the procedures and charges, if any, for upgrading, downgrading or disconnecting services, consistent with these consumer protection standards; h. the required time periods for the completion of installation requests, consistent with these consumer protection standards, and an indication of the penalties for failure to complete installation within such time periods; i. the complaint resolution process; j. the procedures by which the Subscriber will be notified of any rate increase; k. the local or toll-free numbers for the Grantee's Subscriber service telephone system; I. a listing of the access channels and a description of the purposes and uses of such channels; and m. a description of significant rights accorded to the Subscriber pursuant to applicable law. 1.1.2 The Grantee shall deliver three (3) copies of all such subscription information to the Grantor within three (3) days after distributing it to the first Subscriber or potential Subscriber so that the Grantor may ensure that the information contained therein comports with these consumer protection standards and is not misleading. If the Grantor determines that such information does not comport w~h these consumer protection standards or this Ordinance or is misleading, the Grantor may order the Grantee to submit to any Subscr:ber or potential Subscriber corrected subscription information. The Grantee agrees that the Grantor assumes no liability for the subscription information by virtue of its review of such information. 1.2 . Anyone who requests the installation of Cable Service from the Grantee shall have the right to rescind such request at anytime prior to the point in time at which physical installation upon the premises begins. Anyone who requests a particular service from the Grantee shall have the same right of rescission, except that such right shall expire once the requested seNice is actually received by such Person. 1.3 Marker Showing Converter DlaLLocations. The Grantee will provide Subscribers with a dial location card for all Cable Services, and will provide a new card showing the then-current Channel lineup on an annual basis thereafter. r....:\OD r,'V: - 20 ~ 01;0::061201 1.4 atiOD. 1.4.1 Under normal operating conditions, the standards in this Section shall be met no less than ninety-five percent (950/0) of the time measured on a quarterly basis. 1.4.2 Once a request for Cable Service is received, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall install the necessary equipment to receive seNice. The Grantee may schedule installation activities outside of normal business hours for the express convenience of the Subscriber. " 1.4.3 Unless a later date is req uested by a potential Subscriber, the Grantee shall complete installation of service for any new Subscriber within seven (7) business days after any such request is received, where the installation is located up to 125 feet from the existing distribution system. 1.5 Record.s..oLReQuests for Cable Service. 1.5.1 The Grantee shall keep records capable of showing all requests for Cable Service, which shall contain, with respect to each request for service, the name and address of the Person requesting service, an identification of the block on which the Person requesting service resides or is otherwise located, the date on which service was requested, the date and appointment period on which service was scheduled to be provided and the date and appointment period seNice was actually provided. These records shall be assembled continuously and made available to the Grantor in summary form and in a legible format. 1.5.2 Any information in tne records required by Section 1.5.1 of this Appendix may be destroyed three (3) years after such information was collected, unless the Grantor authorized the Grantee, in writing, to destroy any information required by Section 1.5.1 of this Appendix prior to the expiration of such three (3) year period. SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES 2.1 Training oLEmpJoyees 2.1.1 Each employee of the Grantee who may come into contact with members of the public at their places of residence shall: (i) wear a Company- provided uniform identifying the Grantee; (ii) use a vehicle appropriately identifying the - 21 - 0503961201 CWAPP 006 , . _ ~_ _ _~_._'.... _,..,_t.._...._;"......_..........~ ~.__....v<~.~~~_~.~ _"... '.' . __1 . ~ ,.. ,," . ~ / ~. " , j ~,., .... . ..'" ~t . , Grantee; (iii) wear a picture identification card indicating his or her employment with the Grantee. Each such employee shall also be trained to perform efficiently the various tasks, including responding to consumer inquiries and complaints, necessary to provide consumer services in a responsible and courteous manner. 2.1.2 All Company em.ployees shall identify themselves by name when answering Company telephone lines routinely used by members of the public. 2.2 ~. The Grantee shall have local or toll free telephone lines for receiving requests for repair or installation services, for reporting outages and for responding to billing questions. These lines shall be answered twenty-four (24) hours per day, seven (7) days per week, with an answering service or automated device answering them outside of the Grantee's business hours (during which hours these lines shall be answered by Company employees on request). If calls concerning area outages are received, the answering service or automated device shall (i) at the end of the recorded message, permit Subscribers to report outages and to leave their name and account number, if available, for an outage credit; (ii) contact the person authorized by the Grantee to initiate corrective measures; and (iii) with respect to outages known to the Grantee, provide up-to-date information on outages, such as the suspected cause, the efforts underway to correct the problem and the estimated time when service will be restored. The answering service or automated device shall record calls concerning billing questions, complaints, or other matters and Company employees shall return any such call within one (1) business day after the answering service or automated device takes the message. 2.3 Bjandard of Servic~ ~one System. The Grantee shall maintain a State-of-the-Art telephone system throughout the term of this Ordinance. At the commencement of the term of this Ordinance, the telephone system shall have, at a minimum, enough incoming lines and adequate staff to process incoming calls such that telephone ar.swer time, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. Subscribers shall receive a busy signal less than three percent (30/0) of the time. 2.4 CompJiance. The standards in Section 2.2 of this Appendix shall be met no less than ninety percent (900/0) of the time under normal operating conditions, measured on a quarterly basis. The Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards unless a historical record of complaints indicate a clear failure to comply. ('WArr- OOG - 22- {\~':'~CI3' :?Q1 SECTION 3 81 LUNG 3.1 Iha.Format of a Subscriber's Bill 3.1.1 The bill s;lall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers. 3.1.2 The bill shall contain itemized charges for each category of Service and equipment and any installation of equipment or facilities and monthly use thereof (together, "Equipmentll) for which a charge is imposed (including late charges, if any), an explicit due date, the name and address of the Grantee and telephone number for tt~e Grantee's office responsible for inquiries and billing, the telephone number specified by the Grantor for the resolution of billing disputes, and the FCC Community Unit Identifier Number. The bill shall state the billing period, amount of current billing and appropriate credits or past due balances, if any. 3.1.3 The Grantee shall not charge a potential Subscriber or Subscriber for any Service or Equipment that the Subscriber has not affirmatively requested by name. A Subscriber's failure to refuse a cable operator's proposal to provide such Service or Equipment shall not be deemed to be an affirmative request for such Service or Equipment. 3.2 ~. All bills shall be rendered monthly, unless otherwise authorized by the Subscriber, or unless service was provided for less than one (1) month. 3.3 Procedures for CoUecting Late 8.iJ.ls. 3.3.1 No bill shall be due less than fifteen (15) days from the date of the mailing of the bill by the Grantee to the Subscriber. 3.3.2 A bill shall not be considered delinquent until at least forty- five (45) days have elapsed from the mailing of the bill to the Subscriber and payment has not been received by the Grantee, provided that no bill shall be mailed more than fifteen (15) days prior to the date services covered by such bill commence, except in cases where a Subscriber requests advance billing. Late fees not to exceed one percent (10/0) may be applied to a delinquent bill, so long as the billing.dispute resolution procedures set forth in Section 3.4 of this Appendix have not been inniated. 3.3.3 Except for terminating access to pay-per-view events, movies or other usage-priced services, the Grantee shall not physically or electronically discontinue service for nonpayment of bills rendered for seNice until: (i) the Subscriber is delinquent in payment for service; and (ii) at least five (5) days have elapsed after a separate written notice of impending discontinuance has been serviced personally -','" .\r>r ('\0'11'; - 23 - 0503?61201 upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the Subscriber a separate written notice of impending discontinuance (for which postage is paid by the Grantee), addressed to such Person at the premises where the Subscriber requests billing; or (iv) at least five (5) days have elapsed after a Subscriber has eijher signed for or refused a certified letter (postage to be paid by the Grantee) containing a separate written notice of impending discontinuance addressed to such Person at the premises where the Subscriber requests billing. Notice of Service discontinuance must clearly state the amount in arrears, the total amount required to be paid to avoid discontinuance of service, reconnect ion charges if applicable, and the date by which such payment must be made. 3.4 3.4.1 The billing dispute resolution procedure shall be initiated once a Subscriber contacts the Grantee's department which handles billing questions for the Grantor, orally or in writing, so long as such contact occurs within thirty (30) days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic means, that the dispute resolution procedure has been initiated and the Grantee shall then contact the Subscriber to discuss the dispute. 3.4.2 The Subscriber shall not be required to pay the disputed portion of the bill until the dispute is resolved. The Grantee shall not apply finance charges, issue delinquency or termination notices, or initiate collection procedures for the disputed portion of the bill pending resolution of the dispute. 3.4.3 The Grantee shall promptly undertake whatever review is necessary to resolve the dispute, and shall notify the Subscriber of the results of the review as soon as ij is completed, but in no case later than twenty (20) business days after receipt from the Subscriber of the billing dispute, problem or complaint notification. 3.4.4 The Grantee shall notify the Subscriber in wrijing of its proposed resolution of the billing dispute, and shall inform the Subscriber that unless an appeal is taken to the Grantor within ten (10) business days after the date of postmark on the notification letter, the Grantee's resolution of the dispute shall be considered final. Where no appeal is taken, the amount the Grantee claims is due must be paid within twenty (20) days after the date of postmark on the notification letter. 3.4.5 If the Subscriber appeals the Grantee's resolution within the aforementioned period, payment of the disputed amount may be deferred until one (1) week after the Grantor has reviewed and resolved the dispute. I.WAPP ('oX, - 24 - 0503%1201 -... -. - - ---.------ ~~--.- ~ -- -- -.. -- ~ ~ . ,'" . . . 3.5 .Bef.erra.LoLQelinQuent Accounts to a CoUection Agency 3.5.1 If the billing dispute resolution procedures have not been initiated, the delinquent account may be referred to a private collection agency for appropriate action no sooner than thirty (30) business days after it becomes delinquent. 3.5.2 If the billing dispute resolution procedures have been initiated, the delinquent account shall not be referred to a collection agency prior to ten (10) business days after the conclusion of those procedures, including any appeal to the Grantor. SECTION 4 EQUIPMENT PROVIDED BY THE GRANTEE 4.1 Types oLEQuipment 1o..B.~ 4.1.1 The Grantee shall supply a closed caption decoder to any hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's cost. 4.1.2 The Grantee shall comply with all rules and regulations promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act (47 U.S.C. 99 543 and 544a). 4.2 4.2.1 The Grantee may require deposits on Equipment it provides to Subscribers, provided that all such deposits shall be placed in an interest bearing escrow account for the Subscribers, which deposit shall bear a reasonable interest rate, and provided further, that there shall be no discrimination among or between Subscribers in either the requirement for or the amount of such deposits. 4.2.2 For billing purposes, the re1u rn of rental Equipment shall be deemed to have taken place on the day such equipment is returned. SECTION 5 OUTAGE CORRECTION AND REPAIR SERVICE 5.1 Jnterruption of Service. The Grantee shall exercise its best efforts to limit any scheduled interruption of any Cable Service for any purpose to periods of minimum use. Except in emergencies or incidents requiring immediate action, the Grantee shall provide Grantor and all affected Subscribers with prior notice of CWAPP 006 - 25 - O~3961201 scheduled service interruptions, if such interruptions will last longer than thirty (30) minutes. For any other scheduled service outage, the Grantee must give notice electronically by placing an alphanumeric message on an information Channel or similar Channel on the System from time to time and at least once an hour, at least forty-eight (48) hours before the interruption of service occurs, unless the Grantor authorizes the provision of shorter notice. 5.2 .Made. Jime Periodsj)y Wblc.h Outages MusLBe Corrected-.arulBepairs 5.2.1 The Grantee shall maintain sufficient repair and maintenance crews so as to be able to correct or repair any reception problem or other service problem of either picture, or sound quality, including any outage of sound and/or picture, on any Channel except for a problem caused by an intentional, wrongful act of the Subscriber or by the Subscriber's own equipment which was not supplied by the Grantee, promptly and in no event later than twenty-four (24) hours after the Grantee either receives a request for repair service or the Grantee learns of it. For purposes of this Ordinance, "reception problem' shall constitute reception that an affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can demonstrate that the Signals transmitted to such Subscriber are in compliance with tha FCC's technical signal quality standards (47 C.F.R. 9 76.601 et seq.). 5.2.2 The Grantee shall maintain, at all times, an adequate repair and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to correct any reception problem or other service problem, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall work on the service problem. The Grantee may schedule service calls outside of normal business hours for the express convenience of the Subscriber, provided the Grantee's customer service representatives shall at all times endeavor to be aware of service or other problems in adjacent areas which may obviate the need to enter a Subscriber's premises. 5.2.3 In no event shall the Grantee cancel any necessary scheduled service call after the close of the business on the business day prior to the scheduled appointment. If the Grantee needs to cancel a scheduled appointment, it must contact the Subscriber and reschedule at a time convenient for the Subscriber. 5.3 [i. The Grantee's failure to correct outages or to make repairs within the stated time periods shall be excused in the following circumstances: (i) if the Grantee could not obtain access to the Subscriber's premises; or CWA..PP 006 - 26- 050~O~>1 ~Ol ,','- ,": ~'<,~::,,', .'-, :,~, ".: - .' .:,'. < .' . '''.., ,.,' j':<' :.~ ' . ,...... ...>, .":' ; \ ' , . <': ,-~,',",,"'. .':, ~. ' ' .;.::,,' .' ~'-',~,' ,,: ,,': .' ,',', ". . (ii) if the Grantor, acting reasonably, agrees with the Grantee that correcting such outages or making such repairs was not reasonably possible within the allotted time period. 5.4 No...Gharge f.oLAepair Service. The Grantee shall not impose any fee or charge any Subscriber for any service call to his or her premises to perform any repair or maintenance work. ' 5.5 Service Cal1s...IQ..BaProvide.d on a ~iscrii11inatory Basis. The Grantee shall provide all service calls throughout the Franchise Area on a nondiscriminatory basis. 5.6 Records...QlRepair Service BeQuests. 5.6.1 The Grantee shall keep records capable of showing all requests for repair service and information on outage correction (to the extent available with respect to each of the following types of information), which shall show, at a minimum, the name and address of the affected Subscriber, the block on which such Subscriber resides or is otherwise located, the date and the approximate time of request, the date and approximate time the Grantee responds, the date and approximate time service is restored, the type and the probable cause of the problem, the signal level measured on thirty percent (30%) but no less than fifteen (15) of the activated Channels on the System after corrective action, if applicable, the corrective steps, if any, taken, and the names of the Grantee employees who took the corrective action(s). Such records shall also describe. the corrective action taken, and, in the case of outages, shall estimate the numbers of Subscribers affected. For the purposes of this Section 5.6.1, -time. shall mean the time of request or appointment period, as applicable. 5.6.2 Any information in the records reqL:ired by Section 5.6.1 of this Appendix may be destroyed three (3) years after such information was collected, unless the Grantor authorized the Grantee, in writing, to destroy any information required by Section 5.6.1 of this Appendix prior to the expiration of such three (3) year period. SECTION 6 SUBSCRIBER COMPLAINTS 6.1 Complaints. For the purposes of this Ordinance, .complainta shall mean any written communication by a Subscriber or potential Subscriber or oral communication by a Subscriber or potential Subscriber reduced to writing, including to a complJter form, expressing dissatisfaction with any nonprogramming aspect of the Grantee's business or operation of the System. r \\' A P P (XII'.. . 27 - 0<:'03Q61201 . 6.2 Timp. ~~I ilJU for thA Re~oJutipn of Complaints. Except where another time period is required by any other provision of this Appendix, the Grantee shall make its best efforts to resolve, as soon as practicable, and in no event later than seven (7) business days, all complaints after they are received by the Grantee. Within two (2) business days of receiving a written complaint or a complaint forwarded to the Grantee by the Grantor, the Grantee shall notify the Person who made the complaint, either by telephone or in writing, that the complaint has been received and that the Grantee will make its best efforts to resolve such complaint within seven (7) business days of receipt of such complaint by the Grantee. 6.3 .B.ef.e.uaLof Complaints from the Granto( to the G(aotee. 6.3.1 If the Grantor is contacted directly about a complaint concerning the Grantee, the Grantor shall notify the Grantee. 6.3.2 Within seven (7) business days after being notified about the complaint, the Grantee shall issue to the Grantor a report detailing the investigation thoroughly, describing the findings. explaining any corrective steps which are being taken and indicating that the Person who registered the complaint has been notified of the resolution. 6.4 Compl.aio.LRecords. 6.4.1 The Grantee shall maintain complaint records, which shall record the date a complaint is received, the name and address of the affected Subscriber, the block on which such Subscriber resides or is otherwise located, a description of the complaint, the date of resolution, a description of the resolution and an indication of whether the resolution was appealed. 6.4.2 Any information in the records required by Section 6.4.1 of this Appendix may be destroyed after three' (3) years after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 6.4.1 of this Appendix prior to the expiration of such three (3) year period. SECTION 7 NOTICE 7.1 ~Qtice ReQuired 7.1.1 The Grantee shall provide notice to the Grantor and all Subscribers of any change in any fee, charge, deposit, term or condition, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. All notices required by this Section 7.1.1 shall specify, as applicable, the ,','/hPP (YIf, - 28 - ~ C,():1QI) 1 ~('l1 - service or services affected, the new rate, charge, term or condition, the effect of the change, and the effective date of the change. 7.1.2 If the Grantee provides a premium Channel without charge to Cable Subscribers who do not subscribe to such premium Channel, the cable operator shall provide a means whereby (i) ,those Subscribers without a set top box may request at the time of installation that the signal from such premium Channels be blocked to prevent any viewing during any such free period, (ii) those Subscribers with a set top box may either request that the signal for such premium Channels continue to be scrambled during any free-oHer periods, or use parental control features on the set top box to preclude viewing such premium Channel. For the purposes of this Section 7.1.2, the term 'premium Channel" shall mean any Service offered on a per Channel or per program basis, which offers movies rated by the Motion Picture Association of America as X, NC-17 or R. 7.1.3 The Grantee shall provide notice, in writing, to the Grantor and all Subscribers of any change in any Channel assignment or in any Service provided over any such Channel, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. The Grantee shall also provide notice, in writing, to the Grantor and all Subscribers that comments on programming and Channel position changes are being recorded by a designated office of the Grantor, which notice shall be provided no less often than once every sixty (60) days. SECTION 8 TERMINATION OF SERVICE AND DISCONNECTION 8.1 ~otice oLTermination of Service. As described in Section 3.3.3 of this Appendix, the Grantee may terminate service to any Subscriber whose bill has not been paid after it becomes delinquent, so long as the Grantee gives proper notice to the Subscriber as provided in Section 3.3.3 of this Appendix and the billing dispute resolution procedures have not been initiated. 8.2 BesubscripUon to Cable Service. The Grantee shall not refuse to serve a former Subscriber whose service was terminated, so long as all past bills and late charges have been paid in full. The Grantee may not charge such terminated Subscriber any fee(s) not applied to former Subscribers who voluntarily terminated service. The Grantee, however, may require a deposit from such a terminated Subscriber in an amount not to exceed such Subscriber's anticipated monthly charges for a two (2) month period, provided that all such deposits shall be placed in an interest bearing escrow account for the Subscriber, which deposit shall bear a reasonable interest rate. Such deposits shall be returned to the Subscriber no later than after twelve consecutive months of no delinquent payments by such Subscriber. CWAPP ~ - 29 - O~03Q~I;"O' 8.3 L~ime to Disconnectioa. If disconnection occurs at the Subscriber's written or oral request, then, for billing purposes, it shall be deemed to have occurred three (3) days after the Grantee receives the request for disconnection unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period. 8.4 Scbe.duling Appointments. Except for disconnection of Cable Service for non-pay~ent. the Grantee shall either set a specific appointment time or specify a four (4) hour time period during normal business hours, during which its work crew shall visit the Subscriber's premises to disconnect service and to remove any Equipment. The Grantee may schedule such service outside normal business hours for the express convenience of the Subscriber. 8.5 c: . The Grantee shall ensure that the subscriber's premises are restored to their original condition if damaged by the Grantee's employees or agents in any respect in connection with the installation, repair or disconnection of Cable Service. 8.6 ~for Disconnection. The Grantee shall not charge any fee for disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a period cA six (6) months or less, the Grantee shall not impose a charge on such Subscriber for reconnection within such six (6) month period, if, at or prior to the time of disconnection, the Subscriber notifies the Grantee that he or she requests to have his or her Cable Service reconnected within six (6) months. In such cases, the Grantee shall disconnect and reconnect the Subscriber's Cable SeNice remotely without visiting the Subscriber's place of residence. 8.7 Wiring. Notwithstanding any rules and regulations promulgated by the FCC during the term of the Agreement pursuant to Section 624(i) of the Cable Act (47 U.S.C. 9 544(i)) regarding the disposition of any wires installed by the Grantee within a Subscriber's premises, any and all wiring of the System inside the Subscriber's premises and all wiring from a Subscriber's premises to the Rights-of-Way shall become the property of the Subscriber if: (i) the Subscriber has paid an installation fee or the installation fee was waived by the Grantee; or (ii) the Subscriber maintained Cable Service for at least one (1) year. SECTION 9 CREDITS AND REFUNDS 9.1 Grounds. As a result of the Grantee's failure to comply with these consumer protection standards, the Grantee shall provide to each affected Subscriber or potential Subscriber, as applicable, the following credits: (i) for a failure of the Grantee's crew to arrive at the Subscriber's premises at the scheduled time or within the promised four (4) hour period for !'w.\PP,,;,r, - 30 - ('''030''''~01 ',.:. '.. '..'.....: ~': :~f,:'.:..,. '";.,:,;~'. .' ,.,' ','.:' ":<:':::':<':,' ","~'..',!, ..~.,., ." ......,. " :..... any installation service, as provided In Section 1.4.2 of this Appendix, a credit equal to free installation and the amount that would have otherwise been billed to such Subscriber for all Cable Services selected by such Subscriber for the first billing period following installation up to a maximum amount of Twenty-five Dollars ($25); (ii) for a failure of the Grantee to complete installation of service within the scheduled time period provided for in Section 1.4.3 of this Appendix, unless otherwise excused, a credit equal to free installation; (iii) for any reception problem, including any outage of sound and or picture on any Channel, as defined in Section 5.2 of this Appendix, or for any other service problem which remains unrepaired for more than twelve (12) hours after either the Grantee receives from the Subscriber a request for repair service (provided that, to the extent access to the Subscriber's premises is required to effect such repair, the Subscriber has granted the Grantee such access) or the Grantee learns of such problem, a minimum credit in an amount equal to one- thirtieth (1/30) times the total bill for Cable Service of such Subscriber for the preceding billing period, for each twenty-four (24) hour period during which such reception problem persists for at least four (4) hours; (iv) for a failure of the Grantee's crew to arrive to correct any outage or make any repair during the stated time period, as specified in Section 5.2.2 of this Appendix (except where such failure is excused by Section 5.3 of this Appendix or except where such crew is no longer required due to a repair effected in a nearby portion of the System, in which case the Subscriber shall be notified by telephone that a visit to such Subscriber's residence is no longer necessary), a credit in an amount equal to all charges billed to such Subscriber for the preceding monthly billing period up to a maximum amount of Twenty-five Dollars ($25); and (v) for the improper termination of service to a Subscriber, free reconnection and a credit in an amount equal to all charges billed 10 such Subscriber for a period equal to two (2) times the total number of days such Subscriber does not have service up to a maximum amount of Seventy-five Dollars ($75). 9.2 Eurpose. The Grantee agrees that each of the foregoing occurrences necessitating such credits shall result in injury to such Subscribers, which injury will be difficult to ascertain and to prove. The Grantee agrees that each of the foregoing credits is a fair and reasonable compensation for such injury and that such compensation constitutes liquidated damages, not a penalty or forfeiture. r:w APP 006 - 31 - 0'>(I:1Q/;1;>01 9.3 ~. For the purpose of calculating the amount of credit owed pursuant to Section 9.1 (iii) of this Appendix, such four (4) hour period shall be deemed to have begun at the time the outage occurred. 9.4 .Gred.i1s. With respect to any credit described in Section 9.1 (iii) of this Appendix, the Grantee shall automatically provide a credit on each Subscriber's bill affected by a reception problem, as applicable. If the Grantee cannot determine who was affected, then it shall provide a credit to any eligible Subscriber who makes application therefor by written or oral notice within ninety (90) days after the outage or reception problem o9curred. With respect to any other credits enumerated in Section 9.1 of this Appendix, the Grantee shall provide such credit automatically to the affected Subscriber's next bill. 9.5 Be.f..un.ds. Refund checks shall be issued promptly, but no later than either (a) the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (b) the return of the equipment supplied by the Grantee if the service is terminated. SECTION 10 MISCELLANEOUS REQUIREMENTS 10.1 . The downgrading of a Subscriber's service shall be effected solely by coded entry on a computer terminal or by another similarly simple method, and the charge for such downgrading shall be nominal, and in no event shall exceed the cost for any upgrading of a Subscriber's service by such method(s). Charges for changes in service tiers or equipment that are impossible to be made by coded entry on a computer terminal or other similarly simple method and that involve a more complex method shall not exceed actual cost, and in no event shall exceed the cost for any upgrading of a Subscriber's service by such method. 10.2 Subscriber Information. The Grantee shall display a written notice on an information Channel from time to time, stating that information, complaint resolution and repair service may be obtained by telephoning the Grantee at a designated telephone number. 10.3 .Gred.i1s. In the event applicable law permits, at any time during the term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or "rollback" rates, fees or charges for any Service provided pursuant to the Agreement, the Grantee shall automatically provide a credit on each Subscriber's bill affected by such decrease or rollback, or shall pay to each Subscriber, in cash or by check, the amount of the credit if such credit would be equal to or more than the average bill of such Subscriber for the immediately preceding three (3) month period. C\'.'.\r>P mr, - 32 - (":."'101:: " "''' 1 . - '. -~.-~ .--- --- ~ ---- -. - .....'.- ~ ~ . - . . '. ~ SECTION 11 FAILURE TO COMPLY WITH THESE REQUIREMENTS 10.4 Payment Station~. The Grantee shall maintain in the Grantor at least two full service locations at which bills can be paid and Subscriber inquiries can be answered. 10.5 .Ga1:ll.a.Gu.i.. The Grantee shall provide in any cable programming guide supplied to Subscribers a listing of the channel location of all PEG channels and the programming thereon. 11.1 MateriaLReQuirements. 11.1.1 The Grantee agrees that substantial failure to comply with any material requirement set forth in these consumer protec1ion standards shall constitute an Event of Default. 11.1.2 The Grantee also agrees that if the Grantor determines, in the exercise of its sole discretion, that the Grantee has, after notice from the Grantor, repeatedly failed to comply with any requirement set forth in these consumer protection standards, then the Grantor may elect to treat such failure in all respects as an Event of Default. 11.2 . If the Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or agents abide by these consumer protection standards, the Grantee shall be liable for any breach of these consumer protec1ion standards committed by its contrac1ors, subcontractors, or agents just as if the Grantee itse~ had committed the breach. SECTION 12 DEFINITIONS 12.1 . The term -normal business hours" means those hours during which most similar businesses in the community are open to selVe customers. In all cases, -normal business hours. must include some evening hours at least one night per week and/or some weekend hours. 12.2 ~ormal Operating Conduions. The term -normal operating conditions- means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are r\'JAPP ('II~r. - 33 . rH~I"'l...cr- ~ "'\f"I 4 Jit:~'l", ''','1 '" .". '\ r' - ~ .,. 'e" ~ ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-par-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. I I i i I - ;.'i4 - f<''j es r \ +0 \ Y\+~ .l,( . 1'1'\ ...:.Vl'\ () r~-\~.(('ec, - iF I / associated signal generation, reception and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such tenn does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (ill) a facility of a common carrier which is subject, in whole or in PaI4 to the provisions of subchapter II of the Communications Act of 1934, except to the eKtent such facility is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an electric utility used solely for operating its electric utility system. "Channel" rreans a band of frequencies in the electromagnetic spectrum, or any other means of transmission (including, without funitation, optical fibers or any other means now available or that may become available), which is capable of carrying a video Signal, an audio Signal, a voice Signal, or a data Signal. "Control" or "Controlling Interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative contI"ol, as the case may be, of the System, the Franchise or the Grantee. ~nomically and ThcllniC3.11y1'easibl~ and Viable" means capable.aI-being provided.:. fa) throughJ~nology wt1ic.b i~ readily available with rfl.ason~ble delivery sch.ed.uJ.fsJrom two !2J or more sources of supply and bas been d~monstrated ill actual operating conditions (not simply through tests or expedments) to operate in a workable Olanner; and (b) in a manner whicb has a reasonable likelihood of generating a reasonable return on the Grantee's investment when Ineastlred over the remaining term of.Jhe...Franchise. "FCC" means the Federal Communications Commission, its designee, or any successor thereto. "Franchise Area" ~ans the area consisting of the corporate limits of the City of Clearwater, as its border may be changed from time to time. "Grantee" means GTE Media Ventures Incorporated, a Delaware corporation, whose principal place of business is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX 75015-2092. "Grantor" means the City of Clearwater, Florid~ or, as appropriate in the case of specific provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official, employee, or agent thereof, any designee of any of the foregoing, or any successor thereto. "Gross Revenue" means all revenue, as detennined in accordance with generally accepted accounting principles, including advertising revenue, which is received by the Grantee~ by any Affiliated Person, and any other Person from or in connection with the distribution of any Service on cwfranagr.007 3 the System or the provision of any service related activity in connection witll providing Service on the Systeln Gross Revenue shall not include the revenue of any Affiliated Person and other Person, including, without litnitation, a supplier of programming of the Grantee, to the extent that said Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include any revenues .otherwise classified as "hohcable serv ice lSoncable Service" revenue uunder federal Of state law or any revenue of the Grantee or any otller Person which is received directly from the sale oflrerchandise through any Service distributed over the System (other than that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the System for the sale of such merchandise, which portion shall be included in Gross Revenue). ''Nvocable Service" means any Service which is distributed over the System, otber than a Cable Service. "Pay Service" means any Cable Service offered on a per Channel or per program basis. "Person" means any natural person or any association, fmn, partnership, joint venture, corporation, or other legally recognized entity, whEther for-profit or not-for-profi4 but shall not mean the Grantor. "Rights-of.. Way" means all of the public streets, alleys, highways, waterways, bridges, easements, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. 6'Service" means any Cable Service, including any Basic Service, and any other related service, such as, the provision of any equipment and any installation of equipment or facilities and monthly use thereof, whether originated by tl1e Grantee or any other Person, which is offered to any Person in conjunction with, or distributed over, the System. "State-of-the-Art" or "State otthc Art/' as applicable, means that level of technical or service performance, capacity nnd capability (including, but not limited to, plant or other equipment; c.onstruction techniques; customer service; facilities, equipment, systems and. Qperation~; and per(ormance standnrds) which has been d~veloped and demonstrated in tb-: ~",stry to be workahle nnd..EcoRomically and TechnicalLY Feasible and ViabkJi:mn time to time througbout the term of tbf: Franchise... "Subscriber" means any Person lawfully receiving any Service provided by the Grantee by n1eans of or in connection with the System, whether or not a fee is paid for such Service. 6'Subscriber Network" means that portion of the System over which Services are provided primarily to residential Subscribers. 6'Systeln" ne,UlS the Cable System which is to be constructed or leased, operated, maintained cwfranagr .007 4 .. Section 7 -- The System (A) TIle Grantee shall construct, operate, maintain, and upgrade the System as provided in this Ordinance. (B) The Grantee shall build the System on the schedule and as otherwise provided in Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-eight ffflJ nine (79) activated downstremTI video Channels, and a minimum upstream capacity of thirty-five (35) Mhz, an errergency override rrechanism, and the other characteristics set forth on Appendix A. (C) The Grantee shall construct, operate, maintain and upgrade the System such that it is capable of transmitting and receiving signals to and from any other Cable System in the City of Clearwater. (D) 'The Grantee shall comply with the terms set forth in Appendix B in connection with all work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System, in addition to any other requireIrents or procedures reasonably specified by the Grantor. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is hannful to the health or safety of any Person, then the Grantee shall, at its own cost and expense, promptly correct all such conditions. (E) Neither the Grantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the Grantee or any Affiliate Person for any liability unless such liability arises because of the willful misconduct or gross negligence, as a result of or in connection with the protection, bleadillg .bJ:.eaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any errergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Stree4 or the elimination, discontinuation, and closing of any Street, as provided in this Ordinance. (F) Performance Bond (1) To guarantee the timely construction of the System and of any upgrade undertaken during the term of this Ordinance, to ensure that the operation of the System continues in an orderly and uninterrupted manner in the event of a default by the Grantee, and for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and shall maintain throughout the term of this Ordinance, a performance bond solely for the protection of the Grantor, with a corporate surety and trust company acceptable to the Director, as provided in this Section. cwfranagr.007 9 .' ,,' . . . 01 . . _ ' .. - _. --~ (2) The performance bond shall be in a face amount of One Hundred Thousand Dollars ($100,000.00). (3) 11le performance bond shall indemnify the Grantor, up to the full face amount of the bomJ9 for: (i) the cost to continue any upgrade of the System in the Franchise Area and to maintain operation of the System following a termination of this Ordinance up to the date upon which the face amount of the bond, plus all net revenue actually received through the continued operation of the System during said period, have been eKhausted; (ii) any loss or damage to any municipal structure during the course of any construction or operation of the System; (ill) any other costs, or loss or damage actually incurred by the Grantor as a result of the Grantee's failure to perform its obligations pursuant to this Ordinance; (iv) the removal of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set forth in this Ordinance; (vi) the payment of premiums for the liability insurance required pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor at the termination of this Ordinance, at the election of the Grantor9 pursuant to this Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable pursuant to Section 16 which are not paid by the Grantee 9S insurance; (ix) the payment of any other alOOunts which become due to the Grantor pursuant to this Ordinance or law; and (x) anycosts910sses or damages incurred by the Grantor as a result of a default of the Grantee's obligations under this Ordinance. (4) The performance bond shall be in a form approved by the Director .CiU Attorney. Such approval shall not be unreasonably withheld. Such bond shall provide that it may not be canceled without the consent of the Grantor. The Grantor will be given Sixty (60) days written notice by registered mail, return receipt requested of intent to cancel or not renew this bond. (5) The faithful perfonnance by and the liability of the Grantee pursuant to this Ordinance shall not be limited by the acceptance of the bond required by this Section 7 (F). (6) Throughout the tenn of this Ordinance9 or for as long as the Grantee operates the System, which ever period is longer, and for at least ninety (90) days thereafter., the Grantee shall maintain the performance bond in the amount specified in this Section 7 (F)(2). Within fifteen (15) business days after receipt of notice from the Grantor that any amount has been withdrawn from the performance bond, as provided in this Section, the Grantee shall restore the perfonnance bond to the amount required pursuant to Section 7(F)(2), provided that said restoration obligation shall be suspended during the period of any judicial challenge by the Grantee to the propriety of said withdrawal froln the performance bond. If a court determines that said withdrawal by the Grantor was improper, the Grantor shall restore the improperly withdrawn amount to the performance bond. (7) 'The Grantor shall have the right to withdraw amounts from the performance bond to cure any breaches of obligations for which the perfonnance bond acts a security, cwfranagr .007 10 . . . ~. ~ ....,.- . ~. ~ , , (d) If the Grantor's governing body determines that such Event of Default has occurred, and that such Event of Default has not been and will not be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, and that such Event of Default is not excusable, then the Grantor may take any of the actions provided in Section 15(8)(2). .!.!J. UpOh the occuuell...e of LeJ l( a cHurl of competent judsdi~tion deterrnines that an Event of Default under Section 15(B)(1) ffl has occurred, the court's detennination shall be deemed a final determination by the Grantor under Section 15(B)(3) and in addition to pursuing any of the actions set forth in this Section 15(B)(2), the Grantor may issue a directive to correct such conditions, consistent with this Ordinance and the determination of the court, without following the procedural requirements of this Section 15(8)(3). (C) In the event of any termination of this Ordinance, whether by expiration (where the Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may (i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of this Ordinance and such additional terms and conditions as are equitable to the Grantor and the Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction and operational activities in a prompt and workmanlike manner. CD) In addition to its rights under Section 15(C), upon any termination, the Grantor may issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or any portion of the System from all Rights-of-Way and other public or nonpublic property within the Franchise Area, subject to the following: (1) in removing the System, or any part thereof, the Grantee shall, at its own expense, refill and compact any excavation it makes, and shall leave the Righl~-of-Way and other property, including utility cables, wires and attachments, in as good condition as that prevailing prior to the Grantee's removal of the System; (2) the liability insurance and indemnity provisions of this Ordinance shall remain in full force and effect during the period in which the System is being removed and the associated repairs to the Rights-of-Way and other property are being made; and (3) if in the reasonable judgrrent of the Grantor, the Grantee fails to substantially complete removal, including repair of the Rights-of-Way and other property within twelve (12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to: (A) authorize removal of the System,' at the Grantee's cost, by another Person; and (B) declare that all rights, title and interest to the System belong to the Grantor, including any portion of the System not designated for remova4 without compensation to the Grantee. The Grantee shall execute and deliver such documents as the Grantor may request, to evidence such ownership by the Grantor. cwfranagr.007 19 , . . .,.... ..- --. ....... . '. . . . . . ,\ . . . 8.3 LengtlLofJime to Disconnection. If disconnection occurs at the Subscriber's written or oral request, then, for billing purposes, it shall be deemed to have occurred three (3) days after the Grantee receives the request for disconnection unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period. 8.4 Sc.b..ed.uJinQ Appointments. Except for disconnection of Cable Service for non-payment, the Grantee shall either set a specific appointment time or specify a four (4) hour time period during normal business hours, during which its work crew shall visit the Subscriber's premises to disconnect service and to remove any Equipment. The Grantee may schedule such service outside normal business hours for the express convenience of the Subscriber. 8.5 . The Grantee shall ensure that the subscriber's premises are restored to their original condition if damaged by the Grantee's employees or agents in any respect in connection with the installation, repair or disconnection of Cable Service. 8.6 . The Grantee shall not charge any fee for disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a period of six (6) months or less, the Grantee shall not impose a charge on such Subscriber for reconnection within such six (6) month period, if, at or prior to the time of disconnection, the Subscriber notifies the Grantee that he or she requests to have his or her Cable Service reconnected within six (6) months. In such cases, the Grantee shall disconnect and reconnect the Subscriber's Cable Service remotely without visiting the Subscriber's place of residence. 0.7 '/v'iring. Notwithstanding any rules and regulations promulgated by the rcc during the term of the Agreement pursuant to Section 624(i) of the Cable Act (47 U.S.C. S 544(i)) regarding the disposition of any wires installed by the Grantee within a Subscriber's premises, any and all wiring of the System inside the Subscriber's premises and all wiring from a Subscriber's premises to the Rights-of-VVay shall become the property of the Subscriber if: 0) the Subscriber has paid an installation fee or the installation fee was waived by the Gr~ntee; or (ii) the Subscriber maintained Cable Service for at least one (1) year. . SECTION 9 CREDITS AND REFUNDS 9.1 Grounds. As a result of the Grantee's failure to comply with these consumer protection standards, the Grantee shall provide to each affected Subscriber or potential Subscriber, as applicable, the following credits: (i) for a failure of the Grantee's crew to arrive at the Subscriber's premises at the scheduled time or within the promised four (4) hour period for CWAPPA.RL 1 - 30- 0531961729 .# II C A h,(\\.,J (\LI1- C\-\- \'\1~ ORDINANCE NO. 6046-96 AN ORDINANCE GRANTING TO GTE MEDIA VENTURES INCORPORATED THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND RIGHTS-OF- WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 -- ~~indings Pursuant to the procedures in the Cable Act (as defined in Section 3), and Section 166.046 of the Florida Statutes (Municipalities - Definitions; minimum standards for cable television franchises imposed upon counties and municipalities), the Grantor (as defined in Section 3) has held a public hearing where the following issues related to granting a cable television franchise to Grantee were considered: (i) the economic impact upon private property within the City; (ii) the public need for such franchise; (iii) the capacity of public rights-of-way to accommodate the cable system; (iv) the present and future use of the public rights-of-way to be used by the cable system; (v) the potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise applicant to perform; and (vii) other societal interests as are generally considered in cable television franchising. The Grantor has detennined to grant a new cable television franchise to GTE Media Ventures Incorporated (the "Grantee") on the tenus and conditions set forth in this Ordinance, and the Grantee agrees to such terms and conditions. Section 2 -- Short Title This Ordinance shall be know and may be cited as the "GTE Media Ventures Cable Franchise. " Section 3 -- Definitions For purposes of this Ordinance, the following tenns, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present cwfranagr.007 1 .- 0'0 f \ " . .. .. ". i'"" ' . . .... ~ ~ .. .......~..-...~. -: - . . ~. . , I " ~'j' .. ... .... ~, , ',' , tense include the future, words in the plural number include the singular number ami words in the singular number include the plural number. 'n1e word "shall" is always mandatory and not merely directory. "AbandUlllnent" means: (i) the cessation, by act or failure to act of the Grantee of the provision of all, or substantially all, of the Services then being provided over the System to Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event beyond the control of the Grantee; or (ii) the completion of any action described in Section 14 of this Ordinance without the prior written consent of the Grantor. "Affiliated Person" means each Person who falls into one or more of the following categories: (i) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii) each Person in which the grantee has, directly or indirectly, a Controlling Interest; (iii) each officer, director, general partner, limited partner holding an interest of twenty-five percent (25%) or more, joint venturer or joint venture partner, of the Grantee; and (iv) each Person, directly or indirectly, controlling, controlled by, or under common Control with, the Grantee; provided that "Affiliated Person" shall in no event Il"Can the Grantor, the entity, if any, administering some or all of the Access Channels, any limited partner holding an interest of less than twenty-five percent (25%) of the Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or being under COIllmon ownership, cornmon management, or common Control with, the Grantee. "Basic Service" n~ans that level of Cable Services distributed over the Subscriber Network, which, at a minimum, shall include: (i) all Signals carried on the System in fulfillment of the requiren~nts of Sections 614 and 615 of the Cable Act (47 V.S.C. ~~ 534 and 535, respectively); (ii) any Access Channel prograrrnning required by this Ordinance to be provided to Subscribers; (Hi) any Signal of any broadcast. station provided by the Grantee to any Subscriber, except a Signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any other Cable Services offered as basic service. HCable Act" means the Cable Communications Policy Act of 1984,47 V.S.C. ~~ 521-611 (1991) and any amendments thereto, including amendments made by the Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified at 47 V.S.C. ~~ 151-611 (1993) and any amendments thereto, including amendments made by the Telecomlnunications Act of 1996, Pub. L. No. 104-104,119 Stat. 56 (1996), all of which, among other things, are amendments to the Communications Act of 1934, 47 V.S.C. ~~ 151-611 (1991). HCable Service" means: (i) the one-way transnlission to Subscribers of video programming or other progrannning service and (ii) Subscriber interaction, if any, which is required for the selection or use of such video programming or other progranuning service. HCable System" means any facility, consisting of a set of closed transmission paths and cwfranagr.007 2 , . . . ~... . - ",.. ..-- . . . , , . . . associatcd signal generation, reception and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a . cOllul1unity, but such term does not include (i) a facility that scrves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provLl\ions of subchaptcr 1I of the Communications Act of 1934, except to the extent such facility is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an electric utility used solely for operating its electric utility system. "Channel" mcans a band of frequencies in the electromagnetic spectrum, or any other means of translnission (including, without limitation, optical fibers or any other means now available or that may becon~ available), which is capable of carrying a video Signal, an audio Signal, a voice Signal, or a data Signal. "Control" or "Controlling Interest" means actual working control in whatever manner exercised, induding, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the System, the Franchise or the Grantee. "Econonlically and Technically Feasible and Viable" means capable of being provided: (a) through technology which is readily available with reasonable delivery schedules from two (2) or more sources of supply and has been demonstrated in actual operating conditions (not simply through tests or experiments) to operate in a workable manner; and (b) in a manner which has a reasonable likelihood of generating a reasonable returu on the Grantee's investment when measured over the remaining term of the Franchise. "FCC" means the Federal Conununications Commission, its designee, or any successor thereto. "Franchise Area" n~ans the area consisting of the corporate liInits of the City of Clearwater, as its border may be changed from time to time. "Grantee" means GTE Media Ventures Incorporated, a Delaware corporation, whose principal place of business is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX 75015-2092. "Grantor" means the City of Clearwater, Florida, or, as appropriate in the case of specific provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official, enlployee, or agent thereof, any designee of any of the foregoing, or any successor thereto. "Gross I~c\'cnuc" means all revenue, as determined in accordance with generally accepted accounting principles, induding advertising revenue, which is received by the Grantee, by any Affiliated Person, and any other Person from or in connection with the distribution of any Service on cwfranagr.007 3 I .r- GVCv' I . , '. J ~... . - -, ..-. .. ", . ,.' the System or the provision of any service related activity in connection with providing Service on the System Gross Revenue shall nut include the revenue of any Affiliated Person and other Person, including, without lill1itation. a supplier of programming of the Grantee, to the extent that said Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include any revenues otherwise classified as "Noncable Service" revenue under federal or state law or any revenue of the Grantee or any other Person which is received directly from the sale of merchandise through any Service distributed over the System (other than that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the System for the sale of such merchandise, whkh portion shall be included in Gross Revenue). "Non cable Service" means any Service which is distributed over the System, other than a Cable Service. "Pay Service" means any Cable Service offered on a per Channel or per program basis. "Person" means any natural person or any association, finn, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profi4 but shall not Inean the Grantor. "Rights-of- Way" means all of the public streets, alleys, highways, waterways, bridges, easelnents, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. "Service" means any Cable Service, including any Basic Service, and any other related service, such as, tlle provision of any equipment and any installation of equipment or facilities and monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any Person in conjunction with, or distributed over, the System. "State-of-the-Art" or "State of the Art," as applicable, means that level of technical or service perfonnance, capacity and capability (including, but not limited to, plant or other equipment; construction techniques; customer service; facilities, equipment, systems and operations; and performance standards) which has been developed and demonstrated in the cable industry to be workable and Economically and Technically Feasible and Viable from time to time throughout the term of the Franchise. "Subscriber" means any Person lawfully receiving any Service provided by the Grantee by means of or in connection with the System, whether or not a fee is paid for such Service. "Subscriber Network" means that portion of the System over which Services are provided primarily to residential Subscribers. "System" Ireans the Cable System which is to be constructed or leased, operated, maintained cwfranagr.007 4 and upgraded, as necessary. by the Grantee pursuant to this Ordinance, including, without limitation, all of Grantee's rights to and interest in all real property, all tangible and intangible personal property, buildings, offices, furniture, leases, Subscriber lists, cables, amplifiers and all other electronic devises used in connection therewith and all of Grantee's rights to and interest in all rights, contracts and understandings with regard to any matter related thereto. Section 4 -- Grant of Authority (A) ll1ere is hcreby granted by Grantor, to Grantee, the rights and privilege to construct, erect, operate, own and maultain, in, upon, along, across, above, over and under Rights-of-Way now laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires, cables, underground conduits, manholes and other communication futures and utility structures necessary or proper for the maintenance and operation of the System in accordance with the provisions of this Ordinance; and in addition, so to use and operate similar facilities or properties including, but not limited to, any public utility, rented or leased from other persons, including, but not liInited to, other grantees franchised or penl1itted to do business in the City. This Franchise is a warded subject to all applicable City ordinances and regulations, provisions of general or special laws of Florida, and the federal laws and regulations. (B) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable Services only and only within the Franchise Area. (C) The Franchise is nonexclusive. Nothing in this Ordinance shall affect the right of the Grantor to grant to any Person, or to itself, a franchise, consent, or right to occupy and use the Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part of a Cable System within the Franchise Area or for any other purpose. (D) This Section 4(D) shall be applicable if the Grantor exercises its right to grant to any third party one or rnore franchises for the construction, operation or maintenance of a cable system pursuant to the Cable Act, and shall be implemented consistent with Section 166.046 of the Florida Statutes (Municipalities - DefInitions; minimum standards for cable television franchises imposed upon counties and municipalities). If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter "Additional Cable Franchise Ordinance") for the construction, operation or maintenance of a Cable System pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise Ordinance pursuant to which such Additional Cable Franchise Ordinance is granted bestows benefits or imposes burdens on the franchisee which, on balance, are materially more advantageous to such third party th,Ul the benefits bestowed and burdens imposed on the Grantee by this Ordinance are to the Grantee, then the Grantee may request that the Grantor make a determination to such effect and, in the event of such a detennination, renegotiate the terms and conditions of this Ordinance as provided below. 'I11e Grantee may only request such a detcrmination if the Grantee is in substantial compliance with cwfranagr.007 5 (jV!(J/ the material provisions of this Ordinance. In the evcnt of such a request, the Grantor shall determine. under its standard procedures, whether the Additional Cable Franchise Ordinance bestows benefits or imposes burdens on the third party which, on balance. are materially more advantageous to the third party than the benefits and burdens impLlseLi by this Ordinance are to the Grantee. In making a determination under this subscction. the Grantor may consider factors such as, but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee, including the Grantee; (iii) the number and density of dweJling units to be served; (iv) differences in construction, opcrational and maintenance costs; (v) differences in required system characteristics, including state-of-the-art requirement~; (vi) differences in service obligations, including public, educational and governmental access and institutional service requirelnents; (vii) differences in pennitted company fees and charges; and (viii) such other factors and considerations as it considers to be relevant to an inquiry into the overall econOlnic comparability of the agreements. If the Grantor determines that the Additional Cable Franchise Agreement bestows benefits and imposes burdens on the third party which, on balance, are materially more advantageous to the third party than the benefits bestowed and burdens imposed by this Ordinance are to the Grantee, then upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to seek to modify this Ordinance to bestow benefits and impose burdens which. on balance, create overall economic comparability between this Ordinance and the Additional Cable Franchise Agreement. (E) Nothing in tIlls Ordinance shall be construed to prohibit the Grantor from (i) operating as a multichannel video progranuning distributor in the Franchise Area, notwithstanding the granting of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate as a multichannel video programming distributor. (F) Nothing in this Ordinance shall (i) abrogate the right of the Grantor to perform any public works or public improvements of any description, (ii) be construed as a waiver of any codes or ordinances of the Grantor or of the Grantor's right to require the Grantee or any Person utilizing the System to secure the appropriate permits or authorizations for such use, or (iii) be construed as a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or part of the Rights-of-Way within the Franchise Area are elitninated, discontinued and closed, the Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action of the Grantor with respect thereto. (G) Nothing in this Ordinance authorizes the Grantee to provide noncable services. Consistent with applicable law, the Grantee may petition the Grantor for the authority to provide noncable services, and the Grantor may grant such authority on tenns and conditions that the Grantor reasonably determines are appropriate in the circumstances. cwf ranagr.007 6 '+...t...... ". "'~.''''''.''' '4 " '<..~i.~...:.,_ r I''-I'_''t':'''~ ...... '........ '. . '. .' . . i -.'- -_.~- __oL. Section 5 -- Term of Franchise (A) The Franchise and rights herein granted shall take effect and be in force fronl and after the final passage hereof, as required by law and upon the filing of an acceptance by Grantee of all the terms thereof with the Grantor and shall, unless sooner terminated pursuant to this Ordinance or . applicable law, continue in force and effect for a term of ten (10) years after the effective date of this Franchise. (B) Subject to Section 626 of the Cable Act (47 V.S.C. ~ 546), the Grantor reserves the right to grant or deny renewal of the Franchise. Section 6 -- Compensation and Other Payments (A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the Grantor the amounts set forth in this Section 6(A)-- (I) The Grantee shall pay to the Grantor franchise fees of five percent (5%) or the maximmn amount permitted by the Cable Act if hereafter adopted by resolution of the Grantor. (2) All such payn-ents of franchise fees shall be made on a quarterly basis and shall be remitted simultaneously with the submission of the Grantee's quarterly report required pursuant to Section 6(A)(3). (3) The Grantee shall submit to the Grantor a report, in such fonn and containing such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last day of each quarter throughout the term of this Ordinance setting forth the Gross Revenue for the preceding quarter. (4) No acceptance of any franchise fee payment by the Grantor shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount for a release of any daiIn that the Grantor may have for further or additional sums payable under this ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor. If, as a result of sllch audit or any other review, the Grantor determines that the Grantee has underpaid its fees in any twelve (12) month period by ten percent (10%) or more, then, in addition to making full pa)'Irent of the relevant obligation, the Grantee shall reimburse the Grantor for all of the reasonable costs associated with the audit or review, including all reasonable out-of-pocket costs for attorneys, accountants, and other consultants. (5) If the Grantee collects from Subscribers any amounts to be paid to leased access programn~rs for the provision of Services on the System that would not otherwise be cwfranagr.007 7 eVtr ........> <', . "".'. .', ',,", " :...,:.... ""':'::~~~;:';.>', '.' " :.:: ....::..' , .' " ,.,,;':. .' " .' ',: '., :'. ". ' included in the dcfinition of Gross Revenue, the Grantee ~hall deduct the same percentage from such amounts as the then-applicable franchise fce percentage pursuant to Section 6(A)( 1) and include such deducted amounts in its payment to the Grantor pursuant to this Section 6(A) and include such payments in ill) report pursuant to Section 6(A)(3). (6) The Grantee shall ensure, through contract or other arrangement, that any Person other thall the Grantee who collects from Subscribers amounts that would constitute Gross Revenue if received directly by the Grantee (e.g., from a Person who leases a channel pursuant to Section 612 of the Cable Act) is required to remit to the Grantor quarterly a percentage of such amounts collected which is equal to the then-applicable franchise fee. Such contract or arrangement must also require the Person to submit a quarterly report which n-cets the requirencnts of Section 6(A)(3) and must cntitle the Grantor to enforce the fee and reporting requirement'; directly against the Person. (B) The parties agree that the compensation and other payments to be made pursuant to this Section 6 and allY other provision of this Ordinance are not a tax and are not in the nature of a tax and are itl addition to any and all taxes of general applicability or other fees or charges (including any fees or charges which may be imposed on the Grantee for the use of poles, conduits or similar facilities that rnay be owned or controlled by the Grantor) which the Grantee or any Affiliated Person shall be required to pay to the Grantor. (C) ]f any payment required by this Ordinance is not actually received by the Grantor on or before the applicable date fixed in this Ordinance or by the Grantor, the Grantee shall pay interest thereon, fro111 the due date to the date paid at a rate of one percent (1 %) per month, compounded monthly, for the period of delinquency. (D) In the event the Grantee continues to operate all or any part of the System after the telTIl of the Franchise, then the Grantee shall continue to comply willl all applicable provisions of this Ordinance, including, without limitation, all compensation and uther payment provisions of this Ordinance, throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise. (E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a grant in the amount of Fifty Thousand Dollars ($50,000.00) to be used to reimburse the reasonable costs incurred by the Grantor for the services and expenses of third parties (including, but not limit to, attorneys and other consultants) in connection with the award of the Franchise effected by this Ordinance, or by Grantor for any other lawful purpose. The Grantee shall pay, in a manner satisfactory to the Grantor, an amount equal to the costs and expenses which the Grantor incurs in the futurc for the services of third parties (including, but not Hmited to, attorneys and other consultants) in connection with any future renegotiation, transfer, amendment, renewal or other modification of this Ordinance or the Franchise (where such action is initiated or supported by the Grantce or an Affiliated Person) at such time and in such manner as the Grantor shall specify. cwfranagr.007 g 1m I. . .' . . ~ ~, . ! . . '. :'h - ;:.- - -. Section 7 -- The Systern (A) The Grantee shall construct, operate, maintain, and upgrade the System as provided in this Ordinance. (B) The Grantee shall build the System on the schedule and as otherwise provided in Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-nine (79) activated downstream video Channels, and a minimum upstream capacity of thirty-five (35) Mhz, an emergency override mechanism, and the other characteristics set forth on Appendix A. (C) The Grantee shall construct, operate, maintain und upgrade the System such that it is capable of transmitting and receiving signals to and from any other Cable System in the City of Clearwater. (D) The Grantee shall comply with the terms set forth in Appendix B in connection with all work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System, in addition to any other requiren-cnts or procedures reasonably specified by the Grantor. All work involved in the construction, operation, maintenance, repair, upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is hannful to the health or safety of any Person, then the Grantee shall, at its own cost and expense, promptly correct all such conditions. (E) Neither the Orantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the Orantee or any Affiliate Person for any liability unless such liability arises because of the willful misconduct or gross negligence, as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any energency, public work, public improve~nt, alteration of any municipal structure, any change in the grade or line of any Street, or the eliInination, discontinuation, and dosing of any Street, as provided in this Ordinance. (F) Perfonnance Bond (1) To guarantee the timely construction of the System and of any upgrade undertaken during the term of this Ordinance, to ensure that the operation of the System continues in an orderly and uninterrupted I1wmer in the event of a default by the Grantee, and for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and shall maintain throughout the tenn of this Ordinance, a performance bond solely for the protection of the Grantor, with a corporate surety and trust company acceptable to the Director, as provided in this Section. cwfranagr.007 9 . ~- aV~,' . , .. .. ... .. .-..---.. . .' - , ...... > . " " ~ . . . \ , (2) The performance bond shall be in a face amount of One Hundred Thousand Dollars ($1 (HJ,()()O.()()). (3) The performance bono shall indenmify the Grantor, up to the full face amount of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and to maintain operation of the System following a termination of this Ordinance up to the date upon which the face amount of the bond, plus all net revenue actually received through the continued operation of the System during said period, have been exhausted; (ii) any loss or damage to any municipal structure during the course of any construction or operation of the System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result of the Grantce 's failure to pcrform its obligations pursuant to this Ordinance; (iv) the removal of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set forth in this Ordinance; (vi) the payment of premiums for the liability insurance required pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor at the termination of this Ordinance, at the election of the Grantor, pursuant to this Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x) any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's obligations under this Ordinance. (4) The performance bond shall be in a fonn approved by the City Attorney. Such approval shall not be unreasonably withheld. Such bond shall provide that it may not be canceled without the consent of the Grantor. The Grantor will be given Sixty (60) days written notice by registered mail, return receipt requested of intent to cancel or not renew this bond. (5) The faithful performance by and the liability of the Grantee pursuant to this Ordinance shall not be limited by the acceptance of the bond required by this Section 7(F). (6) Throughout the term of this Ordinance, or for as long as the Grantee operates the System, which ever period is longer, and for at least ninety (90) days thereafter, the Grantee shall maintain the performance bond in the amount specified in this Section 7(F)(2). Within fifteen (15) business days after receipt of notice from the Grantor that any amount has been withdrawn from the performance bond, as provided in this Section, the Grantee shall restore the performance bond to the amount required pursuant to Section 7(F)(2), provided that said restoration obligation shall be suspended during the period of any judicial challenge by the Grantee to the propriety of said withdrawal from the performance bond. If a court determines that said withdrawal by the Grantor was improper, the Grantor shall restore the improperly withdrawn amount to the performance bond. (7) The Grantor shall have the right to withdraw amounts from the perfonnance bond to cllrc any breaches of obligations for which the performance bond acts a security, cwfranagr.007 10 , L J , ',~ ~,' ,~J ," , . ,.' '('1' , ,~~ . ~.!', ~," ' provided, however, that the Grantor shall not make any withdrawals by reason of any breach for which the Grantee has not been given written notice and an opportunity to cure pursuant to Section 15 of tJ1is Ordinance, including notice that the Grantor may make a withdrawal from the performance bond. The withdrawal of amounts from the performance bond shall constitute a credit against the amount of the applicable liability of the Grantee to the Grantor but only to the extent of said withdrawal. Section 8 -- Service Obligations (A) Grantee shall make service available to any subscriber within the City upon subscriber's request and. at the standard connection charge if the connection requires no more than a one hundred fifty (150) foot aerial or underground drop (hereinafter the '4Standard Drop"), measured from the new subscriber's residence or place of business to Grantee's nearest activated coaxial distribution line, and includes one (1) outlet and standard materials. (B) If Juaking service available requires more than a Standard Drop (such as a wall fish installation), Grantee may, after so infonning the subscriber, charge the subscriber (i) the standard connection charge and (ii) an amount equal to the reasonable actual labor (including wages, benefits and payroll taxes), material and other costs incurred by Grantee for the additional facilities and work (including a reasonable allowance for overhead); in the alternative, Grantee may charge an appropriate hourly service charge for the entire installation. Ex.tension to new subdivisions or developments within tJle Franchise Area shall be commenced within thirty (30) days after a request for service and service shall be activated within ninety (90) days, unless the Grantor consents to some other time period. (C) In addition to the obligations set forth in Section 8(A) and 8eB) above, for requests of service by commercial, industrial, and non-residential customers requiring more than a Standard Drop, Grantee shall, within one hundred twenty (120) days following a request for service from any potential commercial, industrial or non-residential customer, estimate the costs per customer of supplying services to all tJle potential contiguous customers within an area reasonably defined by Grantee, including the potential customer requesting service. Grantee shall (i) provide the potential customer requesting service with a written estimate of the costs of providing that customer with service~ along with an statement that such costs shall only apply if all (or a specified percentage) of the other potential comrrercial, industrial or non-residential customers in the service area defined by Grantee also request comparable service, and (ii) offer to provide the potential customer requesting service as well as all the other potential contiguous customers, with a list of the names and addresses of all the potential customers in the area defined by Grantee. If the potential customer requesting service asks Grantee in writing for such a list of names and addresses, Grantee shall, at its cost, provide the potential custorrer requesting service and all the other potential customers in the defined service area with a copy of such written estimate of costs and the names and addresses of all such potential customers in the defined service area, thereby enabling the potential customer requesting service and all the other potential customers in the defined area jointly to agree to obtain service at cwfranagr.007 11 (jv-<(r- the lowest possible group rates~ provided, however, that Grantee shall only be required to provide such a li'it of nanes and addresses if a commercial service is reasonably available to provide Grantee with such a list. Grantee may require that such customer or cllstomers enter contracts which will reasonably assure adequate revenues to provide Grantee with recovery of the full costs and expenses of constructing and operating the line extension, including a reasonable return on investment over the first five years of operatiun. Grantee shall provide the City with one (l) copy of the written cost estimates and any list of names and addresses of potential cllstomers provided to the potential customer requesting service. (0) Throughout the term of the Franchise, the Grantee shall endeavor to offer to all Subscribers a diversity uf video progrnmming services. (E) The Grantee shall not discriminate or permit discrimination between or among any Persons in the availability of Services. It shall be the right of all Persons to receive continuously all available Services insofar as their financial and other obligations to the Grantee are satisfied. (F) The Grantee shall provide a standard service drop from the subscriber network to one point detennined by the City in each City building, fire station, community center, library, and other public facilities, as they develop within the City, and to one point tletennined by each eLlucational institution for each public primary, middle, secondary, higher education and technical school located within the Grantee's service areas, including schools constructed subsequent to the effective date of this Ordinance, with cable service including the basic service tier containing over-the-air local broadcast stations and all public, educational and governmental access channels required to be carried on basic, together with the immediately subsequent tier of programming (if any) containing basic satellite services (such as CNN, Discovery, ESPN and USA), but excluding any subscriber equipment and subsequent or higher tier of programming, including a la carte services, premium and related services (such as DMX, Disney, HBO and Showtime) and any pay-per-view or per-event programtning (such as Action, Request or Viewer's Choice). Such cable service shall be provided without charge and at no monthly service charge for the first connection or drop, and with additional outlets to be provided to any public facilities at the request of the City Manager at the cost of labor and materials; provided, however, (i) that each such facility be located within 150 feet of Grantee's existing activated coaxial distribution system; (ii) that wiring provided for facilities beyond 150 feet of Grantee's activated distribution system be provided at Grantee's cost for the portion beyond 150 feet; (ill) that Grantee is able to secure all necessary rights-of-way upon reasonable terms and conditions; (iv) that the location of the outlet provided with basic service is reasonably positioned in relation to the entry point ofthe drop into the facility; (v) that Grantee not be required to relocate any existing outlet in any public facility now provided with free basic service; (vi) that Grantee be required to provide such service to government employees, but not transient members of the public, in police stations providing overnight occupancy; (vii) that Grantee be required to provide such service to municipal or public facilities, but not to private for-profit or non-profit hospitals or other organizations; and (viii) that wiring provided by Grantee for additional outlets, if not installed by the City or the recipient of such additional outlets, shall be provided by Grantee on the basis of actual costs fur labor and materials, together with a reasonable allowance fur overhead not to exceed fifteen cwfranagr.007 12 percent (15%), and Grantee shall provide the recipient of such wiring with a written estimate of such costs in advance of installation. The public and educational buildings to be served by Grantee under this Section include, at a minimum, the following buildings: 1. City of Clearwater Services Complex 100 S. Myrtle Ave. 6. Pinellas County Utilities Building 14 S. Fort Harrison 2. City of Clearwater Police Department 200 S. East Ave. 7. Pinellas County COUl1house 315 Court S1. 3. City of Clearwater Fire Department 610 Pierce S1. 8. Pinellas County 310 Court S1. 4. City Hall 112 Osceola Ave. 9. Pinellas County 440 Court St. 5. Harbor View Center 300 Cleveland St. 10. Clearwater Public Library 100 Osceola Ave. Section 9 -- Public Services (A) In accordance with Section 611 of the Cable Act (47 V.S.C. ~ 531), the Grantee agrees to provide Channel capacity to be designated for public, educational or governmental ("PEG") use and related equipment and facilities, services and/or financial support for the development and use of PEG access as provided in Appendix C. (B) The Grantee shall also provide capital grants and ongoing support payments of the acquisition, lease or other provision or use of PEG access facilities and equipment as provided in Appendix. C. Section 10 -- Institutional Network The Grantee's obligations with respect to the Institutional Network shall be in accordance with Appendix D. Section 11 -- Fees and Charges (A) General requirements-- cwfranagr.007 13 (:}/Z( . . . \ .....: 'i .' ... - ..- (I) The Grantee shall comply at all tin~s with the provisions of the Cable Act and FCC rules and regulations applicable to rates and charges for any Service and the associated terms and conditions for the provision of.any Service. (2) During the tenn of tills Ordinance, the Grantee shall maintain with the Grantor a complete listing of fees, charges, deposits and associated terms and conditions for all Services. (3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and associated tenns and conditions for any Service provided pursuant to this Ordinance to the fullest extent permitted by applicable law. (B) In addition to the requirements set forth in Section 7.1 of Appendix E to this Ordinance, not less than thirty (30) days prior to the effective date of any change in any fee, charge, deposit, tenn or condition (or such shorter period as may upon a showing of good cause be approved by the Responsible Franchising Official), the Grantee shall (i) submit a revised listing of fees, charges, deposits and associated teflns and conditions to the Responsible Franchising Official and (ii) provide written notice uf the proposed change to each affected Subscriber. (C) The Grantee shall not discriminate or pennit discrimination between or among any Persons in the rates, terms and conditions for any Service, except as set forth below. The foregoing requirements shall not prevent the use of: (i) different charges for residential Subscribers than for nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and other short-tenn discounts or reduced charges; (ill) reasonable discounts or reduced charges to senior citizens or otJler economically disadvantaged groups; or (iv) bulk rate arrangements. Section 12 -- Customer Service; Subscriber Bills; and Privacy Protection (A) The Grantee agrees to comply in all respects with the requirements of the customer service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all rules and regulations established by the FCC pursuant to Section 632 of the Cable Act (47 D.S.C. ~ 552). (B) The Grantee shall comply at all times with the provisions of the Cable Act and FCC rules and regulations applicable to Subscriber bills, including, but not limited to, the fonnat and itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading. (C) The Grantee shall comply at all times with the Subscriber privacy provisions of the Cable Act or other applicable law. 'l11e Grantee shall cooperate with the Grantor so as to ensure the Grantor's ability to enforce the tenn,,:> and conditions of this Ordinance by providing, upon the request cwfranagr.007 14 of the Responsible Franchising Official, such Subscriber infonnation as may be reasonably requested by the Responsible Franchising Official. (D) The grantee shall C0I11ply at all times with FCC rules and regulations applicable to Subscriber equipment and equipment compatibility. Section 13 -- Oversight and Regulation (A) The Grantor shall have the right to oversee, regulate, and periodically inspect the construction, operation, maintenance and upgrade of the System, and all parts thereof, in accordance with the provisions of this Ordinance and applicable law, including the Grantor's police power. (B) When reasonably necessary to the administration or enforcement of the Ordinance, and at the request of the Grantor, the Grantee shall promptly subnut to the Grantor such infonnation as the Grantor may request regarding the Grantee, its financial statements or other financial information, its compliance with any tenn or condition of this Ordinance, with respect to the System or its operation, any Service distributed over the System, or any activity or function associated with the production or distribution of any Service over the System. (C) Throughout the term of the Agreement, the Grantee shall maintain in the Franchise Area, or make available in the Franchise Area within fifteen (15) business days, complete and accurate books of account and records regarding the Grantee's ownership and operation of the System and the provision of Services over the System, including without limitation, books of account and records adequate to enable the Grantee to demonstrate that it is, and throughout the term of tltis Ordinance has bee, in compliance with this Ordinance. All such documents pertaining to fmancial matters which may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of three (3) years following termination of this Ordinan~. (D) The Grantor's rights of inspection and audit shall inc1ude-- (1) Upon notice to the Grantee, the Grantor or its designated representatives, shall have the right to exarnine, when reasonably necessary to the administration or enforcement of the Ordinance in the Franchise Area, all books and records pertaining to the Grantee ~ s or any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated Person's provision of Services over the System. Further, during normal business hours and upon notice to the Grantee, the Grantor or its designated representatives may inspect and examine any other aspect of the System, including facilities and equipnlent thereof. (2) Access by the Grantor to any of the documents, records or other information covered by this Section 13(D) shall not be denied by the Grantee on grounds that such documents, records or information are alleged by the Grantee to contain proprietary information, provided that this requirement shall not be deemed to constitute a waiver of the cwfranagr .007 15 c~:~ e.( , . -~.~ -.... -.. -~-- - . , '. I" " Grantee's right to assert that the proprietary information contained in such document\}, records or other information, should not be disclosed and to withhold such information upon the agreement of the Grantor. If the Responsible Franchising Official concurs with the Grantee's assertion regarding the proprietary nature of such information, the Grantor will not disclose such information to any Person, unless required by applicable law or order of governmental authority. If the Responsible Franchising Official does not concur with such assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies within the Grantor in accordance with applicable laws and procedures. If the Grantor does not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee shall promptly provide such documents, including the alleged proprietary portion thereof, to the Grantor, provided that the Grantee shall not be required to provide the proprietary portion thereof during the pendency of any court challenge to such provision. (3) The Grantor may conduct a full compliance audit and hold public hearings at any time during the teml of the Franchise, provided it gives the Grantee written notice ten (10) days in advance of the commencement of such audits and associated hearings. Section 14 -- Restrictions Against Assignrnents and Other Transfers (A) The Grantee may not transfer the Franchise or any of the Grantee's rights or obligations in or regarding the System or the Franchise to any person or entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary, without the prior written consent of the Grantor. Such consent shall not be unreasonably withheld. (B) No change in Control of the Grantee, the System or the Franchise to any person or entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary, shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of the Grantee, the System or the Franchise, by operation of law, or otllerwise, without the prior written consent of the Grantor. Such consent shall not be unreasonably withheld. (C) Any request for approval shall be handled by the Grantor in accordance with its customary rules and procedures. In connection with any request for approval, the Grantee shall submit to the Grantor such infonnation as the Grantor may reasonably request. Section 15 -- Specific Right<; and Remedies (A) The Grantee agrees that the Grantor shall have the specific rights and remedies set forth in this Section 15. These rights and remedies are in addition to any and all other rights or remedies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and cwfranagr.007 16 will not be dccl11~d waived by the exercise of any other right or remedy. The exercise of any such right or rcn~dy by the Grantor shall not release the Grantee from iL'\ obligations or any liability under this ordinance, except as expressly provided for in thl\) Ordinance or as necessary to avoid duplicative recovery from or payments by the Grantee. (B) Events of default -- (1) The Grantee agrees that an Event of Default shall include, but shall not be limited to, any of the follQwing acts or failures to act by the Grantee: (a) Any substantial failure to comply with any material provision of this Ordinance that is not cured within thirty (30) days after notice pursuant to this Section 15; (b) The occurrence of any event which may reasonably lead to the foreclosure or other similar judicial or nonjudicial sale of all or any material part of the System; (c) The condemnation by a public authority other than the Grantor, or sale or dedication under threat or in lieu of condemnation, of all or any part of the System, the effect of which would materially frustrate or in1pede the ability of the Grantee to carry out its obligations and the purposes of this Ordinance; (d) In the event that the Grantee shall suspend or discontinue its business, shall make an assignment for the benefit of creditors, shall fail to pay its debts generally as they become due, shall become insolvent (howsoever such insolvency may be evidenced), shall be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by, a receiver, custodian, liquidator or trustee or similar official pursuant to state or local laws; (e) A persistent failure by the Grantee to comply with any of the provisions, tenns or conditions of this Ordinance or with any rules, regulations, orders or other directives of the Grantor after having received notice of a failure to comply. (2) Upon the occurrence of an Event of Default, then, in accordance with the procedures provided in Section 15(B)(3), the Grantor may, at any time during the term of this Ordinance: (a) and/or Draw upon the Perfonnance Bond, as pennitted by this Ordinance; (b) Require the Grantee to take such actions as the Grantor deems appropriate in the circumstances; and/or cwfranagr.007 17 o~t[ . It." ' - ~ , -.' '.....,~ -,~ -... . ..- (c) Seek money damages from the Grantee as compensation for such Event of Default; antVor (d) Seek to obtain the appointn-ent of a court-appointed trustee or similar Person to take any actions which the Grantor dccms appropriate in the circumstances; and/or (e) Revoke the Franchise by termination of this Ordinance pursuant to this Section 15; and/or (f) Exercise any other remedies that may be available under applicable law. (3) TIle Grantor shall exercise the rights provided In Section 15(B)(2) in accordance with the procedures set forth below: (a) The Responsible Franchising Official shall notify the Grantee, in writing, of an alleged Event of Default, which notice shall specify the alleged Event of Default with reasonable particularity. The Grantee shall, within thirty (30) days after receipt of such notice or such longer period of time as the Responsible . Franchising Official may specify in such notice, either cure such alleged Event of Default or, in a written response to the Responsible Franchising Official, either present facts and arguments in refutation or excuse of such alleged Event of Default or state that such alleged Event of Default will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Responsible Franchising Official shall determine (A) whether an Event of Default has occurred; (B) whether such Event of Default is excusable; and (C) whether such Event of Default has been cured or will be cured by the Grantee. (c) If the Responsible Franchising Official determines that an Event of Default has occurred and that such Event of Default is not excusable and has not been or will not be cured by the Grantee in a manner and in accordance with a schedule reasonably satisfactory to the Responsible Franchising Official, then the Responsible Franchising Official shall prepare a written report which may recommend the action to be taken by the Grantor's governing body. The Grantor shall provide notice and a copy of such report to the Grantee. In the event that the Grantor's governing body determines that such Event of Default has not occurred, or that such Event of Default either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing body, or that such Event of Default is excusable, such dctcnnination shall conclude the investigation. Cd) If the Grantor's governing body determines that such Event of Default cwfranagr.007 18 " . .. . - ~ .-- ,.' "~I 1 . . has occurred, and that such Event of Default has not been and will not be cured in a manner and in accordance with a schedule reasonably satisfactory to the Grantor's governing blXly, ami that such Event of Default is not excusable, then the Grantor may take any of the actions provided in Section 15(8)(2). (C) In the event of any termination of this Ordinance, whether by expiration (where the Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may (i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of this Ordinance and such additional terms and conditions as are elluitable to the Grantor and the Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction and operational activities in a prompt and workmanlike manner. (D) In addition to its rights under Section 15(C), upon any termination, the Grantor may issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or any portion of the System from all Rights-of-Way and other public or nonpublic property within the Franchise Area, subject to the following: (1) in removing the System, or any part thereof, the Grantee shall, at its own expense, refill and compact any excavation it makes, and shall leave the Rights-of-Way and other property, including utility cables, wires and attachments, in as good condition as that prevailing prior to the Grantee's removal of the System; (2) the liability insurance and indemnity provisions of this Ordinance shall remain in full force and effect during the period in which the System is being removed and the associated repairs to the Rights-of-Way and other property are being made; and (3) if in the reasonable judgIrent of the Grantor, the Grantee fails to substantially complete removal, including repair of the Rights-of-Way and other property within twelve (12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to: (A) authorize removal of the System, at the Grantee's cost, by another Person; and (B) declare that all rights, title and interest to the System belong to the Grantor, including any portion of the System not designated for removal, without compensation to the Grantee. The Grantee shall execute and deliver such documents as the Grantor may request, to evidence such ownership by the Grantor. Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated cwfranagr.007 19 a \J ~_\( ~ ' . . ' . .... - - ~ .- by the Grantor for rcmoval during such twelve (12) month period, provided, however, that if the Grantee fails to complete thc rCfTl<.lVal of the portiones) of the System designated for removal by the Grantor within such period, then all such portiones) of the System not disposed of and all amounts collected for any portiones) of the System disposed of by the Grantee during such period shall belong to the Grantor, with no price due to the Grantee. (4) Upon any termination and as an alternative to ordering removal of the System, the Grantor may acquire or effect a transfer to a third party of all or any part of the System and all components thereof necessary to maintain and operate the System pursuant to the terms of this Ordinance. (5) The price to be paid to the Grantee upon an acquisition or transfer by the Grantor shall depend upon the nature of the tennination as follows: (a) if the Franchise expires without the Grantee seeking removal or if the renewal is denied, then the price shall be the fair market value of the System valued as a going concern with a deduction for the value allocable to the Franchise itself; and (b) if the termination is due to a revocation of the Franchise for cause, such as the occurrence of an Event of Default as provided in Section 15(B), the price shall be an equitable price, considering the injury to the Grantor and the residents of the City of Clearwater and with no value allocable to the Franchise itself. (E) In the event of any acquisition, transfer or Abandonment pursuant to Section 15(D), the Grantee shall: (1) cooperate with the Grantor or third party in maintaining continuity in the distribution of Services to Subscribers over the System; (2) promptly execute all appropriate documents to transfer to the Grantor or third party title to the System, all components necessary to operate and maintain the System, and any rights, contracts, permits or understandings necessary to operate or maintain the System including those necessary to the distribution of Services over the System. All items transferred shall be transferred free of any liabilities, except for the interests in collateral of lending institutions which are secured creditors or mortgagees of the Grantee with respect to the transferred collateral at the time of tra-nsfer. With respect to such creditors, the Grantor shall only be obligated to repay any outstanding amounts to the extent of the net operating revenues received by the Grantor from its operation of the System; and (3) promptly supply the Grantor or third person with all records necessary to reflect the change in ownership and to operate and maintain the System. (F) Notwithstanding any provisions to the contrary in this Section 15, Grantee may cwfranagr.007 20 ~, . '. .'W,' 'J' I ',,- .'~"'--41-.-." tcrminate the Franchisc and all of its obligations under this Ordinance and transfer all of its rights in or tn the System to its affiliated telecommunications company, GTE F1urida Incorporated ("GTEFL") undcr the following circumstances: (I) At any time following sixty (60) days' prior written notice to the City (or such shorter prior written notice as may be required under an applicable FCC or federal court order) if, pursuant to an applicable final order by the FCC or a federal court, Grantee determines in thc exercise of its good faith legal judgment that it is prohibited by federal or state law from acting as a cable operator within the City or otherwise complying with the material terms of this Franchise Agreement. (2) At any time following sixty (60) days prior written notice to the City, if Grantee deternlines in the good faith exercise of its business judgment that developments in applicable law or technology indicate that video consumers in the City call be better served by Grantee and/or its affiliate, GTEFL, through a mode of operation inconsistent with or not within the scope of this Franchise. (3) Within ninety (90) days after the end of five (5) years from the effective date of this Ordinance, if at the end of such five (5) year period, Grantee does not then have subscribers on its cable system served by its headend facilities in the City equal to at least ten percent (10%) of the total homes passed and capable of receiving service from such cable system. Notice to ternlinate under this provision shall be given to the City in writing, with such tennination to take effect no sooner than one hundred and twenty (120) days after giving such notice. Grantee shall also be required to give its then current subscribers not less than ninety (90) days prior written notice of its intent to cease operations. (G) In the event that Grantee terminates this Franchise and assigns or transfers its rights in the System to GTEFL pursuant to this Section 15(F), then GTEFL shall be entitled to utilize the System for all lawful purposes related to GTEFL's telecommunications business, in accordance with GTEFL's existing grant of authority from Grantor pursuant to Ordinance No. 5757-95, as it may hereafter be renewed or amended. After such a transfer, GTEFL's use of the System as a cable system or an open video system, pursuant to sections 651 and 653 of the TelecOlnmunications Act of 1996, shall be subject to and conditioned upon the following: (1) GTEFL negotiating in good faith the tenns and conditions pursuant to which GTEFL will be authorized to provide such service and such terms and conditions shall be, to the extent authorized under applicable law and in compliance with any applicable common carrier requirements, substantially similar to the provisions contained in this Ordinance, to the extent that such provisions are consistent with the pemlissible operating business parameters of the mode of GTEFL' s operation. (2) Grantee, to the extent Grantee becomes a video program provider utilizing GTEFL's System, and to the extent authorized under applicable law and in compliance with cwfranagr .007 21 dJ~( any applicable common carrier requircn~nts, negotiating in good faith an agreement with the City, containing provisions substantially similar to the provisions contained in this Ordinance, to the extent that ~uch provisions are consistent with the permissible operating business parameters of the new mode of Grantee's operation. Section 16 -- Liability and Insurance (A) Prior to con1l1"CnCe[T~nt of constmction, but in no event later than sixty (60) days after the effective date of the Franchise and thereafter continuously throughout the duration of the Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates ofinsurance, approved by the City, for all types of insurance required under this Section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this Ordinance. (B) Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for damages. (C) All insurance policies maintained pursuant to this Ordinance or the Franchise shall contain the following, or a comparable, endorsement: It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew he stated by the insurance company until thirty (30) days after receipt by the City Manager, by certified mail, of a written notice of such intention to cancel or not to renew. (D) The franchise agreement and all contractual liability insurance policies maintained pursuant to this Ordinance of the franchise shall include the following provisions: The Franchisee/GranteelInsured agrees to indemnify, save hannless and defend the City of Clearwater, its officials, agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses amI expenses, including court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen, whether in whole or in part, out of or in connection with the actions or omissions of the grantee. (E) All insurance policies provided under the provisions of this Ordinance or the Franchise shall be written by companies authorized to do business in the State of Florida, and approved by the State Department of Insurance. cwfranagr.007 22 (F) The City shall be nall"Cd as an additional nan~d insurcd on all general liability policies issued to the Grantee. (G) To offset the effects of inflation and to reflect changing liability limit,;, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase at the end of every three (3) year period of the Franchise, applicable to the next three year period, upon the detennination of the City: provided at no time shall the grantee be required to provide insurance in amounts of coverage which exceed that commonly provided throughout the Tampa Bay area by cable operators. (H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any Franchise granted hereunder specifically agree that it will maintain throughout the term of the Franchise, general liability insurance insuring the Grantee in the minimum of: (1) $500,000 for property damage per occurrcnce; (2) $500,000 for property damage aggregate; (3) $1,000,000 for personal bodily injury or death to anyone person; and (4) $3,000,000 bodily injury o~ death aggregate per single accident or occurrence. (I) Such general liability must include coverage for all of the following: comprehensive fonn, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. (J) Automobile Liability Insurance. The Grantee shall maintain, and by its acceptance of any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: (1) $1,000,000 for bodily injury and consequent death per occurrence; (2) $1,000,000 for bodily injury and consequent death to anyone person; (3) $500,000 for property damage per occurrence. (K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall maintain and by its acceptance of any Franchise granted hereundcr specifically agrees that it will maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid in the State, in the Iuinimulu amount of: (1) Statutory limit for Worker's Compensation. cwfranagr.007 23 o~~:( '. . . " ., .. F , ,~- . . ,,-_....~ .-- (2) $500,000 for employer's liability. Section 17 -- Subsequent Action (A) The Grantor and the Grantee hereby respectively waive any and all rights, other than constitutional rights, at any time or in any manner or proceeding, to challenge this Ordinance or the validity of any term or provision of this Ordinance; provided, however, that the Grantor or the Grantee may challcnge any provision of this Ordinance based on a change in law, should the law pertaining to that particular provision change subsequent to the cxecution of this Ordinance. The Grantee agrees that it will nut challenge the Grantor's authority to enter into this Ordinance as of the e[fecti ve date hereof. (B) In the event that, after the Effective Date, any court, agency, comInission, legislative body, or other authority of competent jurisdiction: (A) declares thi s Ordinance invalid, in whole or in part, or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any provision of this Ordinance or (b) cease perfonning any act required by any provision of this Ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this Ordinance, so as to enable the Grantee to perform obligations and provide Services for the benefit of the Grantor and others equivalent to those immediately prior to such declaration or requiremen4 to the maximum extent consistent with said declaration or requirement. In connection with such negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that time are such that the Grantee should continue to perform such obligations or their equivalent. (C) To the extent that any statute, rule, regulation, ordinance or any other law is enacted, adopted, repealed, amended, modified, changed or interpreted in any way during the term of this Ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption, repeal, amendment, modification, change or interpretation. Section 18 -- Miscellaneous (A) Controlling Authorities. This Ordinance is made with the understanding that its provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local laws, ordinances, and regulations. (B) Appendices. The Appendices to this Ordinance, attached hereto, and all portions thereof and exhibits thereto, are, except as otherwise specified in stich Appendices, incorporated herein by reference and expressly made a part of this Ordinance. cwfranagr.007 24 (C) Enforceability uf Agreement; No Opposition. By execution of this Ordinance, the Grantee acknowledges the validity of the tenns and conditions of this Ordinance under applicable law in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any forum that this Ordinance, the Franchise, or the processes and procedures pursuant to which this Ordinance was entered into and the Franchise was granted are not consistent with the applicable law in existence on the Effective Date. (D) Notices. AIlllotices shall be in writing and shall be sufficiently given and served upon the other party by first class mail, registered or certified. return receipt requested, postage prepaid, and addressed as follows: THE GRANTOR: City of CI~arwater P.O. Box 4748 112 S. Osceola Avenue Clearwater, FL 34618-4748 Attn: City Manager With a copy to: City of Clearwater P.O. Box 4748 112 S. Osceola Avenue Clearwater, FL 34618-4748 Attn: City Attorney THE GRANTEE: GTE Media Ventures Incorporated 600 Hidden Ridge HQE04GOG P.O. Box 152092 Irving, TX 75015- 2092 Attn: President With a copy to: GTE Telephone Operations 600 Hidden Ridge HQE04H07 P.O. Box 152092 Irving, TX 75015-2092 Attn: Vice President, General Counsel (E) Police Powers. In accepting this Franchise, the Grantee acknowledges that its rights hereunder are subject to the police powers of the Grantor to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the Grantor pursuant to such power. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the Grantor's police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's CWFRANAG.OO7 25 a~ Q-( System or Cable Communk:ations Systems which contain provisions inconsistent with this Franchise shall prevail only if upon such exercise, the Grantor finds an emergency exists constituting a danger to health, safely, property or general welfare or such exercise is mandated by law. (F) Binding EfIect. This Ordinance shall be binding upon and inure to the benefit of the parties herelo and their respective successors and permitted transferees and assigns. All of the pruvisions of this Ordinance apply 10 the Grantee, its successors, and assigns. , (G) No Waiver: Cumulative Remedies. No failure on the part of the Grantor to exercise, and no delay in exercising, any right or ren~y hereunder including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, shalJ operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any olher right or remedy, all subject to the conditions and limitations established in this Ordinance. The rights and remedies provided herein including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance, are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Ordinance shall impair any of the rights or remedies of the Grantor under applicable law, subject in each case to the terms and conditions of this Ordinance. (H) Severability. If any section, subset;tion, sentence, clause, phrase, or other portion of this Ordinance is, for any reason, declared invalid, in whole or in par4 by any court, agency, comnussion, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect (I) No Agencx. The Grantee shall conduct the work to be performed pursuant to this Ordinance as an independent contractor and not .as an agent of the Grantor. (1) Governing Law. This Ordinance shall be deemed to be executed in the City of Clearwater, Florida, and shall be governed in all respects, including validity, interpretation and effec4 and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered into and to be perforn1ed entirely within that State. (K) Survival. All representations and warranties contained in this Ordinance shall survive the term of the Agreement. (L) Delegation of Grantor Rights. The Grantor reserves the right to delegate and redelegate, from time to time, any of its rights or obligations under this Ordinance to any body, organization or official. Upon any such delegation or redelegation, references to "Grantor" in this Ordinance shall refer to the body, organization or official to whom such delegation or redelegation has been made. Any such delegation by the Grantor shall be effective upon written notice by the Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee shall be bound by all tenns and conditions of tJ1e delegation not in conflict with this Ordinance. Any CWFRANAG.OO7 26 such dclegation, rcvucation or redelegation, no matter how often made, shall not be deemed an amendment tu this Ordinancc or require any consent of the Grantce. (M) Claims Under Agreement. The Grantor and the Grantee, agree that, except to the extent inconsistent with Section 635 of the Cable Act (47 U.S.C. ~ 555), any and all claims asserted by or against the Grantor arising under this Ordinance or related thereto shall be heard and determined either in a court of the United States located in Tampa, Florida ("Federal Court") or in a court of the State of Florida located in the City ("Florida State Court"). To effectuate this Ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee in Federal Court or in Florida State Court, service of process may be made on the Grantee either in person, whcrever such Company may be found, or by registered mail addressed to the Grantee at its office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee may provide to the Grantor in writing. (N) Modification. Except as otherwise provided in tlllS Ordinance, any Appendix to this Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance, shall be an-cnded or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by applicable law. (0) pelays and Failures Beyond Control of Grantee. Notwithstanding any other provision of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war (whether an actual declaration of was is made or not), insurrection, riot, act of public enemy, accident fITe, flood or other act of God, technical failure, sabotage or other events, where the Grantee has exercised all due care in the prevention thereof, to the extent that such causes or other events are beyond the control of the Grantee and such causes or events are without the fault or negligence of the Grantee. In the event that any such delay in performance or failure to perform affects only part of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such cause(s). The Grantee agrees that in correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by tins Section within five (5) business days of the date upon which the Grantee learns of its occurrence. Section 19 -- Acceptance Grantee shall signify its acceptance of the Franchise terms in writing prior to the City Comtnission's approval of this Ordinance by filing such written acceptance Wit11 the City Clerk. CWFR^N^G.OO7 27 c;~~( Section 20 -- 'Effective Dale This Ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-CoIlUnissioner ATTEST Cynthia E. Goodeau, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Pamela K. Akin, City Attorney CWFRANAG.OO7 28 ... -- -. .... .. . ~~. ,'t..'.. ......,. ... ......' ...... _... t.... h... ...... .,,,\. .".. ..;#~....., ..,. '. .."..."...oAo-.."..". ~.\'t....',...............,.... .. '. . APPENDIX A THE SYSTEM I I i I ! I <.,' CWOO1.APA 0531961708 (J ~ Q..("- , ~ :.~ APPENDIX A THE SYSTEM 1. SYSTEM AND CAPACITY a. System Design. The cable system shall be built to a 750 MHZ design with no more than five hundred (500) homes passed and 6 homerun fibers from the headend or hub to each node. The plant hardware shall be 1 GHz passives, 1 GHz taps (1 GHz active platforms), 750 MHz amplifiers and other actives, and 60 volt powering. The system shall be capable of 79 analog channels (50 to 550 MHz), with 200 MHz being reserved for future use including, but not limited to, digital transmission (550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The system shall use all new fiber optics, coaxial cable and electronic and passive devices. Notwithstanding the above, Grantee may lease fiber from a third party to integrate into the cable system whenever technically feasible. The system shall be designed so that ninety-five percent (950/0) of the time there are no more than two (2) line extenders in cascades and no more than three (3) system amplifiers in cascade. All aerial system amplifiers shall incorporate pilot controlled AGe level control. The system shall be designed and constructed in accordance with the standards listed below, and the fiber cable shall have not more than 7.4 dB of loss between the distribution CO and the fiber terminal. The following design specifications shall be adhered to. The system shall be operated in accordance with performance standards which meet FCC regulations and specifications. After the system is constructed in compliance with this section and the design standards below. The Grantee's compliance with the performance standards of the FCC shall constitute compliance with the ongoing technical standards required by this Agreement. System Design - Minim urn C/N 47 dB XMOD 53 dB CTB 53 dB CSO 53 dB HUM 30/0 b. Construction Oversight. Grantee shall oversee the construction. The oversight shall be headed by a Construction Manager with field engineers and field planning/quality control persons dedicated to the construction project. One hundred CWOO1.APA -2- 0531961708 percent (1000/0) of the system shall be visually inspected to insure compliance and ten percent (100/0) of all work shall be tested by the system operator and system technicians. If during testing or inspection, the Grantee finds the quality of work to be substandard, the Grantee shall use its best eHorts to take the necessary corrective action in a timely manner. Grantee shall contact in person or by telephone ten percent (100;0) of the subscribers to assess the quality of the work performed and any construction problems. The general contractor building the system shall supervise any components of the system construction undertaken by independent contractors. c. Compliance with Applicable Law. In construction, operating and maintaining the system, Grantee shall at all times comply with this Agreement and all applicable laws and regulations. d. Subscriber Drops. All subscriber drops in the City shall meet the standards of the National Electric Code or the design specifications in A above. Each drop shall be tested by inserting a test signal at the upper end of the frequency spectrum (550 MHZ). The system shall be 'designed to allow each subscriber drop to provide seNice to two (2) television outlets. e. Equipment Quality. Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis and shall at all times be of equal or better quality than the following equipment. Pair & Size fiber Optics: AT&T - 4 DSX (armored) - BXD - 4 DNX - BDX - 4 GSX (armored) - BXD - 4 GNX - BXD .cable: Aerial: Com scope QR540 (feeder to the home), QA860 ( express) Underground: Comscope QA540 and QR860 Drop: Com scope RG6 & RG 11 ~: General Instruments, 4 Hybrid Output, Powering Doubling, 750 MHZ line Extenders: General Instruments - AGC (Automatic Gain Control) Capable LX Power Supplle.s: Power Guard Standby Battery Supplies, CWOO1.APA - 3- 0531961708 (J \l IZY 6 amp 12 amp 15 amp Splitters: General Instrument - SSP-K ~: General Instrument FFT-K Connectors: Gilbert - G RS-S40 - G RS-a60 Pedestals: Channel SPH Series Conv~rters or Other Subscrib.aLEquipment: General Instrument CFT2200, DCT1000 Satellita.Receive Stations: Scientific Atlanta Satellite Disk 4.5 Meters Noise Block Converters . General Instrument Receivers Video Cipher II + DSR1500lRD f. Converters. Grantee shall provide the converters specified in this Agreement to subscribers utilizing converters upon subscription to the system. Grantee shall not scramble the basic tier. g. Emergency Alert. Grantee shall provide an all-channel audio-only emergency alert system for use by the City. The emergency alert system shall be tested at least twice each year. The Grantee shall provide an automatic tome that shall commence emergency broadcast. Emergency messages shall be able to be initiated from any touch-tone phone with an access code. The emergency alert service shall be upgraded throughout the Franchise term as set forth in FCC rules, regulations, or guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term of this agreement the capacity for the City to access the emergency alert system and shall not claim the City's rights hereunder have been preempted by federal or state law. After July 1, 1997, the cable system shall use a common EAS protocol, as defined in Section 11.31 in the Code of Federal Regulations, to send and receive emergency alerts in accordance with the following: Two tone signal from storage device Required, a to 25 seconds in duration Digital encoder and decoder Required The digital encoder and decoder shall provide: CWOO1.APA - 4 - 0531961708 , ,.- " - -~.;-- .-~----- -- -:---- -- ~ -. -' (1) a video message on all channels or other alerting techniques to the hearing impaired and deaf subscribers, (2) an audio message and video interruption on all channels, (3) a video message on at least one channel to all subscribers h. Ongoing Preventive Maintenance. System signal levels for the individual channels at the headend shall be monitored and adjusted on a daily or every other day basis. The periormance of the cable system at the ends of the cascades shall be monitored on a weekly basis for each node and monthly for every end of line cascade. System frequency response shall be adjusted to meet peak periormance on a twice a year cycle. Standby power supplies shall be monitored for proper voltage and battery capacity on a quarterly year basis. Failure of the batteries to supply current for a predetermined amount of time shall dictate replacement ot the batteries. The antennae and satellite dishes shall be maintained by having their alignment checked and realigned at least on a yearly basis or after any severe storm activity at the location of the antennae or dishes. Headend components such as processors and modulators shall have their frequency response checked and adjusted twice a year. Optical transmitters, receivers and optical path loss shall be monitored on at least a twice a year basis. Parameters found to be out of tolerance shall be adjusted. FCC mandated signal leakage and system proof-at-performance tests shall be in accord with Part 76 of the federal Code of Regulation. i. Interference on Channels 3 and 8. Grantee shall use its best efforts to minimize interference on Channels 3 and 8. During the term of the Franchise, Grantee shall provide notice to consumers, on how interference problems experienced by customers on specific channels can be alleviated, through TV advertisements and billing messages mailed to subscribers. j. Satellite Earth Station. The system configuration shall include earth stations which shall ensure the ability to receive signals from operational communications satellites that predominate.lY carry programming services available to cable systems throughout the life of the Franchise. CWOO1.APA -5- 0531961708 6 ~ .Q....( k. Standby Power. Grantee shall provide a twenty-four (24) hour power- generating capacity at the headend. Grantee shall maintain standby power system supplies, rated for at least two (2.0) hours duration at all optical node locations in the distribution network. I. Parental Control. Grantee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Upon request, Grantee shall, at no cost to the subscriber, provide devices that shall block out the audio and video of any channels carrying predominately adult programming. m. Performance Testing. Grantee shall pertorm all system tests and maintenance procedures as required by and in accordance with: the FCC; this Agreement; Grantee's standards of good operating practice, and the National Cable Television Association's test procedure guidelines. n. Technical Standards. The cable communications system permitted to be operated hereunder shall be installed and operated in conformance with this Agreement, National Electric Code, OSHA Rules and Regulations, GTE "Practices" manual of construction practices, where applicable to cable system construction, and FCC rules and regulations. Any FCC technical standards or guidelines related to the cable communications system and facilities shall be deemed to be regulations under this Agreement. o. Employee Identification. Grantee shall provide a standard identification document to all employees, including employees of subcontractors, who shall be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, Grantee shall use its best efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of Grantee. p. Stereo. The system shall have the capability and shall provide Broadcast Television Systems Committee (BTSC) stereo signals on all satellite, broadcast and local services that transmit them. q. State of the Art. Throughout the term of the Franchise, Grantee shall construct, operate, maintain, and upgrade the cable system in order to ensure that it continuously conforms to the State of the Art. r. Upstream Signals. To the extent that Grantee chooses to design its cable system for two-way capability, Grantee agrees to use all reasonable efforts to design such two-way capability so as to permit the future implementation of upstream signal carriage without requiring modifications to its design. Grantee shall be required CWOO1.APA - 6 - 0531961708 _T ~ '" ,. _-:--__---:----_--' ".-..-----..~-7..._:_:_--.. -. ..- .- ." , .0 ',. . to offer two-way services for subscribers only following satisfaction of each of the following conditions: (i) the offering of such two-way services is permissible under applicable federal and state laws, ordinances, rules and regulations, (ii) the Grantee has secured all certificates, licenses, authorizations and approvals from federal and state agencies necessary for the offering of such services, provided, however, that the Grantee shall seek to obtain such approvals in a diligent and timely manner, (iii) cable subscribers and/or potential cable subscribers have a demonstrable interest in subscribing to such two-way services, together with a demonstrable willingness to pay a reasonable rate for such services, in each case as evidenced by at least one statistically significant survey, provided, however, that upon the reasonable written request of the City it shall be the Grantee's burden to demonstrate to the City's reasonable satisfaction that such subscriber interest is insufficient and (iv) the investment necessary to implement such two-way capability, togeth'.3r with a reasonable rate of return, can be reasonably expected to be recovered from the incremental revenue anticipated from the provision of such services over a period of time which is reasonable and customary in the cable television industry for such investments, and such investment shall not be recovered from subscribers to other or non-two way services. 2. CONSTRUCTION a. System Design Review. The City shall have the authority to review the technical design plans of the system to ensure that the system design meets the requirements of this Agreement, as well as applicable portions of the City Code governing construction within public rights-at-way. Grantee's engineer shall review the design with City designated persons. The following design information shall be reviewed with City designated persons: engineering design maps; key for design maps; system level design information (e.g., block diagram of headend, satellite or aff- air studies, power supply map); and test plan for the existing coaxial cable to be used in the system. b. Construction Manual. Grantee shall construct the system in accordance with Grantee's construction manual which shall be maintained by the City Clerk. c. Underground Construction. Grantee shall participate in and use Florida One Call and ensure that cable is buried at a depth specified by City regulations. Temporary drops shall be buried within one month of installation, weather permitting. Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed underground. Grantee in accordance with such plan shall at its expense, remove, relay, and relocate its equipment, provided, however, that other utilities are similarly required to do such work at their own cost and expense. d. Consumer Compatibility. Grantee shall comply with FCC consumer cwoo1. APA - 7- 0531961708 .\() If- '\\J ,-. ( \ .j ",- ~ - - -- . ._._-- -- . -. I' , compatibility rules and guidelines and shall use its best efforts to provide subscriber friendly technology. When High Definition Television (HDTV), is available, economically feasible, and requested by our system subscribers, Grantee shall provide it. Grantee shall update the City of Cleqrwater as to the advances in and availability of new technology seNices such as HDTV, digital television, and digital compression. Grantee shall provide the basic tier in unencoded and unscrambled form. Subscribers shall not be required to use a set-top box, home terminal unit, cable box or similar device to receive any basic cable service. e. Construction Timetable. The construction shall be completed within three (3) years of the franchise award. Grantee shall keep the Grantor informed of the Company's construction schedule, as necessary, to ensure public safety and/or comply with Grantor's rules and regulations. f. Right of Inspections. The Grantor shall have the right to inspect any construction and installation work performed subject to the provisions of this Agreement, and shall make such tests as it shall find necessary to ensure compliance with the terms of this Agreement and other pertinent provisions of the law over which the Grantor has jurisdiction. CWOO1.APA -8- 0531961708 APPENDIX B Terms and Conditions Applicable to Work on the System o'J f6{ APPENDIX B Terms and Conditions Applicable to Work on the System General Requirement. The Grantee agrees to comply with each of the terms set forth in this Appendix 8 and in Appendix A to this Ordinance governing construction and technical requirements for the System, in addition to any other requirements or procedures reasonably specified by the Grantor pursuant to its police power or as otherwise permitted by applicable law. Quality. All work involved in the construction, operation, maintenance, repair upgrade, and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, a reasonable determination is made by the Grantor or any other agency or authority of competent jurisdiction that any part of the System, including, without Iim itation, any means used to distribute Signals over or within the System, is harmful to the health or safety of any Person, then the Grantee shall, at its own cost and expense, promptly correct all such conditions. Licenses and Permits. The Grantee shall have the sole responsibility for diligently obtaining, at fis own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, repair or upgrade the System, or any part thereof, prior to commencement of any such activity. New Grades or Lines. If the grades or lines of any Street within the Franchise Area are changed at any time during the term of this Ordinance, then the Grantee shall, at its own cost and expense and upon reasonable written notification and request of the Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to conform with such new grades or lines. In the event that the Grantee refuses or neglects to so protect, alter, or relocate all or part of the System, the Grantor shall have the right to break through, remove, alter or relocate all or any part of the Systom without any liability to the Grantee, any Affiliated Person or any other Person, and the Grantee shall pay to the Grantor the documented costs incurred in connection with such breaking through, removal, alteration, or relocation. . Protect Structures. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall, at its own cost and expense, protect any and all existing structures belonging to the Grantor and all designated landmarks. The Grantee shall obtain the prior approval of the Grantor before altering any water main, sewerage or drainage system, or any other municipal 2 .II ...- I. -'. --~----- ,~--...--- ~~"""--.~~" .~. , .' . , . structure in the Rights-of-Way required because of the presence of the System in the Rights-of Way. Any such alteration shall be made by the Grantee, at its sole cost and expense, and in any reasonable manner prescribed by the Grantor. the Grantee agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to serviceable condition, in any reasonable manner as may be specified by the Grantor, any Street or any municipal structure involved in the construction, operation, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of the Grantee pursuant to this Ordinance. No Obstruction. In connection with the construction, operation, maintenance, repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-of- Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or within the Franchise Area without prior consent of the appropriate authorities. Movement of Wire. The Grantee shall, upon prior written notice by the Grantor or any Person holding a permit to move any structure, temporarily move its wires to permit the moving of said structure. The Grantee may impose a reasonable charge (which may require advance payment in appropriate circumstances) on any Person other than the Grantor for any such movement of its wires. Safety Precautions. The Grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, watchmen, and suitable and sufficient lighting. Moving Wires. The Grantor may, in case of fire, disaster, or other such emergency, as reasonably determined by the Grantor, in its sole discretion. cut or move any of the wires, cables, amplifiers, appliances, or other parts of the System, in which event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or any other Person. The Grantor shall take reasonable efforts to consult the Grantee prior to any such cutting or movement of its wires, and the Grantee shall be given the opportunity to perform such work itself. All documented costs to repair or replace such wires, cables, amplifiers, appliances or other parts of the System shall be borne by the Grantee. No Liability for Public WorK, etc. Neither the Grantor nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to the Grantee or any Affiliated Person for any liability as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Street, or the elimination, discontinuation, and 3 "{"" CyJQ. ~..J'~:f.' closing of any Street. I I i f I I , f . 4 " APPENDIX C PEG MA TIERS . i c o \/-tr- II.. - APPENDIX C PEG Matters ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES In order to develop and promote educational, government access, and local programming for the system's access channels, Grantee agrees to provide the following: A. Access Channels. Grantee shall provide the following number of dedicated access channels: two (2) channels for government access (one for the City of Clearwater and one for Pinellas County) and one (1) additional digital channel upon the City's request to be used by the City for local government access, once Grantor provides programming generally on a digital basis; one (1) channel for local origination; one (1) channel for public access; and two (2) channels for educational access (one for the Pinellas County School District and one for the St. Petersburg Junior College). Such channels shall be used exclusively for purposes of public, educational and governmental access programming on a non-commercial, not-for-profit basis. Grantee shall carry and transmit on its lowest basic service level, on the access channels of its Cable System, the same public, educational and governmental programming carried and transmitted on the access channels of the incumbent cable operator in the City, Time Warner Entertainment - Advance/Newhouse Partnership ("Time Warner") or its successors or transferees, so long as the signal for such programming is of high quality and is made available to Grantee at no fee. Grantee shall interconnect the public, educational and governmental access channels of its Cable System with the public, educational and governmental access channels of all other local cable systems in order that the programming on such channels can be universally available to all cable subscribers within the City. Grantee shall be responsible for any costs and expenses necessary to interconnect its Cable System to a mutually convenient and agreed upon point of presence supplied by the other cable operators in the City. Grantor agrees to mediate any disputes between Grantee and other franchised cable operators related to the location of the interconnection point. If such parties, in the opinion of the City are unable to agree on such interconnection point, such point will be determined by the City in the exercise of its absolute discretion. Grantee also agrees to negotiate in good faith an agreement with Time Warner, and its successors, assignees or transferees, by w.hich Grantee and Time Warner. and its successors, assignees or transferees. shall carry all access channels on their systems in the City utilizing the same channel numbers. B. Government Access E.Q.uipment. E.aclJilies and Support. Grantee agrees to pay to the Grantor, within thirty (30) days after the effective date of this Franchise 2 ":"':: :... ;:": :',:~ ::' ': " ':..':.. -,:.,. ", .<. " ,., ,,: .' .' ". ." ,,<,' -'.'<" ~, .~";"'.':.. ',,:.' :" ,;..:" :.'. .' >"':.",' : ~>" . ....~ ,,;';.' ,,'.: " . ,,' '.' ~, :.' .;, ,.': " "'~ :...' " , .., '. ':" .::' <: ':." ',<: Ordinance, the sum of Sixty-seven Thousand Dollars ($67,000) and at the end of seven years after the effective date of this Franchise Ordinance the sum of Fifty Thousand Dollars ($50,000). Such payments shall not be deducted from franchise fees. Grantor shall use such money to support and provide facilities and equipment for government access programming. Grantor shall provide Grantee with an accounting for such funds within one (1) year of receipt. C. ~ucation and Government Access Support. Grantee agrees to pay to the Grantor, within thirty (30) days after the effective date of this Franchise Ordinance and on the anniversary of such date for the term of this Franchise, the following amounts: Year 1 Year 2 Year 3 Year 4 YearS Year 6 Year 7 Year 8 Year 9 Year 10 Total $50,000 $50,000 $75,000 $75,000 $75,000 $100,000 $100,000 $100,000 $125,000 SJ25,OOQ $875,000 Such payments shall not be deducted from franchise fees or collected from subscribers as an external cost pursuant to FCC rules. Grantor shall only use such money in support of public, education and government access programming. Grantor shall provide an accounting to Grantee annually for such funds. Grantee shall have the right to renegotiate with Grantor the amounts and manner in which Grantee funds support for public, education and government access programming after the fourth anniversary of the effective date of the Franchise Ordinance if: (i) the County adopts a model for funding support for such programming that is inconsistent with or fails to take into account the amounts to be paid by Grantee to Grantor hereunder; or (ii) Grantee's actual number of Subscribers in the City after such four-year period is below twelve thousand five hundred (12,500). To the extent necessary for Grantee to avoid further cost or obligation, Grantor shall negotiate in good faith a modification to Grantee's obligations for support of public, education and government access support, equipment and facilities contained in this Ordinance, if under FCC regulations or state or federal law, Grantee is required to share costs with the provider of such facilities (currently Time Warner Entertainment- Advance/Newhouse Partnership ("Time Warner")). In such negotiation, in addition to any costs Grantee may be obligated to share, it may be appropriate for Grantee to 3 aJ~r- .."/ _ _ _ri~~__.___~ ___.._~ _~_" : ~ -. -. . . ..... D. ~. Grantee shall actively promote ongoing community awareness of public, educational and government access channels, and public access facilities and training opportunities for public and educational access, at a minimum in its program guides containing listings of the local off-air broadcast signals in the Grantee's basic service tier, provided that the publisher of any such guide consents to the inclusion of information, at no cost to the Grantee, concerning public, educational and governmental access programming carried by the Grantee based upon the good faith efforts of the Grantee to secure such listings, in an annual bill stuffer, and in public service announcements supplied by Grantor, all in such places and at such times as Grantee in its sole discretion shall determine, and Grantee shall provide Grantor, on request, with a summary of its activities in this regard. continue to provide some support to the City, taking into account the City's needs and the reasonable profitability of the system. E. Singla.Entity Administration of...EducationalLEu.bJic Access Channels and .EaQ.ili1ie.s. If during the term of this Franchise Ordinance, the County creates, or consents to the creation of, a single entity to administer the use of the channels and the use of facilities for all education and public access purposes (the "Community Access Center"), and the costs of operating such Center are shared by all cable operators within the County, Grantor shall negotiate in good faith a modification to Grantee's obligations for support of public, education and government access support, equipment and facilities contained in this Ordinance. In such negotiation, in addition to any costs Grantee, may be obligated to share, it may be appropriate for Grantee to continue to provide some support to the City, taking into account the City's needs and the reasonable profitability of the system. 4 "" -..... \,. .-..-... '. 10' ..' "0 .. APPENDIX D I-NET , i. , " (j \J ~r , " , , . " .' . . , . , . . '. , , , . . " , - APPENDIX D I-NET Grantor shall not be required to provide or contribute towards the support of Grantor's institutional network ("I-Net"). In lieu of any such obligation, Grantee shall pay the grant provided in Section 6 (E) of the Ordinance. 2 , .'. ..",. ,...,...t..,,,..;',.....,tIIMt.._.....",......._.~...'..~*..1v....._.. .'.... ..... .....;.*....._..... ..'....... .,.... "'j.' " ...... ,~..,~.., APPENDIX E CUSTOMER SERVICE STANDARDS i I ! I I I I , J I I , , , o\j~r ~.... .'. '_4 ........... ..4....f'''.............~,......"..'..."....,....... .... ..... ~4....,~......... >,.,4 ............ ... APPENDIX E CUSTOMER SERVICE STANDARDS INDEX . Page SECTION 1 SOLICITATION OF SUBSCRIPTIONS ...................... 3 SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES .......... . . . . . .. 5 SECTION 3 BILLING .............................................. 6 SECTION 4 EQUIPMENT PROVIDED BY THE GRANTEE. . . . . . . . . . . . . . . .. 9 SECTION 5 OUTAGE CORRECTION AND REPAIR SERVICE ............. 9 SECTION 6 SUBSCRIBER COMPLAINTS ............................ 11 SECTION 7 NOTICE ............................................. 12 SECTION 8 TERMINATION OF SERVICE AND DISCONNECTION. . . . . . . .. 13 SECTION 9 CREDITS AND REFUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 SECTION 10 MISCELLANEOUS REQUIREMENTS. . . . . . . . .. . . . . . . . . .. .. 15 SECTION 11 FAILURE TO COMPLY WITH THESE REQUIREMENTS. . . . . .. 16 SECTION 12 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 2 APPENDIX E CUSTOMER SERVICE STANDARDS SECTION 1 SOLICIT A liON OF SUBSCRIPTIONS 1.1 Subscription Informatioo. 1.1. 1 Before providing any service to any potential Subscriber and at least once a year to all Subscribers, the Grantee shall provide the following subscription information to all potential Subscribers and all Subscribers, in a clear, complete and comprehensible form: a. a description of the Cable Services provided by the Grantee, accompanied by a listing of the charges for each such service, either alone or in combination; b. a listing of all rates, terms and conditions for each Cable Service or tier of Cable Service, both alone and in combination, and all other charges, such as for returned checks and for relocating cable outlets; c. a general explanation of other communications devices which may be used in conjunction with the System, including but not limited to, video cassette recorders, remote control devices, closed captioning decoders, parental control devices, and, if applicable, the use of publicly available equipment and a listing of the Grantee's charges for connecting such devices to the System; . d. a description of the Grantee's billing and collection procedures; e. the procedure for the resolution of billing disputes, including the telephone number of the City of Clearwater office Subscribers may call with regard to billing disputes, as specified by the Grantor; f. a description of the Grantee's policies concerning credits for outages and reception problems, consistent with these consumer protection standards; g. an explanation of the procedures and charges, if any, for upgrading, downgrading or disconnecting services, consistent with these consumer protection standards; 3 ()Ij~r h. the required time periods for the completion of installation requests, consistent with these consumer protection standards, and an indication of the penalties for failure to complete installation within such time periods; I. the complaint resolution process; j. the procedures by which the Subscriber will be notified of any rate increase; k. the local or toll-free numbers for the Grantee's Subscriber seNice telephone system; I. a listing of the access channels and a description of the purposes and uses of such channels; and m. a description of significant rights accorded to the Subscriber pursuant to applicable law. 1.1.2 The Grantee shall deliver three (3) copies of all such subscription information to the Grantor within three (3) days after distributing it to the first Subscriber or potential Subscriber so that the Grantor may ensure that the information contained therein comports with these consumer protection standards and is not misleading. If the Grantor determines that such information does not comport with these consumer protection standards or this Ordinance or is misleading, the Grantor may order the Grantee to submit to any Subscriber or potential Subscriber corrected subscription information. The Grantee agrees that the Grantor assumes no liability for the subscription information by virtue of its review of such information. 1.2 . . . Anyone who requests the installation of Cable Service from the Grantee shall have the right to rescind such request at anytime prior to the point in time at which physical installation upon the premises begins. Anyone who requests a particular service from the Grantee shall have the same right of rescission, except that such right shall expire once the requested service is actually received by such Person. 1.3 Marker Showing Converter QiaLLocations. The Grantee will provide Subscribers with a dial location card for all Cable Servicess and will provide a new card showing the then-current Channel lineup on an annual basis thereafter. 1.4 1.4.1 Under normal operating conditions, the standards in this Section shall be met no less than ninety-five percent (950/0) of the time measured on a quarterly basis. 4 .'.- -~- ---~---- ----... -~ ....-.....~. '. . ~ " . ' 1.4.3 Unless a later date is requested by a potential Subscriber, the Grantee shall complete installation of service for any new Subscriber within seven (7) business days after any such request is received, where the installation is located up to 125 feet from the existing distribution system. 1.4.2 Once a request for Cable Service is received, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall install the necessary equipment to receive service. The Grantee may schedule installation activities outside of normal business hours for the express convenience of the Subscriber. 1.5 Becord.s...ofBequests for Cab.le Service. 1.5.1 The Grantee shall keep records capable of showing all requests for Cable Service, which shall contain, with respect to each request for service, the name and address of the Person requesting service, an identification of the block on which the Person requesting service resides or is otherwise located, the date on which service was requested, the date and appointment period on which service was scheduled to be provided and the date and appointment period service was actually provided. These records shall be assembled continuously and made available to the Grantor in summary form and in a legible format. 1.5.2 Any information in the records required by Section 1.5.1 of this Appendix may be destroyed three (3) years after such information was collected, unless the Grantor authorized the Grantee, in writing, to destroy any information required by Section 1.5.1 of this Appendix prior to the expiration of such three (3) year period. SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES 2.1 Training olEmpJoyees 2.1.1 Each employee of the Grantee who may come into contact with m,embers of the public at their places qf residence shall: (i) wear a Company- provided uniform identifying the Grantee; (ii) use a vehicle appropriately identifying the Grantee; (iii) wear a picture identification card indicating his or her employment with the Grantee. Each such employee shall also be trained to perform efficiently the various tasks, including responding to consumer inquiries and complaints, necessary to provide consumer services in a responsible and courteous manner. 2.1.2 All Company employees shall identify themselves by name when answering Company telephone lines routinely used by members of the public. 5 oJ ((C , '. f 2.2 ~. The Grantee shall have local or toll free telephone lines for receiving requests for repair or installation services, for reporting outages and for responding to billing questions. These lines shall be answered twenty-four (24) hours per day, seven (7) days per week, with an answering service or automated device answering them outside of the Grantee's business hours (during which hours these lines shall be answered by Company employees on request). If calls concerning area outages are received, the answering service or automated device shall (i) at the end of the recorded message, permit Subscribers to report outages and to leave their name and account number, if available, for an outage credit; (ii) contact the person authorized by the Grantee to initiate corrective measures; and (iii) with respect to outages known to the Grantee, provide up-to-date information on outages, such as the suspected cause, the efforts underway to correct the problem and the estimated time when service will be restored. The answering service or automated device shall record calls concerning billing questions, complaints, or other matters and Company employees shall return any such call within one (1) business day after the answering service or automated device takes the message. 2.S StandarcLo:f Service f~one System. The Grantee shall maintain a State-of-the-Art telephone system throughout the term of this Ordinance. At the commencement of the term of this Ordinance, the telephone system shall have, at a minimum, enough incoming lines and adequate staff to process incoming calls such that telephone answer time, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (SO) seconds. Subscribers shall receive a busy signal less than three percent (S%) of the time. 2.4 Compliance. The standards in Section 2.2 of this Appendix shall be met no less than ninety percent (900/0) of the time under normal operating conditions, measured on a quarterly basis. The Grantee will not be required to acquire equipment or perform surveys to measure compliance .with the telephone answering standards unless a historical record of complaints indicate a clear failure to comply. SECTION 3 BilLING 3.1 .Ihe.Format of a Subscriber's Bill 3. 1. 1 The bill shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers. 3.1.2 The bill shall contain itemized charges for each category of Service and equipment and any installation of equipment or facilities and monthly use (3 3.1.3 The Grantee shall not charge a potential Subscriber or Subscriber for any Service or Equipment that the Subscriber has not affirmatively requested by name. A Subscriber's failure to refuse a cable operator's proposal to provide such Service or Equipment shall not be deemed to be an affirmative request for such Service or Equipment. , 6...... -~~-~-~ .~-'-_._-~~- -- :'f~"'"'~:''''' "'_I"l,~\,;t.;'..~"jf,~~:~\,';! t~ . ,~" . I thereof (together, "Equipment") for which a charge is imposed (including late charges, if any). an explicit due date. the name and address of the Grantee and telephone number for the Grantee's office responsible for inquiries and billing, the telephone number specified by the Grantor for the resolution of billing disputes, and the FCC Community Unit Identifier Number. The bill shall state the billing period, amount of current billing and appropriate credits or past due balances, if any. 3.2 ~. All bills shall be' rendered monthly, unless otherwise authorized by the Subscriber, or unless service was provided for less than one (1) month. 3.3 Procedures for CoUecting Late Bills. 3.3.1 No bill shall be due less than fifteen (15) days from the date of the mailing of the bill by the Grantee to the Subscriber. 3.3.2 A bill shall not be considered delinquent until at least forty- five (45) days have elapsed from the mailing of the bill to the Subscriber and payment has not been received by the Grantee, provided that no bill shall be mailed more than fifteen (15) days prior to the date seIVices covered by such bill commence, except in cases where a Subscriber requests advance billing. Late fees not to exceed one percent (10/0) may be applied to a delinquent bill, so long as the billing dispute resolution procedures set forth in Section 3.4 of this Appendix have not been initiated. 3.3.3 Except for terminating access to pay-per-view events, movies or other usage-priced services, the Grantee shall not physically or electronically discontinue service for nonpayment of bills rendered for service until: (i) the Subscriber is delinquent in payment for service; and (ii) at least five (5) days have elapsed after a separate written notice of impending discontinuance has been serviced personally upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the Subscriber a separate written notice of impending discontinuance (for which postage is paid by the Grantee), addressed to such Person at the premises where the Subscriber requests billing; or (iv) at least five (5) days have elapsed after a Subscriber has either signed for or refused a certified letter (postage to be paid by the Grantee) containing a separate written notice of impending discontinuance addressed to such Person at the premises where the Subscriber requests billing. Notice of Service discontinuance must clearly state the amount in arrears, the total amount required to be paid to avoid discontinuance of service, reconnection charges if applicable, and the date by which such payment must be made. 3.4 ~ 7 () t..l~( 3.4.1 The billing dispute resolution procedure shall be initiated once a Subscriber contacts the Grantee's department which handles billing questions for the Grantor, orally or in writing, so long as such contact occurs within thirty (30) days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic means, that the dispute resolution procedure has been initiated and the Grantee shall then contact the Subscriber to discuss the dispute. 3.4.2 The Subscriber shall not be required to pay the disputed portion of the bill until the dispute is resolved. The Grantee shall not apply finance charges, issue delinquency or termination notices, or initiate collection procedures for the disputed portion of the bill pending resolution of the dispute. 3.4.3 The Grantee shall promptly undertake whatever review is necessary to resolve the dispute, and shall notify the Subscriber of the results of the review as soon as it is completed, but in no case later than twenty (20) business days after receipt from the Subscriber of the billing dispute, problem or complaint notification. 3.4.4 The Grantee shall notify the Subscriber in writing of its proposed resolution of the billing dispute, and shall inform the Subscriber that unless an appeal is taken to the Grantor within ten (10) business days after the date of postmark on the notification letter, the Grantee's resolution of the dispute shall be considered final. Where no appeal is taken, the amount the Grantee claims is due must be paid within twenty (20) days after the date of postmark on the notification letter. 3.4.5 If the Subscriber appeals the Grantee's resolution within the aforementioned period, payment of the disputed amount may be deferred until one (1) week after the Grantor has reviewed and resolved the dispute. 3.5 ~inQuent Accounts to a CoUection Agency 3.5.1 If the billing dispute resolution procedures have not been initiated, the delinquent account may be referred to a private collection agency for appropriate action no sooner than thirty (30) business days after it becomes delinquent. 3.5.2 If the billing dispute resolution procedures have been initiated, the delinquent account shall not be referred to a collection agency prior to ten (10) business days after the conclusion of those procedures, including any appeal to the Grantor. 8 SECTION 4 EQUIPMENT PROVIDED BY THE GRANTEE 4.1 Types olEQuipment 1.Q.B.eYrovidad 4.1.1 The Grantee shall supply a closed caption decoder to any hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's cost. 4.1.2 The Grantee shall comply with all rules and regulations promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act (47 u.s.c. 99 543 and 544a). 4.2 Terms f..QL8ental and Loaner Equipment 4.2.1 The Grantee may require deposits on Equipment it provides to Subscribers, provided that all such deposits shall be placed in an interest bearing escrow account for the Subscribers, which deposit shall bear a reasonable interest rate, and provided further, that there shall be no discrimination among or between Subscribers in either the requirement for or'the amount of such deposits. 4.2.2 For billing purposes, the return of rental Equipment shall be deemed to have taken place on the day such equipment is returned. SECTION 5 OUTAGE CORRECTION AND REPAIR SERVICE 5.1 Jnterruption of Service. The Grantee shall exercise its best efforts to limit any scheduled interruption of any Cable Service for any purpose to periods of minimum use. Except in emergencies or incidents requiring immediate action, the Grantee shall provide Grantor and all affected Subscribers with prior notice of scheduled service interruptions, if such interruptions will last longer than thirty (30) minutes. For any other scheduled service outage, the Grantee must give notice electronically by placing an alphanumeric message on an information Channel or similar Channel on the System from time to time and at least once an hour, at least forty-eight (48) hours before the interruption of service occurs, unless the Grantor authorizes the provision of shorter notice. I 5.2 Made. Time Periods.l1y WbiGh Outages Mu.st.Be CorrectecLandBepairs 5.2.1 The Grantee shall maintain sufficient repair and maintenance crews so as to be able to correct or repair any reception problem or other service problem of either picture, or sound quality, including any outage of sound and/or picture, on any Channel except for a problem caused by an intentional, wrongful 9 o\JeJ-- act of the Subscriber or by the Subscriber's own equipment which was not supplied by the Grantee, promptly and in no event later than twenty-four (24) hours after the Grantee either receives a request for repair service or the Grantee learns of it. For purposes of this Ordinance, Ureception problem' shall constitute reception that an affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can demonstrate that the Signals transmitted to such Subscriber are in compliance with the FCC's technical signal quality standards (47 C.F.R. ~ 76.601 et seq.). 5.2.2 The Grantee shall maintain, at all times. an adequate repair and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to correct any reception problem or other service problem, the Grantee shall either set a specific appointment time or specify a four (4) hour time block during normal business hours, as requested by the Subscriber or potential Subscriber, during which the Grantee's work crew shall work on the service problem. The Grantee may schedule service calls outside of normal business hours for the express convenience of the Subscriber, provided the Grantee's customer service representatives shall at an times endeavor to be aware of service or other problems in adjacent areas which may obviate the need to enter a Subscriber's premises. 5.2.3 In no event shal! the Grantee cancel any necessary scheduled service call after the close of the' business on the business day prior to the scheduled appointment. If the Grantee needs to cancel a scheduled appointment. it must contact the Subscriber and reschedule at a time convenient for the Subscriber. 5.3 . The Grantee's failure to correct outages or to make repairs within the stated time periods shall be excused in the following circumstances: (i) if the Grantee could not obtain access to the Subscriber's prem ises; or (ii) if the Grantor, acting reasonably, agrees with the Grantee that correcting such outages or making such repairs was not reasonably possible within the allotted time period. 5.4 ~arge fQLRepair Service. The Grantee shall not impose any fee or charge any Subscriber for any service call to his or her premises to perform any repair or maintenance work. 5.5 Service CallsJo Be Provided on a ~iscriminatory Basis. The Grantee shall provide all service calls t~roughout the Franchise Area on a nondiscriminatory basis. 10 5.6 Becor~Repair Service Requests. 5.6.1 The Grantee shall keep records capable of showing all requests for repair service and information ~n outage correction (to the extent available with respect to each of the following types of information), which shall show, at a minimum, the name and address of the affected Subscriber, the block on which such Subscriber resides or is otherwise located, the date and the approximate time of request, the date and approximate time the Grantee responds, the date and approximate time service is restored, the type and the probable cause of the problem, the signal level measured on thirty percent (300/0) but no less than fifteen (15) of the activated Channels on the System after corrective action, if applicable, the corrective steps, if any, taken, and the names of the Grantee employees who took the corrective action(s). Such records shall also describe the corrective action taken, and, in the case of outages, shall estimate the numbers of Subscribers affected. For the purposes of this Section 5.6.1, "time- shall mean the time of request or appointment period, as applicable. 5.6.2 Any information in the records required by Section 5.6.1 of this Appendix may be destroyed three (3) years after such information was collected, unless the Grantor authorized the Grantee, in writing, to destroy any information required by Section 5.6.1 of this Appendix prior to the expiration of such three (3) year period. SECTION 6 SUBSCRIBER COMPLAINTS 6.1 Complaints. For the purposes of this Ordinance, .complaint. shall mean any written communication by a Subscriber or potential Subscriber or oral communication by a Subscriber or potential Subscriber reduced to writing, including to a computer form, expressing dissatisfaction with any nonprogramming aspect of the Grantee's business or operation of the System. 6.2 Time PeriQd~ution of Complaints. Except where another time period is required by any other provision of this Appendix, the Grantee shall make its best efforts to resolve, as soon as practicable, and in no event later than seven (7) business days, all complaints after they are received by the Grantee. Within two (2) business days of receiving a written complaint or a complaint forwarded to the Grantee by the Grantor, the Grantee shall notify the Person who made the complaint, either by telephone or in writing, that the complaint has been received and that the Grantee will make its best efforts to resolve such complaint within seven (7) business days of receipt of such complaint by the Grantee. . 6.3 .B..eie..uaL.o.f Complaints from the Grantor to the Grantee. 6.3.1 If the Grantor is contacted directly about a complaint concerning the Grantee, the Grantor shall notify the Grantee. 1 1 o \J ,U~- , . t J 6.3.2 Within seven (7) business days after being notified about the complaint, the Grantee shall issue to the Grantor a report detailing the investigation thoroughly, describing the findings, explaining any corrective steps which are being taken and indicating that the Person who registered the complaint has been notified of the resolution. 6.4 ComplaioLRecord.s. 6.4.1 The Grantee shall maintain complaint records, which shall record the date a complaint is received, the name and address of the affected Subscriber, the block on which such Subscriber resides or is otherwise located, a description of the complaint, the date of resolution, a description of the resolution and an indication of whether the resolution was appealed. 6.4.2 Any information in the records required by Section 6.4.1 of this Appendix may be destroyed after three (3) years after such information was collected, unless the Grantor authorizes the Grantee, in writing, to destroy any information required by Section 6.4.1 of this Appendix prior to the expiration of such three (3) year period. SECTION 7 NOTICE 7.1 Notice Required, 7.1.1 The Grantee shall provide notice to the Grantor and all Subscribers of any change in any fee, charge, deposit, term or condition, which notice shall be provided no later than thirty (30) days prior to the effective date of any such change. All notices required by this Section 7.1.1 shall specify, as applicable, the service or services affected, the new rate, charge, term or condition, the effect of the change, and the effective date of the change. 7.1.2 If the Grantee provides a premium Channel without charge to Cable Subscribers who do not subscribe to such premium Channel, the cable operator shall provide a means whereby (i) those Subscribers without a set top box may request at the time of installation that the signal from such premium Channels be blocked to prevent any viewing during any such free period, (ii) those Subscribers with a set top box may either request that the signal for such premium Channels continue to be scrambled during any free.offer periods, or use parental control features on the set top box to preclude viewing such premium Channel. For the purposes of this Section 7.1.2, the term "premium Channelll shall mean any Service offered on a per Channel or per program basis, which offers movies rated by the Motion Picture Association of America as X, NC-17 or R. 7.1.3 The Grantee shall provide notice, in writing, to the Grantor and all Subscribers of any change in any Channel assignment or in any Service 12 . I, provided over any such Channel. which notice shall be provided no later than th irty (30) days prior to the effective date of any such change. The Grantee shall also provide notice, in writing, to the Grantor and all Subscribers that comments on programming and Channel position changes are being recorded by a designated office of the Grantor, which notice shall be provided no less often than once every sixty (60) days. SECTION 8 TERMINATION OF SERVICE AND DISCONNECTION 8.1 hlQtice oLTermination of Service. As described in Section 3.3.3 of this Appendix, the Grantee may terminate service to any Subscriber whose bill has not been paid after it becomes delinquent, so long as the Grantee gives proper notice to the Subscriber as provided in Section 3.3.3 of this Appendix and the billing dispute resolution procedures have not been initiated. 8.2 Besubscription to Cable Service. The Grantee shall not refuse to serve a former Subscriber whose service was terminated, so long as all past bills and late charges have been paid in full. The Grantee may not charge such terminated Subscriber any fee(s) not applied to former Subscribers who voluntarily terminated service. The Grantee, however, may require a deposit from such a terminated Subscriber in an amount not to exceed such Subscriber's anticipated monthly charges for a two (2) month period, provided that all such deposits shall be placed in an interest bearing escrow account for the Subscriber, which deposit shall bear a reasonable interest rate. Such deposits shall be returned to the Subscriber no later than after twelve consecutive months of no delinquent payments by such Subscriber. 8.3 .LengttLQLTime to Disconnection. If disconnection occurs at the Subscriber's written or oral request, then, for billing purposes, it shall be deemed to have occurred three (3) days after the Grantee receives the request for disconnection unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period. 8.4 ~ing Appointments. Except for disconnection of Cable Service for non-payment, the Grantee shall either set a specific appointment time or specify a four (4) hour time period during normal business hours, during which its work crew shall visit the Subscriber's premises to disconnect service and to remove any Equipment. The Grantee may schedule such service outside normal business hours for the express convenience of the Subscriber. 8.5 . The Grantee shall ensure that the subscriber's premises are restored to their original condition if damaged by the Grantee's employees or agents in any respect in connection with the installation, repair or disconnection of Cable Service. 8.6 The Grantee shall not charge any fee for disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a period of six (6) months or less, the Grantee shall not impose a charge on such 13 () J l(_( . " Subscriber for reconnection within such six (6) month period, if, at or prior to the time of disconnection, the Subscriber notifies the Grantee that he or she requests to have his or her Cable Service reconnected within six (6) months. In such cases, the Grantee shall disconnect and reconnect the Subscriber's Cable Service remotely without visiting the Subscriber's place of residence. SECTION 9 CREDITS AND REFUNDS 9.1 Grounds. As a result of the Grantee's failure to comply with these consumer protection standards, the Grantee shall provide to each affected Subscriber or potential Subscriber, as applicable, the following credits: (i) for a failure of the Grantee's crew to arrive at the Subscriber's premises at the scheduled time or within the promised four (4) hour period for any installation service, as provided in Section 1.4.2 of this Appendix, a credit equal to free installation and the amount that would have otherwise been billed to such Subscriber for all Cable Services selected by such Subscriber for the first billing period following installation up to a maxim urn amount of Twenty-five Dollars ($25); (ii) for a failure of the Grantee to complete installation of service within the scheduled time period provided for in Section 1.4.3 of this Appendix, unless otherwise excused, a credit equal to free installation; (iii) for any reception problem, including any outage of sound and or picture on any Channel, as defined in Section 5.2 of this Appendix, or for any other service problem which remains unrepaired for more than twelve (12) hours after either the Grantee receives from the Subscriber a request for repair service (provided that, to the extent access to the Subscriber's premises is required to effect such repair, the Subscriber has granted the Grantee such access) or the Grantee learns of such problem, a minimum credit in an amount equal to one- thirtieth (1/30) times the total bill for Cable Service of such Subscriber for the preceding billing period, for each twenty-four (24) hour period during which such reception problem persists for at least four (4) hours; (iv) for a failure of the Grantee's crew to arrive to correct any outage or make any repair during the stated time period, as specified in Section 5.2.2 of this Appendix (except where such failure is excused by Section 5.3 of this Appendix or except where such crew is no longer required due to a repair effected in a nearby portion of the System, in which case the Subscriber shall be notified by telephone that a vh,it to such Subscriber's residence is no longer necessary), a credit in an amount equal to all charges billed to such Subscriber for the preceding monthly billing period up to a maximum amount of Twenty-five Dollars ($25); and 14 f , " .. (v) for the improper termination of service to a Subscriber, free reconnection and a credit in an amount equal to all charges billed to such Subscriber for a period equal to two (2) times the total number of days such Subscriber does not have service up to a maximum amount of Seventy-five Dollars ($75). 9.2 purpose. The Grantee agrees that each of the foregoing occurrences necessitating such credits shall result in injury to such Subscribers, which injury will be difficult to ascertain and to prove. The Grantee agrees that each of the foregoing credits is a fair and reasonable compensation for such injury and that such compensation constitutes liquidated damages, not a penalty or forfeiture. 9.3 G.a.lc.uJ.a1i.Q. For the purpose of calculating the amount of credit owed pursuant to Section 9.1 (iii) of this Appendix, such four (4) hour period shall be deemed to have begun at the time the outage occurred. 9.4 G.redits. With respect to any credit described in Section 9.1 (iii) of this Appendix, the Grantee shall automatically provide a credit on each Subscriber's bill affected by a reception problem, as applicable. If the Grantee cannot determine who was affected, then it shall provide a credit to any eligible Subscriber who makes application therefor by written or oral notice within ninety (90) days after the outage or reception problem occurred. With respect to any other credits enumerated in Section 9.1 of this Appendix, the Grantee shall provide such credit automatically to the affected Subscriber's next bill. . 9.5 B.e1un.d..s. Refund checks shall be issued promptly, but no later than either (a) the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (b) the return of the equipment supplied by the Grantee if the service is terminated. SECTION 10 MISCELLANEOUS REQUIREMENTS 10.1 . The downgrading of a Subscriber's service shall be effected solely by coded entry on a computer terminal or by another similarly simple method, and the charge for such downgrading shall be nominal, and in no event shall exceed the cost for any upgrading of a Subscriber's service by such method(s). Charges for changes in service tiers or equipment that are impossible to be made by coded entry on a computer terminal or other similarly simple method and that involve a more complex method shall not exceed act~al cost, and in no event shall exceed the cost for any upgrading of a Subscriber's service by such method. 10.2 . The Grantee shall display a written notice on an information Channel from time to time, stating that information, complaint resolution 15 00(( . .' . and repair service may be obtained by telephoning the Grantee at a designated telephone number. 10.3 .Gre.d.its. In the event applicable law permits, at any time during the term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or -rollback" rates, fees or charges for any Service provided pursuant to the Agreement, the Grantee shall automatically provide a credit on each Subscriber's bill affected by such decrease or rollback, or shall pay to each Subscriber, in cash or by check, the amount of the credit if such credit would be equal to or more than the average bill of such Subscriber for the immediately preceding three (3) month period. 10.4 Payment Stations. The Grantee shall maintain in the Grantor at least two full service locations at which bills can be paid and Subscriber inquiries can be answered. 10.5 ~. The Grantee shall provide in any cable programming guide supplied to Subscribers a listing of the channel location of all PEG channels and the programming thereon. SECTION 11 FAILURE TO COMPLY WITH THESE REQUIREMENTS 11.1 MateriaLReQuirements. 11.1.1 The Grantee agrees that substantial failure to comply with any material requirement set forth in these consumer protection standards shall constitute an Event of Default. 11.1.2 The Grantee also agrees that if the Grantor determines, in the exercise of its sole discretion, that the Grantee has, after notice from the Grantor, repeatedly failed to comply with any requirement set forth in these consumer protection standards, then the Grantor may elect to treat such failure in all respects as an Event of Default. 11.2 . If the Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or agents abide by these consumer protection standards, the Grantee shall be liable for any breach of these consumer protection standards com m itted by its contractors, subcontractors, or agents just as if the Grantee itself had committed the breach. , 16 ,.. - ~- - ---- -- .- -- . . . SECTION 12 DEFINITIONS to' t ,. .. 12.1 . The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. , 12.2 ~ormal OperatiOQ Conditions. The term "normal operating conditions. means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events. rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. Re:. \ \ TIME/W ARNER AND GTE FRANCHISE AGREE~~4~ 1996 COPIES TO: COMMISSION A Brief Comparison PrU:.:...h,) CLERK / ATTORNEY The City of Clearwater negotiating team considered a number of factors to make the benefits and obligations balance. We looked at the whole agreement balancing the Company's needs, the City's needs, and competition within the market place. Also balanced was the fact that Time Warner has 40,000 subscribers and has been operating without competition for the last 17 years and was renewing the franchise agreement. GTE has no subscribers to cable TV and was requesting a new franchise agreement. There have been numerous changes in federal and state law that limit our regulation and treat renewals and new franchises somewhat differently. For example, we can no longer require local origination programming. Therefore, it mentioned in the GTE franchise that they will carry a channel if possible and the Time Warner franchise states that the local origination channel and programming will be at the sole discretion of Time Warner. This document is an attempt to compare the major parts of the agreements. We do not have a final copy of the agreement with Time Warner since that document has not been produced pending final negotiations. We believe that agreement is close. Attached is a letter from Attorney Tim Johnson affirming that belief. In the event that either firm believes that the playing field is not legally level, there is a section in each franchise that outlines a procedure for protest and resolution of the issue. The language in both franchises is generally the same and has been accepted in negotiations. o\J~r . I ' ' It " _ , . \: ITEM Franchise Fee Same language for both. Grants. Transfer of Franchise. Institutional network. Service. Term. Customer Service Standards (App. E). PEG. State of the Art. Ir TIME \V ARNER II GTE 5% 5% $50,000 \Vants to transfer as long as Time Warner retains control without City approval. Still negotiating this item with Time Warner. Time Warner will maintain existing net but not pay for extraordinary maintenance cost. Wants to limit out use of the I-Net so that it cannot be connected to any switched net. Still negotiating this item with Time Warner. Will serve Clearwater Marina through a wholesale agreement. Will provide one outlet to Harborview Center. 15 years. Consistent with FCC standards. Still negotiating this item. Time Warner will continue the same public access support as today. If they negotiate an agreement with the County that is acceptable to us or that does not substantially change that support, the County language will apply. If not, we will renegotiate. Time Warner will allow interconnection at GTE's expense. This language to be negotiated. Grant of $100,000 for equipment for 20vemment access for year one and $75,000 (~~ yeirP b~ 0<' ~ Nine (9) hours of support per week and the use of the van or a cash payment agreed to in franchise language. City will pay Time Warner any of the remainder of the PEG monies paid by GTE at the end of the year not used by the City to enhance PEG or otherwise negotiated in future negotiations. Will meet state of the art provisions as long as there is no competition. $50,000 Must get City approval. Included in $50,000 grant. Will provide service to downtown buildings as noted. 10 years. Standards set at the level that the City requested. Will be required to carry. Will renegotiate in four (4) years after the County franchise is negotiated. Grant of $67,000 the first year and $50,000 in year 7. Graduated payments totaling $850,000 over ten (10) years. Will meet state of the art service for the term of the franchise. -- ----- .--.----.-. -'-'-~" - .-~~.~..., . c: 05/31/96 15:11 174418617 JOHNSON-BI..AKLEY fZI 002/002 JOHNSON, BLAKELY. POPE, BOKOR, RUPPBL &. BURNS, P.A. An01NIYI AND COUNSELLORII AT LAW !. D. AA).13TRONO t1/ B1U 1C'i " BMN'E4 JOHN T 8~L Y 8lUl,,'i K ~JI\ CJUV),l &UlHS ~/l~IWJ1. T. CRl)N')oj CU.\NJ\ .\. O,\OOU IU.I7.ADan I J. DANmU LII. \.. DOIX1I:i WMJON JW.K l,U,<JS W. HtJ).(,t,N)l SC( n c. 1LQS)G:'pJTZ nJ NK L IAKBS lU60niY A Jt.)r()I30N, .Ii. IWJtON.. aleX ROC il/l A. Ul.SON JOI{l\l '" LAWSON, JR.. MlCHAEL Q. UTTLI MICHABLC.~ aTlPHANIi T MIJlc1-IA.tD'r OA VIO J OT1'lNCl6.l F. WALLAr.1t POPE./a. CI\AA Yl- P.. ~ICHAMlS Cl\NHlS a JUlFm. CWJU..!U It. ~d IOliN /t. ~ 1HIUJl.... IIiA.lfrlitH l."tWtUa K l'Al'llLlMUll lC 1I\N U, ytu.. '(:'Slit 11.1 AJffl<<lN\' P zrnna M.1t IU V'<'KAU ~oomm. 'L.E.ui ABM. Y TO (,'UAk\J.'ATEA ftLI~, 22007.0536 May 31,1996 VIA FACSIMILE 462-6720 Mrs. Kathy Rice Deputy City Manager City of Clearwater 112 South Osceola AVQnua Clearwater, Florida 34818 Re: Dear Kathy: Time Wamer Cable Franchise Renewal t' This lettar confirms that, from the perspective of Time,Wamar, we are very close to resolving th~ few romaining issues with the City in connection with the renewal of Time Wamer's Cable erefevislon franchise.' We appreciate the effort that you and Pam Akin have put into theae negotiations over the past two weeks and. hopefully, all open matters will be resolved prior to the City Commission's meeting en June 6. With best regards. I remain o youra, TAJ:slh 00: I'dr. Bob Barlow (1ary Matz, Esquire 0100844.01 CLIAJl..... A TIt CJPPJ:I tll C'U!S'DIJI' 1'J'UIf~ I'OITOFJIICIIOX .,. CUl,u,WATBR. JI1..ORJDA 1,Nf 'I'IUHQIt; (tll) .1.'1'1 \ 'A('.'~IU/l1n ~~.I' / TANI'AorYlCI ,ell f<<lllTH TAW'''' Jl11UlIT am I. ~OWK'I ~ I tOO T~A. PLOJUl)A lJclOl.IIOO ,.- nu:mowa llIJl!1J.2$tcl t'41.llOOU:('I1.JUUJ1" OV~( .. (ffi3 GTE Telephone OperatiON SENT VIA FACSIMILE May 28, 1996 Pamela K. Akin City Attorney City of Clearwater P.O. Box 4748 112 S. Osceola Avenue Clearwater, FL 34618-4748 Re ~ RESPONSE TO TIME WARNER OBJECTIONS TO PROPOSED GTE MEDIA VENTURES FRANCHISE ORDINANCE Dear Pam: As we discussed, in response to Commissioner Seel's request that GTE respond to the points raised by Time Warner in the public hearing held on May 16, 1996 related to the proposed franchise ordinance for GTE Media Ventures (GTE) r we would like to make the following comments. These comments are based upon our understanding of the status of your renewal negotiations with Time Warner as of the date of the public hearing. A. Time Warner Objections Based upon new Hi9~~~ Stand~~q Established by Proposed GTE Ordinance. It appears that many of Time Warner's objections relate to their concern over certain obligations agreed to by GTE that Time Warner would then be expected to undertake as part of their franchise renewal. 1. Own~rship of subsctiber drop. The subscriber drop is the last piece of the cable system that runs from a Bubscriber's home to the interconnection point in the public right of way. Under federal rules, this drop is owned by the cable operator who installed it, with new federal rules anticipated to confirm subscriber ownership of cable inside the subscribers home, but not of the subscriber drop. Appendix E of the proposed GTE ordinance contains certain Customer Service Standards that the City requested of coo A part of GTE Corporation 19v'~ 92P9C9P' .. 3-01 '"l:11 a 030 I () Sv : ~ 96/~/Se Pamela AAin May 28, 1996 Page 2 GTE. Based upon the City's representation that these st~dards were the old Vision C~le standards and that Time Warner was also being required to adopt these standards, we agreed to include the standards as part of our proposed ordinance. Section 8.7 of Appendix E provides that, notwithstanding federal rules, the subscribers in Clearwater shall own the subscriber drop. This is a very pro-consumer provision that will allow citizens to switch cable providers (assuming that all providers h&ve the same standard) without undergoing the installation (and likely burial) of a new drop. Time Warner objects to this provision because they anticipate that they will be asked to agree to it as well as part of their renewal. They do not want to give ownership of the drop to the subscriber. They are also concerned that if they agree to this provision for their renewal, that somehow the provision will apply retroactively to drops installed under their expired franchise and that GTE would have an unfair advantage when entering the market because it could use the Time Warner drop instead of being required to install its own. GTE questions whether the City could retroactively transfer ownership of subscriber drops installed under the old franchise from Time Warner to their subscribers. Instead, this obligation in the re~ewal franchise would likely be interpreted only to apply to drops installed by Time Warner after the renewal. Additionally, as I mentioned in the hearing, GTE does not intend to use Time Warner's drops because of concerns over quality of materials and construction methods used by Time Warner. At the same time, it would be unfair to GTE for Time Warner co have the abilicy to use the GTE drop going forward, if GTE did not have the same opportunity in the future should Time Warner upgrade its facilities. GTE has budgeted over $2,000,000 for the installation of subscriber drops in the Clearwater market. Accordingly, GTE would agree that the Time Warner version of Section 8.7 include language that makes it clear that it applies to Time Warner drops only on a going forward basis. In the alternative, GTE would agree to the removal of jSection 8.1 of Appendix E from the GTE proposed '" ordinance. 2. Term of Fr~nchi$e (7 year re-~pener). Time Warner complained that the City was demanding an opportunity to re-negotiate their renewal franchise after seven years while the proposed GTE ordinance did not contain such a requirement. In negotiations, the City staff di8closed a\I~K ~ t9p'~ 9G~ 4- 3'<<Jl ~ I a O~ I f'I SI7 :90 96/tSG/S0 Pamela Akin May 28, 1996 Page 3 to GTE that the City wanted only a ten year franchise term and Time Warner was demanding a fifteen year term. The city said that it was willing to give a fifteen year term with a seven year renegotiation provision. GTE was offered a choice between a fifteen year term with the renegotiation provision or a ten year term. GTE chose the ten year term and understands that same option is available to Time Warner. 3. Strict r~rformance Stand~rd8. Time Warner complained that the proposed GTE ordinance did not contain the strict performance requirements and penalties set forth in the expired Time Warner franchise. The expired franchise does contain certain penalties to be paid to the City if Time Warner fails to perform certain obligations under the ordinance. However, neither Time Warner, as a condition of its renewal, nor GTE in its proposed ordinance, have been asked by the City to include such a provision. Instead, the City has replaced those penalty provisions with comprehensive customer service standards that it has asked both Time Warner and GTE to accept. These cuetomer service standards require substantial credits to consumers (rather than payments to the City) for an operator's failure to meet the required standards. GTE has agreed to be subject to these standards and they are set forth in Appendix E of the proposed GTE ordinance. It is our understanding that Time Warner has not agreed to be subject to these comprehensive standards, and this is one of the main reasons they have not been able to reach agreement on a renewal franchise. In summary, it appears that Time Warner objects to the proposed GTE ordinance in the following areas because Time Warner does not want to be held to the same obligations agreed to by GTE: -Ten year (rather than fifteen) franchise term; -Comprehensive customer service standards with substantial credits to auhecribers for failure to meet such standards; and -Granting subscribers ownership of the subscriber drop. Time Warner's attorney publicly criticized GTE in the laat City Commission meeting for agreeing to such obligations, stating that GTE would not have done so had we been more experienced in the cable television business. We take offense at this characterization in light of our wil11ngneos to respond affirmatively to the legitimate requests of the City VM 19t7.()-l 9Gt79Z9t7 .. ;NJl ~ I a 03] 1('\ 9\-:90 96/6C/se . '. ' . ' 'J, . Pamela Akin May 28, 1996 Page 4 in order for us to be able to bring consumers in the City a choice in providers of video programming more rapidly. Time Warner's unwillingness to agree to these, as well as other, requests by the City have led to lengthy franchise renewal negotiations. Now Time Warner is using their unwillingness to agree to these obligations (which has resulted in no renewal franchise) a8 a reason for the City not approving the proposed GTE ordinance. Time Warner argues that the Commission cannot determine if the GTE ordinance is fair when the City does not have an existing Time Warner ordinance to compare it against. This argument is a red herring intended to mislead the Commission. Time Warner does not have a renewal of its franchise mainly because of its continued refusal to agree to legitimate requests by the City in certain key areas. GTE was willing to accept the City'S demands in these areas and, because of that, has a franchise ordinance ready for approval. In each case, these obligations accepted by GTE exceed Time Warner's current obligations. Since Time Warner has refused for tbe better part of two years to agree with the City on these issues, it is unlikely that they will agree now, especially if their continued refusal will cause a delay in approval of the proposed GTE ordinance. Because of its existing customer base and repeated extensions of its existing franchise, Time Warner is quite content to continue operating as long as possible without undertaking these added obligations. On the other hand, GTE agreed with the City on these issues because we recognized that they were important issues to the City and we had a strong desire to not delay choice for your citizens. It is unfair that GTE, by incurring franchise approval delay, should be punished for reaching quick agreement with the City by accepting these obligations, while Time Warner does not have a current renewal because of its continued refusal to accept these obligations. Time Warner has wrongfully taken advantage of the Commission's concerns over fairness by twisting its own refusal to accept the legitimate renewal obligations requested by the City into an excuse for delaying approval of GTE's francbise. B. Time Warner Level Playin9 field Objectiona. Florida law requires that the proposed GTE ordinance not be less burdensome or more favorable than Time Warner's franchise. Norman Sinel, the City'S outside legal expert, who is one of the country's most knowledgeable experts in the area of cable television franchises, gave his unbiased views at the last Commission meeting regarding the state level playing field requirements. He stated that he did not believe that o~er-- ~ 19p.~ 9Ct19G9p .. 3.()1 ""l1 I a 030 I () loP :ge 96/GG/S0 Pamela Akin May 28, 1996 Page 5 Florida law required identical agreements. He also pointed out that he did not think that the City was required to negotiat@ simultaneously with the incumbent or to have them become participants in negotiations with a competitive provider, and stated that doing so might not be appropriate. The Commission's legal requirement, as stated by Mr. Sinel, is to balance the burdens and benefits of each franchise, including the circumstances of an incumbent and an entrant, and make a good-faith judgment that the franchises are balanced. He further indicated that so long as the Commission did not act in an arbitrary or capricious manner in determining that such franchises were balanced, the City should be found to have satisfied the level playing field requirements. Mr. Sinel finally suggested that this burden had likely already been met by the fact that the City staff, who is intimately familiar with both franchises, has concluded that the proposed GTE ordinance is fair and balanced and bas recommended its approval. The proposed GTE ordinance is a negotiated document, with compromises given and taken on a number of issues. As pointed out by Mr. Sinel, under Florida law, the proposed ordinance must be looked at as a whole for the purposes of determining fairness. When a single issue is compared between providers, it might appear to be unfair to one side. For example, GTE has agreed to expend over $200,000 to extend its network to serve downtown areas at the request of tbe City. If only this issue is examined for determining fairness, it would seem unfair for GTE to have this obligation since Time Warner has not agreed to do the same. Also, GTE has agreed to more stringent technical and customer service standards than Time Warner and to install a status monitoring system. These obligations all increase GTE's costs in systems and personnel and must be taken into account when determining whether the City has met its level playing field requirement. In light of the foregoing, we can look at Time Warner's level playing field objections raised at the most recent Commission meeting. ~. Lpca~ origination, access channel intercon~ect1on. In its expired franchise, Time Warner already had the obligation to interconnect origination and access channels of the cable system with any or all other CATV systems. GTE has a similar obligation in the proposed GTE ordinance. The City has asked Time Warner to continue this obligation in its renewal franchise. Time Warner objects, stating in the last Commission meeting that they are not willing to provide GTE with interconnection and that GTE should have to duplicate the facilities needed to produce its own local and public programming or at a ~ 19p.()-f 9C~9t7 .. ::NJl "'ll:ll a 030 I (l 1.t7:ge 96/GG/S0 l.0~ Pamela Akin May 28, 1996 Page 6 minimum share equally Time Warner's costs of providing such programming. Time Warner 1s confusing its interconnection obligation with a level playing field analysis. The City cannot, as Time Warner suggests, look at this single issue for determining whether level playing field requirements have been met. It has already been pointed out that the obligations of each franchise holder need not be identical. An overall balancing of the burdens and benefits is what is required. Although it was not obligated under level playing field to do so, the City could have required that GTE duplicate production facilities or share Time Warner's costs of providing such facilities on an equal or pro rata basis. The City staff determined that this duplication would only cause higher costs to be incurred unnecessarily, which in turn would have to be passed on or recovered from the citizens of Clearwater. The City staff also felt that the incumbent operator has more than recovered its initial capital costa required for PEG support and that the obligations of the operators needed to be balanced on a going forward basis, not on what was required in the past. Time Warner is also grossly misinterpreting its obligation from the City to provide and operate facilities used to produce programming for the public good. Time Warner feels that this obligation somehow grants them a right to own or control use of such programming exclusively. This was never the case under the expired franchise which required them to interconnect and provide this programming to all ~TV providers. At no time did the expired franchise give Time Warner exclusive rights to this programming or require any other CATV company to pay for or share the coats of producing such programming as a condition for interconnection. The programming provided on the public, educational and governmental (PEG) channels is for the benefit of the public. It is being produced using facilities provided for the public use and benefit as required by the City. The City has the desire and the right to require that all citizens have access to such programming regardlesa of which CATV company they subscribe to. The fact that Time Warner is required to provide and operate these facilities for the benefit of the public in no way confers upon them ownership of or exclusive rights to such programming. If Time Warner wants to produce programming that it owns and controls. it can do so using facilities other than those owned and operated for the benefit of the public, broadcasting it on its own (non- t9p'~ 9Z~ to :N:ll ~ I a 03a t () 817 : 90 96/GC/S0 O.~'tK Pamela Akin May ~a, 1996 Page 7 public) channels, after negotiating and paying for the rights necessary to own and broadcast the programming. Otherwise, the programming belongs to the public and needs to be made available to the public as required by the City without threats of interference from Time Warner. ' 2. Tj~e Warner costs of providing facilitiea~ equip~ent~ persoonel ~nd training versus GT~'s payment x~quire~ent8. At the hearing, Time Warner alleged that its costs of providing equipment, facilities, personnel and training for PEG far exceed GTE's burdens under the proposed GTE ordinance. Time Warner's attorney mentioned in the public hearing that in each of the last two years we've spent over a million dollars on local origination and public access programming. But GTE does not feel that this is the appropriate measure nor does it feel that it should be required to match or share Time Warner's inflated representations of its costs. Time Warner is only obligated to provide the City of Clearwater with a few hours each month of studio time for public access and a few hours each month of personnel time to assist with government programming. The City staff estimated the cost of providing the government programming support at $30,000 annually. The cost of providing the actual public access support is less since the hours of support are fewer, but even assuming an annual cost of $20,000, the total cost of PEG support actually received by the City from Time Warner cannot exceed $50,000 per year. This is Time Warner's burden that GTE should be judged against for level playing field purposes. But even if GTE is expected to share or match Time Warner's costs, those costs must be reasonable. Vision Cable's original proposal for Local Origination programming and access support for all of its operations 1n Pinel1as County contemplated the following annual operating budgets; First year Third year Fifth year Tenth year $127,000 $199,000 $256,000 $371,000 Time Warner's lawyer now says these costs are now over $1,000,000 a year. Bob Barlow, general manager for Time Warner sent the attached letter to Pinellas County on March'lS, 1996 representing Time Warner's anticipa~ed (budget) costs for providing local origination ~ 19p.(N 9GP9C9P .. 3NOl ~ra 0301() 96/6C/S0 6v:90 Pamela Akin May 28, 199' Page 8 programming and public acceas support in 1996. In the letter, Mr. Barlow offers an explanation of why the costa as reported by Time Warner are so much higher than those reported by Vision Cable. Re stated that the new numbers include allocations of overhead costs, and an allocation of expenses such as rent, office supplies and postage. According to the letter, Time Warner's 1996 operating budget for local origination programming and public access support is as follows: Local Public QJ'igination Access 1996 Operating budget $1,050,000 $440,000 1996 Capital expense ~50.00Q 150.000 Total $1,300,000 $590,000 According to the City staff, these facilities support over 295,000 Time Warner subscribers, approximately 40,000 of which come from the City of Clearwater. Using these numbers, the percentage of costs allocable to Clearwater for 1996 would be 13.6%. Being conservative by assuming that Time Warner will make the above capital expenditures annually, the amount allocable to Clearwater would be: Local Origination public Access Total Total $176,800 $ 80.24Q $257,040 Per Sub. $4.42 2..01 $6.43 These cost figures represent the absolute top of the coat range for Time Warner And are not reasonable in our opinion. First, the numbers ob~iouBly include a tremendous overhead allocation from Time Warner's corporate headquarters since the 1996 budget numbers are almost five times the previous budget anticipated by Vision Cable. Undoubtedly, Time Warner's depreciation and amortization costs are based on new values assigned to these facilities as a result of their purchase of Vision Cable. These costs have also probably not been reduced to reflect revenues from studio rental or the use of the facilities by Time Warner for local advertising production and other corporate uses. Because we felt that Time Warner's cost estimates were inflated, we prepared an estimate of what we thought it would cost to opexate the facilities provided and operated by Time Warner in Pinellas County. With capital CJ\ltK. 600 t9p.~ geVge9v ~ 3NOl ~Ia 030I~ 6p:90 96/62:/S0 . ~ . , ' - ' " ' . . Pamela Akin May 28, 1996 Page 9 expenditures being made every five years, without a corporate overhead allocation from GTE and without any reduction for corporate use or rental revenues, our total estimated coats were approximately one.third of those put forward. by Time Warner. Using the same percentage to allocate the costs between local origination and public access, GTE's estimate of Time Warner's true costa allocable to clearwater are: Local Origination Public Access Total Total $ 63,000 S ~6.000 $ 89,000 Arguably, from a City staff perspective, these numbers represent the low end of Time Warner'g range of costs for providing local origination and public access support. Using this analysis it appears that Time Warner's annual cost for providing these facilities will be somewhere between $890,000 and $2,570,400 over the ten year term of GTE's proposed franchise. As you know, GTE agreed to pay to the City $815,000 over its franchise term in support of public access. This figure was ultimately acceptable to GTE because it approximates what we feel is Time Warner's true cost of providing these facilities. The City retains the right to pay any or all of these payments from GTE to Time Warner, if the City later determines that Time Warner's true costs are higher than $875,000. With tbe flexibility built into the proposed GTE ordinance, Time Warner's true costs could be more than double GTE's estimate and the City could assure a proper balancing of obligations between operators by passing GTE payments through to Time Warner to offset their costs. The foregoing numbers also all assume that GTE is matching or sharing in Time Warner's costs of producing both local origination programming and public access support. If Time Warner's local origination obligation is eliminated for the renewal franchise, as represented to us by the City staff, then only Time Warner'. costs of providing public access should be considered. When sucb a comparison is made, GTE's $875,000 over ten years exceeds even Time Warner's inflated estimate of $802,400 over the same period for public access support. 3. Ti~~ Warner dOB~ not think the proposed GTE prdin~ope meets l~vel playing fie~d r~~irements. This is what one would expect Time Wa~ner to say, regardless of the content of the proposed GTE ordinance. The au) t9t"CJ-I 9Z t7'3C9 t7 .. 3'-101 '"l:ll a 03<11 f'l es:ge 96/GG/se Pamela Akin May 28, 1996 pag. 10 proposed ordinance waG not drafted by GTE, but by the City. The City staff outlined conditions for a franchise for GTE and except for a few minor changes, GTE agreed in good faith to the City's demands in order to receive rapid approval of its franchise. The City wae represented by well respected technical and legal experts during these negotiations. In addition to the $875,000 being paid for PEG support, GTE is also matching dollar for dollar, up-front grants currently proposed for Time Warner (prorated to take into account a ten year versus a fifteen year franchise term) . GTE has also agreed to the following items, which we understand are not being provided by Time Warner at the following additional estimated costs: Wiring of Downtown Status Monitoring System Capital Costs Operating (10 yr) Expanded cust. support hours CUstomer support credits GTE Qpligations $200,000 Time Warner Fosition $230,000 $130,000 $ 40,000 $117,000 -0- -0- -0- -0- -0- As you can see, the proposed GTE ordinance places burdens on GTE in excess of those anticipated from Time Warner in almost every case. This is even more true if the City takes into account the differences between GTE as a new entrant and Time Warner as an incumbent, as recommended by Norman Sinel. GTE's burdens on a per subscriber basis become extremely onerous when compared to the burden placed upon Time Warner who can spread such costs over its 40,000 subscribers. GTE does not have any subscribers and must compete for every subscriber it obtains. It is unlikely that GTE will ever have more than one-half of Time Warner's current number of subscribers. In other ~ords, Time Warner simply does not have a legitimate level playing field complaint. This is not just the opinion of GTE, but 19 also the opinion of the City staff and their outside legal experts. 4. ~T~ right to renegotiate PEG support payment~. GTE does have a right to renegotiate PEG support payments after four years if we do not obtain at least 12,500 subscribers. This provision was agreed to because the City wanted GTE's PEG support obligation to be fixed, and not baaed upon a per subscriber amount (as argued for by GTE). If GTE i8 not successful in the marketplace, our obligation for PEG support will be grossly G\Je K tt~ 19p.(t.l 9GP9G9P .. 3--(l1 "lj J a 030 J f"l as:9(3 96/GG/SB ct~ Pamela Akin May 28, 1996 Page 11 disproportionate to our market share. Obviously, this is only an obligation to revisit the issue in four years, the City is under no obligation to actually agree to a lesser amount. The City does not have a corresponding ability to negotiate for higher payments from GTE if we are more successful than planned, but the chances of GTE obtaining more than half of Time Warner's customers within a similar period were considered extremely low. Also, the City has the ability to pay over some or all of GTE's payments to Time Warner to rectify any perceived inequalities in such an event. The City will be able to balance GTE's obligations at the end of the ahort ten year franchise term when GTE seeks its renewal. Based on the foregoing reasons, the City did not feel it was necessary to require a reopener of PEG support if GTE was more successful than contemplated. 5. Ijme Wa~er local originatipn programmin9. As mentioned above, any programming developed by Time Warner using public access facilities or being broadcast on public accesS channels, is public programming that should be made available to all cable sUbscribers, regardless of their cable operator. These are facilities and channels dedicated for the public benefit and use, not for Time Warner's private programming offering. If Time Warner's local origination obligation is eliminated as contemplated, and/or Time Warner develops and owns their own programming and broadcasts it on their own channel, they will have and should have every legal right under intellectual property laws to withhold such programming from other cable operators. 6. Tim~ Warner provision of I-Net. According to the City staff, Vision Cable expended approximately $15.000 to provide an I-Net to the City. The costs associated with this I-Net were long ago recovered from the citizens of Clearwater. Time Warner's only obligation with respect to the I-net on a going-forward basis is maintenance. The City staff estimates that the cost of providing such maintenance is very low and is more than matched by GTE in its up front grant of $50,000 to be used to reimburse the City for negotiation costs and any other lawful purpose. Hopefully, this information is helpful and you can use it to brief your Commissioners on any level playing field issues they may have. We intend to use it for any briefings we are Able to arrange. If you have any other information you think might be helpful, or if you tnink that anything in this letter might be inaccurate or misleading, please let me know as soon as possible. t9~.ON geV9C9~ ~ 3NOl ~IQ 03a1~ tS:90 %/~/~ Pamela Akin May 28, 199'; Page 12 The proposed GTE ordinance is fair and satisfies all level playing field requirements. I know that the City staff shares that opinion. It is our hope that the Commissioners can also gain a sufficient level of confidence so that the ordinance can be approved on June 6th and June 20th. GTE has negotiated in good faith and has agreed to virtually every request made by the City with only minor modifications. The City staff and outside experts have given their opinions that the proposed GTE ordinance satisfies all legal and level playing field requirements. From our standpoint, there is no reasonable basis for not approving the proposed franchise ordinance. Each day without approval costa GTE more than $15,000 (plus lost revenue) and represents another day during which your citizens are denied the benefits of competition. Thank you for all of your help and support. Best regards, :;f &'\~ Id L. Edgar c: Norman Sinel Kathy Rice Jeff Harper " (:jve(Z ~tfl t9~.~ 9C~ .. 3'nl "l:j I a 03:1 J () zs:ge 96/GG/S0 ~_...___..____~____ ___4_ _ _. ._.... .r J ~ ..r ~ ...., c CD E CD e C) <( CD ftS .! E .c E (.) :::s CtJ) l! u.C o Q).- -.... .eftS ca.2 oca In > Cl)W 3~ ....0 c CD Q) ~ >0 ca 0 .- - -C CD :as W l- e!) C'CS -a c c C'CS cu ... c .. C) c .- G) .21 c Q) +I'" C .- .Q CJ -= CD -C E ca ... E .a::s +I ca. .., U CJ 0 .c ~ c C'" ~ .- .5 ,,0) ~ C) ~ c .- c J!l co ~ ns " '2 c - .... c ~ .- eI) ~ C1) Q) .- E E.- C Q) U'" ...., C1) ! .... CD eI) c.c .- ..... ~.. .., ...&....II CD ~.::==-"Q) -" .~ CD c.c ~ c:::' CG '" eftS.., .- Q) i: .- ~ ..., c -= .- en en u c'" .- 'v ::s........ C c CD CD en .!:! CT J!l C1) ~ E c........ 1:!c-eQ) CD;" CD ... 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Still negotiating thi$ ~em with T /W Will serve Clearwater Marina thru a wholesale agreement. Will provide one outlet to Harborview center. 15 years More in Une with current procedures. Still negotiaing this item R~ -II 5% Must get COy Approval Included in $50,000 grant Will provide service to downtown As noted. 10 years Standards set at the level that the Ci1y requested. PEG T /W will continue the same Public Access support as today. If they negotiate an agreement with the County that Is acceptable to us or that does not substantially change that support. The county language will apply If not we will renegotiate. T fW will allow interconnection at GTE's expense. This language to be negotiated. Grant of $100.000 for equipment for Government Access for year one and $75,000 in Year 7 9 hours of support per week and the use of the van or a cash payment agreed to in franchise language. City will pay T {W any of the remainder of the PEG monies paid by GTE at the end of the year not used by the City to enhance PEG or otherwise negotiated in Mure negotiations. State of the Art Will meet state of the Art provisions as long as there is no competition. 1Z~::11 Will be required to carry. Will renegotiate in 4 years after the county franchise Is negotiated. Grant of $67.QOC) the first year and $50.000 in year 7. Graduated Payments totaling $850,000 over 10 years. Will meet state of the Art Service for the term of the franchise. " ~. ~.1-1 Item # 12 f //1)7 " '{ .f:. '- . , ._ I '_____.___~~. .",_~__.'";' ~' :.........._...... :,'~ --....~ ~.- .: ., .,' . .. - C(J,!\ Clearwater City Commission Agenda Cover Memorandum \ .~ Item # O\Mecting Date: SUBJECT: Petition for Future Land Use Plan Amendment and Zoning Atlas Amendment for 401 South Belcher Road; Owner: Gerry Staring/Natalie Moyles, Trustee (2 96-02 & LUP 96-01) RECOMMEN DATION/MOTION: Approve the Petition for Future Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to General Commercial (CG) for M & B 23-11 in Section 18-29S-16E, and pass Ordinances No. 5989-96 and 5990-96 on first reading. [J and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED REZONING AND LAND USE PLAN AMENDMENT PROPOSED ZONING DISTRICT PROPOSED FUTURE LAND USE CLASSIFICATION General Commercial (CG) Commercial General ~ This item was continued at the request of the applicant from April 18, 1996 to enable the applicant to provide staff with an evidence that the Mobile Home Park (MHP) residents likely to be affected in this rezoning have been notified in accordance with statutory requirements, and that the applicant has relocation plans available for these residents. The applicant has complied accordingly per his letters of March 26, 1996 and April 15, 1996 which are attached. Staff has received six letters of objection from the MHP residents which are also enclosed. ~ State resident relocation requirements have been met as the applicant has notified all residents within the park of the amendment and has identified alternatives for relocation. ~ The applicant wishes to rezone an existing 36 unit Mobile Home Park located approximately 1 60 feet north of Gulf-to-Bay Boulevard and east of Belcher Road. This is an area in the City that is Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Total Commission Action: o Approved o Approved w/conditions o Denied o Continued to: N/A N/A N/A N/A N/A Originating Dept: CENTRAL PERMITTING Costs: $ N/A User Dept: $ Current Fiscal Yr. slbni tted by: City Manager Advertised: Date: 4/2/96 & 4/11/96 Paper: TAMPA TRIBUNE o Not Requi red Affccted Parties ~ Not i f i ed o Not Requi red FLniing Source: o Capital Imp. o Operating o Other Attachments: ORDINANCES NO. 5989-96 & 5990-96 LOCATION MAP APPLICATION Appropriation code: o None o Printed on recycled paper' Z 96-02 & LUP 96-01 Page 2 now developed and is appropriate to be redeveloped in a manner to provide community and countywide commercial goods and services. The areas to the north, south and west of the subject property are characterized by mostly commercial uses, with a medium density residential use to the east. The subject property is presently zoned Mobile Home Park (RMH) and has a Land Use Plan Classification of Residential Medium. It is proposed to rezone the property General Commercial (CG). .. The applicant is requesting a zoning change in order to allow a commercial type of development not yet specified which will be compatible with the adjoining properties in the area. .. The Future Land Use Plan Classification of Residential Medium would be changed to Commercial General to conform with the Countywide Future Land Use Plan classification on adjoining properties to the north, south and west of this property. .. The properties to the immediate north of the property are in the County and have a Land Use Plan Classification of General Commercial and a County zoning of Commercial, General Retail and Limited Services. The properties to the west and south that are in the City have a Land Use Plan Classification of Commercial General and a zoning of General Commercial (CG). The request to rezone this portion of land to CG would be consistent with the surrounding land use patterns and in character with the neighborhood, considering the existing commercial facilities in the area. The area is in proximity to and with good access to major transportation facilities, including mass transit. .. The proposed rezoning will promote infill development and will foster a consolidated commercial corridor for full spectrum of commercial uses within the area. .. Pertinent information concerning the request is summarized in the table below and on page 3. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCATION OR FUTURE LAND USE ZONING ACTUAL USE COUNTY PLAN CATEGORY Subject City Residential Medium RMH Mobile Home Park Property North County Commercial General C-2 Commercial, general retails & limited services South City Commercial General CG Commercial general East City Residential Medium RMH Mobile Home Park West City Commercial General CG Commercial general Z 96-02 & LUP 96-01 Page 3 ZONING RESTRICTIONS DESCRIPTION . '" .. '" . .. ".. ,'"',"",,.,, CG ' ',","".,'.."..,','" !.HkE().UIRgME~J-r$:::. REQUI:~ENTS EXISTING .." .., . ",. ........ ,,,... . ........ .. ,........... ........<,.....;,.';.........;. '. . .... . . . ....,.. .. . . . . . . . . . . . . . . Lot Area .' ............. ", ...,... ....,.. . ....... '" .. :,g~::y~,R~~~,l~Q:,.,',:,.::.:,:,:-.::,:::::, 9.5 u. p . a fo r i,99t@~Zm9t~l:::q;Qn~:;:;,:::;r:'::' mobile home pa rk 10 acres min. for mobile home park area 13,500 sq. ft. min. for mobile home lot 200 ft. min. for mobile home park width/36 ft. for mobile home lot N/A Density 88,862 sq. ft. m.o.1 Lot Width at setback line N/A Depth Floor Area Rati 0 .. ........ .......... '" ...., .... ...................-........,:............'....,............. ...... .,::;i:l'.llj:;:I~::;:'ml,oJm:g:m':..j,'::.::':;,;! NI A .... ....".....".. ............ ........ ........ . .......................:.'............................,.............,.....,'.'.-....,...,..'.....'.'....,.,....',.,.,..... .......,.....,....,. . ....,........... ..,.....",.....,.,.,. [ll~ll..'I~l!ill,~~lllilJl'ill~lill NI A N/A N/A .. The Planning and Zoning Board held a public hearing on this application on April 16, 1996 after which they unanimously endorsed the proposed Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to General Commercial (CG) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES X X NO Pinellas Planning Council/Countywide Planning Authority Florida Department of Community Affairs ABBREVIA TIONS: RHM Mobile Home Park (City) C-2 Commercial, General Retail & Limited Services (County) CG Commercial General (City) Z9602.cc ORDI~ANCE NO. 5989-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING FINDINGS; AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTH OF GULF-TO-BAY BLVD" CONSISTING OF M&B 23-11, SECTION 18 TOWNSHIP 29S, RANGE 16E, WHOSE POST OFFICE ADDRESS IS 401 SOUTH BELCHER ROAD, FROM RESIDENTIAL-MOBILE HOME TO GENERAL COMMERCIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Clearwater hereby finds that the provisions of Florida Statutes Section 723.083 (1995) have been met in that adequate mobile home parks or other suitable facilities exist for the relocation of mobile home owners currently present on the subject property; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 ~ The above recitals are hereby adopted as Findings. Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See Exhibit A attached. (Z96-02) Zoning District From: Residential-Mobile Home Park To: General Commercial Section 3. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. 1 Ordinance No. 5989.96 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Rita Garvey Mayor~Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 5989-98 , :\. , QRDlNANGE NO. 5990-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING FINDINGS; AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED NORTH OF GULF TO BAY BOULEVARD, CONSISTING OF, M&B 23-11, SECTION 18, TOWNSHIP 29S, RANGE 16E FROM RESIDENTIAL MEDIUM TO GENERAL COMMERCIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Clearwater hereby finds that the provisions of Florida Statutes Section 723.083 (1995) have been met in that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners currently present on the subject property; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The above recitals are hereby adopted as Findings. Section 2. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See Exhibit A attached. (LUP96-01) Land Use Category From: Residential Medium To: General Commercial Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No. 5990-96 Rita Garvey, Mayor-Commissioner Approved as to form and leg.al sufficiency: Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 5990.96 .:J..:o::-::.. LEGAL DESCRIPTION That parcel of land lying and being in the County of Pinellas, in the State of Florida, more particularly described as follows: The South 550 feet of the West 1/2 of the West 1/2 of the SW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, the West 33 feet of said parcel being subject to rights of public in that certain thoroughfare or highway known as Belcher Road and the South 50 feet of said parcel being subject to rights of public in that certain thoroughfare or highway known as Gulf to Bay Boulevard. LESS THE FOLLOWING PORTIONS THEREOF: Begin at the SW comer of the NW 1/4 of Section 18, Township 29 South, Range 16 East, run thence N 00008'02" W.. along the center line of Belcher Road, 50 feet; thence S 89040'55" E. . along the North right-of-way line of Gulf to Bay Boulevard, 167.79 feet for a point of beginning; thence North 00000'24" W.. 150 feet; thence S 89040'55" E, 150 feet; thence S 00000'24" E., 150 feet; thence N 89040'55" W., along the North right-of-way line of Gulf to Bay Boulevard, 150 feet to the point of beginning, less and except existing right-of-way. The West 168 feet of the South 200 feet of the West 1/2 of the West 1/2 of the SW 1/4 of the NW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, less and except existing road rights-of-way; and ~ The west 98 feet of the North 30 feet of the South 230 feet of the West 1/2 of the West 1/2 of the SW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, less and except existing right-of-way. Exhibit A to Ordinance Ordinance No. 6990-96 . . ~~"'. '. . ',' .~ ':,:, :' ',., ,I . J' ~,:',' ~ <~ :',~i:~-~~~:-"l~-~~r-;,l, J\ '\)\j '011 "-- -, - -~ ~i 2~ ; " ~ ~ 1 ~I ~ I ~l~ 1~ 2Je 235 L:i i211 21? 2.3/03 ... ", ~~B~ 234 233 .... I I :1 f- 1 1353 133 ~ ". .. ~ 23/02 ~1 131 232 231 ~ I .-rA ~ ~4e 14 I 344J i 217.. .. 9 ~ " f- ~ 121 230 22Sl 330 '-r, 'iI 14~ 244 2~ I~ - 218 219 i ~ 127 228 %21 328 ~ ", ] b ., 2J 1~ 24-4 2~ I :~ :,e7. ~ ?0- M m 32e 518 ~17 i ..i .- 24 .~ i I ... 2.2J ~"a j i '~ 324 .. 13S 24C 14(02 '" 2:3/07 34' 1%1 222 221 m saI_ I C E ~ ~~p u. 1~ .De 111 220 210 320 870_ ft ,.. . ~.. .. '(17 21a~ 318 ita 520; w .f ,n --- 217 L :J . ~ ~ 11~ en If. I 131 i~ 231 216 21S 318 I '. 5SO 549..' _I 7. 'U:L ~ \.~ 872_ 113 %13 314 9 DRIVE "- i i< 125 23( .- ~ ' ' I~ I .... - 1n .== 312 813 IllI " M 81 32! ~ 211 I ~. . 14/"/ zmDKT Ie mmln: . 101 I~\ 20i 310 12S 22e m. e14~ I c' BT-et ... , 113 m ~ 107 ~. 308 ~75..1 I .. .. , 22. 32~ 207 ~I S52 r.l'. To!. . 121 :~ HI ut- 323 105 20S ~ 306 577j 610.!llt i r:'1 II 8'7-1" >>4 ...1'1 30.". ;: no 21 m. 103 204 203 304 -57i ~. .... IH - WIll 9 !qj'!lI!! lt7 2l! 21731e - 14/07 ~ 101 202 201 302 6()g l.....Il. I !. IN I,(.~ ~ al &' . 115 2U! 21~ 318 317 ~'- a - gl ~12 ~I ~ 60S f:,! ~ '\ 113 21~ 21:!1314 m. -~ '.- 2.3/20 '" 14/05 I' ~ = .....,~ .... .Jl!. ~ ~ 313 4 , . ~II :: .. 210 .., 311 CG .\ eo ~ -- 208 0 3 CJI - 308 ,.. - _ 20i .., " " 23/14 7 5 Z .., 23/18 ... ~ ~ 305 COt N 14/05 1m3 204 1 Z I 202 303 I 10 I DtIO .~ I flOCa. w1 301 .1 I i I I ~ f -- SJL -. S i I Itu, I "11'I BAY 1'-\0 I' .' ", -.to'. CIII 7 -- - aw \8 4m-,m 10 BAY 1Lw.. ~ ) '- .0172....,_ lY I l t;;-i~ ~ I . ,- .V ~ " . if' .. 32/04 3ZI\U CG ml tal - - 401 ~ 301 - 2IDI r~ lJGI A tal - IClI: - m ::lnJ - 52/02 J- ~: ICI7 ,!\OS 11M - .. tOI * r ... .. - tell - ~ JCa .. - ,. :lea .t ~.:..... KlI 12! - ------ "' 8117 1:_ - .. 3111 - wu-- I u-~A Y ., - .., .. n' au 5ce lItO ... 110 - -am . PlAZA ffi ffi : "S an a .." -I 311 JUm 32/OS - -- --. - PROPOSED REZONING AND LAND USE PLAN AMENDMENT J OWNER: Gerry Staring, Tr ADDRESS: 401 S Belcher Ad LAND USE PlAN FROM: Residential Medium TO: Commercial General ZONING RMH CG z: 9~-o2 and LUP: 96-01 PROPERTY DESCRIPTlON,: M&B 23-11 : RIGHT-of-WAY: ACRES: 2.04 ACRES: ATLAS PAGE: 290A PLANNING AND ZONING BOARD SEe: 18 TWP: 29 S RGE: 16 E CITY COMMISSION .. . '.' -.- ----:-- --.- - - -_._-,- ;. .., :..' .".' : ' . Address:c/o Thonas C. Nash, II, Esouire P. O. Box 1669, Clearwater, FL 34617 Representative (if any): rrH()M~C:: ~ NJ\.qH. TT . Phone: ( 441-8966 CITY OF eLE' NATER ZONING ATLAS AMENDMEW 'f;'UCATION Name of Property Owner(~ALIE MJYLES f. as Trustee of the Twin Palms Land Trust Phone: ( ) 441-Rqhh Legal Description of Property (Subject of Request): see attached Exhibit A for legal o. ...'", . .' ., - .,~ ',;; 4:: ~.~.~~.. .. ::~. '. ~ "'-:' General Location: corner of Gulf to Bay Blvd. and Belcher Road Acreage: 2 . 6 acres MJL Present Zoning District: resident:ial-rrnbile Requested Zoning District: ~ll'TTErical general horre Clearwater Comprehensive Land Use Plan Classification: re sidential-!. medium' Pinellas County Comprehensive land Use Plan Classification: residential - nedium Reason for .Request: so as to allow a use which is compatible ~th surrounninq properties. Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification? Yes No x NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required to fife a corresponding application to amend the Land Use Plan. Is the requested Zoning Distric:r in conformance with the PinelJas County Comprehensive Land Use Plan? Yes No x List any other pertinent information submitted: Signature: ~~~ *!ci ~4a:~~e: 3/14/96 By Thomas C. Nash, P.O.A. Revie~d by: m;quEsTEU CLEARWATEn co~pnEIlENSl VB L.AND USE PL.^H CLASS I Fl CAT ION comrercial general ---r-- LMW USE PLAN MIEH1HIEIIT -"lrpCATIOH O^TE____________~--- _ UAm: or 1'1I0P&IlTY OWHtH(S:PlAT!T,m ~yg:.~, as_~~~~_~~_~_:iE~~Land TrUf ADDI\ESS c/o Tl'omas C. Nash, II, Esquire P/lONE 441-8966 --P:--O. Box-rb~,--a:earwam , -n;~f7--- ----------- 1tF.1'II~S[;NUTIVE (I F M1Y) ~C, ~c;B, TT ___________ ^ODnt::SS__...E. O. Eo_~ 16~ Cle~te;.L_FL__.l.i~rL..___(lIlONr...J41=~966____ LE01ll. OEsen 1 PT ION OF JlIlOrEIlTY (SO DJ EeT OF n EQUEST) __________~__ see attached Exhibit A for legal ---------------------------------------------------------------. GENERAL LOCATIOH corner of Gulf to Bay Blvd. and Belcher Poad . .. -- ---------- ..------- ------ ------------------------------------------ -------- ------------------- ^CnE^GE_~6 acres M:>L ___________________ PRESENT ZONING DISTnlC.r-.J:e.Sident.ia=.....IIObile ~ _________ nEquEsTED ZONING DISTIlICT__oo~cial qenefal_________~______________ Note: ^ SCI1ILute l\Jll,lJ.catioll is required if till! ~ol\ll\g dlsttlct Is . proposed to be Changed. PltESEHT CLEAnWATER CO~,pnEllF;HSlVE LAND USE PLM' CLASSIfICATION __--.msi9!IDtia1 ,:-trediurn '_________ REMON FOn n~Q\JEST ~..9.LtQ.J!1l.9.ii.s- use which_is _coJll)atibl~_ with ~~~ding properties~ ________ __________. rtHELLAS COUt-ITY CO.'PllEIIEHSIVE LMIO US!:: PLM'l CLM31FIChTIOH residential - nobile hone -- -------------------------- .15 TII~ REqUESTED L,.,llD USE C/\TEGOn'i IH CONrOnlW~CE IHTII TilE P1NE:LLhS COUNTY LhND USB PLAN CLASSIFICATION? YES 'NO X I ---- --- Hote: . County Land Use PInn aroe"dme"ts requIre the approval or the Plnel1ns County Plnnl\ing Council and the Stale or Florida (Chapter 163 f.S.). . Stnte Gro".th Mnl\A.g{lrnent t,ealsIntio" limits 1101\1 IIl>proval ;;.;~"d u.. r I." .m."d~"~. :' . b eA Cl', Comiiiriiro" '0 "'e. . ~~~~~ f0'1/-th-/M: Natalie l-tJyles, as Trustee of The 'lWm Palms Land Trust By: Tl'oma.s C. Nash, POA Revie\ooed by: \ \" U '\j j' -v .. ] j :J - I~ - 2 I to ---- .. - - 111 ---.. ~- -:sos tG7~ t_ - - - "' em "3 !lOI M 5" OWNER: ADDRESS: FRO M: TO: 13S 238 a 133 23 337 . ..-...... ~ 131 23:! 4,.#1 _ r-- 7_ lJ:.I 1333 121 23C 1_- 1331 :;;..., -.: M 811 _ ~~ ~ 1 1327 , 1~ 2Z~ 223132~ IE! " . 121 22: He M" 1323 - ~,;. - ni 22C 2Uil 3 1>>1 I; e l~!t!~ 117 211l - 21' 31! ~ 101 202 ., i A' rJN~ . 11!! 211! 21!l1318 317 . ~ - .;. 11~ 214 21~1314 ~ 818 ~ _C' ~I I fa ~~ '":1 mt - - - - , " ... ~ - "...., ~t ... 212 ~ ~ 313 I'F:~ ~Jir!l=t= ~ PI 311 110 1M ' ::J,,;J:: 20S .... 0 ~ ;; 30D I ~'3- ]E ~~ 305 ,~ 2.D2 -al 303 S1j:lO . ~ j -;- );r!j 301 f - i a ~ __I, ....:.' . a' . GULF 10 BAY -. .11ft . -- A 1 :I i .. i 14/01 14/02 Q Ii ~~p . UHfYt: , .. '4/04 / / ..... " BBDRr II 87-& .. r.p. 'l'.8. 81-17 14/07 i ~, ::I r- i lit 1 4/0~ 1.\ ,4/De ,,\0 } ( :1R. ~. \8 '\ Q1n-IZSZ -- ..- _ 4CII ClOD filii Ita 4CII In "' r- - -- ~ ~ -- ....-. ...~-- 610 3118,1-. ...1 311 m an ... --- ,.I, - 152 :; ~J:n ~I 0 13-' 238 ~EJ~-~ ~ - , - 133 234 !!:! 23/02 ~ 131 2J2 148 14 34i - r-- 1251 230 14~ 20M 24~ I~ ;;- 127 2m 141 24<4 2'" . iZ '-'I -- 24' II iiM .; 1:S~ 24Cl \C:>>E 341 1%1 222 ~~,~ : Iii/.'. '1_ TO t" i r.,. .y rl/03 1CII_ .. A ~~ uuu--I O'-~A y - PlAZA 32/O~ I ~/C1J ", '11 220 ,17 218 "~ 215 113 \l: 111~ 101:::t ' ..... '07~ 10:5 205 1 Q3 2Q4. ~ IGI .., "'... 235/Z - 233~ 231';:: 22Sl33C) m 328 2.2-' 328 223 324 221 322 21i 320 217 318 21~ :Sle 213 314 211 312 209 310 2fJ7 308 = JOG 203 J04 1201~ S 4 !OS _ -. :107 tal to7_ ffi~ : PROPOSED REZONING AND LAND USE PLAN AMENDMENT Gerry Staring, Tr 401 S Belcher Rd LAND USE PlAN Residential Medium Commercial General ZONING RMH CG ATlAS PAGE: 290A PLANNING AND ZONING BOARD ,.. =." ~~ ..~ .-- i ~~ '-iiI e .... 'J:J/~ ~ JIM a M 'D/07 as ..' -. :..: ., ". .- ~ :;: " ,f. I- ;o.:C'.. IitN i 51 /enz~.. B .. 32{04- - z: 96-02 and LUP: 96-01 PROPERTY DESCRIPTION: M&B 23-11 21~ 21 2 4 2~;- i ,I II ,& I it. 10 t: ! 217~ 218 = ..... ~ t(JI 219 ~7.. ~ I 51~ 517 ~ea". 00( L..3. J ~St JlIe a Sl 570 _ 52 Oft 519 ll. 571 1- Iffll ~ .. - 5SO 549.1 91 572_ 573. a 574~ 5 =1 ~7' 3IDt I ~S" 552"1 C [':'1 T. 610 __ is 576 5~ ., .. ... 608 r....... ~'\. ~ 60S ~7! ~/20 ~ " ~ 23/18 at " '" N i lAY -- i I BLW aw. 201 1= \Y CG "/~ 32/02 IlIfi 'for t; 1m '01 _ 11D In ACRES: RIGHT-of-WAY: ACRES: SEe: 18 TWP: 29 S RGE: 16 E CITY COMMISSION 2.04 813-442-8470 ~lACFRRLANE AUSLEY 742 P02 APR 15 '96 13:47 MA.CF.ARLANE AUSLEY FERGUSON & McMuLLEN A"I"'rORNE:YS ANt:) COUNSELORS AT LAW "00 CLEVEL^NO STREET &27 SOUTH CALHOUN e1'Fn:C:T P.O. BOX 3e. (ZIP ~e~o.!1 T....."'^~M&EE:. FI..ORIO^ 3il30' (Q0.4, ZZA.QlllS FAX (~12il2'7~60 '1. Q, 1Il0X 1 e:&9 (ZIP :'4-:'1:r I CL.E:...Rw....'l'eQ. ~l..~lllIC... ;J.OICl (61314.AI.e9d6 F"M (al~14At:-047Q III 'oI"'C11$ON STREET. GUITE .11.300 1t.0. .OX ll!i311ZIP 336011 T......IPA. 'I.~R'C'" 33602 18131 il7304200 FAX (AI:!I l:; 73.c1 396 April 15, 1996 IN REPL.V REFER TO, tlearwater Mr. Etim Udoh Assoc. Planner City of Clearwater P. O. Box 4748 Clearwater, FL 34618 VIA FAX TRANSMISSION Re: Twin Palms Mobile Home Park ;Rezoning Dear Etim: I am in receipt of your letter of April 12, 1996 relating to the above-referenced matter. For the information of your staff, we have determined that numerous other mobile home parks are available for the relocation of the residents of Twin Palms. The names of the parks and the number of currently available sites are as follows: Boulevard Mobile Home Park, 2266 Gulf to Bay, Clearwater, FL 33625 4 siteS available (Rent $286.00 per month) Westshore Mobile Home Park, 2105 Gandy Boulevard, Tampa, FL 6 or 10 sites available (Rent $210.00 per month) Hillcrest Mobile Home Park, 2346 Druid Road, Clearwater, FL 4 sites available (Rent $294.00 per month) Satellite Mobile Home Village, 6250 Roosevelt Blvd.. Clearwater, FL S sites available (Rent $254.00 per month) Clearwater Trailer City, 1650 Clearwater Largo Rd., Clearwater, FL 2 sites available (Rent $190.00 per month) Crystal Lake Mobile Resort, 9301 49th St. N., PineUas Park, FL 4 sites available (Rent $240.000 per month) New Ranth, 2291 Gulf to Bay Blvd., Clearwater, FL 3 sites available (Rent $215.00 per month) 813-442-8470 MACFARLANE AUSLEY 742 P03 APR 15 '96 13:47 AVril 15, 1996 Page 2 Of the total number of residents in the park, only 8 are mobile home "owners" pursuant to Florida Statute 723.003(5). We have had preliminary discussions with a number of these unit owners concerning how we will handle their relocation pursuant to Florida Statute 723.061(d). Our tentative plan is to purchase the majority of the units based on the formula set forth in the statute. If there are individuals who do not wish their units purchased, we will pay to have the units relocated as called for in the statute. I hope this letter is responsive to your recent inquiry and please call me if you have any questions or need further information. TCN/skb cc: Client ':;::,'::;::::--'''~:,: ~: ',~-'i;.~~t.~)-!~~':'~;:t; \::~, r{ r,.'. \. ,~"..J 'i'Y t ~.) i ,1 \~; 'I I'l, I ~ f\ "noll, ~ r ~]l \.~G ci :J r~ \' ~ \ ~, (J~,~ t~?:l ';1.,.~ ~~l 1\ l~~ ". fi~ ~ ." APR 1 5 1996 ~,,:,J CENTnAL p~R~~~rrTI!\~G Grey OF CLE0.~~~:EL AmTCMMOYLES\CITY,L TR ,.... = I \C =" =- ';:J ~ ~ N = ~ ~ . o Z riIil CI.)> <~ u,.. Z~ 0'" ,..~ ~~ ~~ t< =-~ <u C?~ ~r7J Zr-l O~ NO ~: =-= ~= ~O O~ = ~ ~ ,.. = o ~ (/j ~ ~ ~ J 1'1 , :., I ' " -a fa - - ~ c: ~' 0 ~ .... :,' -e --", ':1 ~' u ,,"..:S' ~ ,,:~:: , , . . . . :,:",}:",:': ........ii ,:': :: ,::: -:", 1 1 ~~ ~ ~ 9 ~ ..r: to ..r: C"I) _ C"I) ".' "" ,,:::':I(':;'} (!:II, },'~:::::~':: ,',:,s'.,",:' t::::s:;:::;:',/t ::::'7::::'::.'::::::::: ,:r:;::)\::::::,:i::!:' :.:.;.::.;.:.:.:.:.:.:.;.:-:-:.;-: .:-:.;...;.;.;.::-:.:.>.,.-:.": ............,.....'. ... 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C1) =- ~U ... ~ . a~ c- =CQ ~ ~ =~ ..c Cl 0 :ac:: - ~ ::s :5!O ~V') ~\O llIS- ~N "0 a - o o ~ ] o 0 o ~ 1-4 (I,) c: 8 o :s .- ..r: B ~ rn t) 9 ~~ \0 tr'l \0 N fA ~ .. CIS ~ ~ 1-4 ~ ~ =: ~ - C1) .. - iU ~ '" t:~ .sZ sO'\ c- Uczi e::5 ~O'\ -=r--- ...."'I:t =~ ~N c: o .- 10 ~ u 4) 1-4 ""d fa -re o 0 o 0 ~ ~ N <:> t<.. N fA ~ "'" CIS 4) ~! a 4) Cl_ =u ~ '" - ~ .- Cl:S oCc::Q Cl ~.s "C~ ...:; =0 ~ ~\O -\0 =N c~ = _'" 0 0"0 o c:: c.,.:S t..s "0- (1,)""'0 ~ a ..c::""'O ara rn 0 ::S..c o CIJ :ES :s :s -..= U rn N - v \0 00 N (A- ~ 0\ N EA ~ "'" .E ~ ~ a~ =u = .. ~"O _ t..s .... 0 .c~ =-a ~ .- .... 2 flO "\.0 ~"'I:t :=M =N MACFARLANE AUSLEY FERGUSON & McMULLEN ATTORNE:YS AND COUNSE:LORS AT LAW 2Z7 SOUTH CALHOUN STREET P.O. BOX 3lJ' CZIP 323021 TALLAHASSEE. FLORIDA 32301 (90<4' 22<4-911& FAX 1904' 2Z2.7580 400 CLEVELAND STREET p, O. BOX '669 (ZIP 3<4el71 CLEARWATER. FLOR'DA 34615 1813) 441.a966 FAX la'314<4Z.S<470 III MADISON STREET. SUITE Z300 P.O. BOX 153' (ZIP 336011 TAMPA. FLORIDA 33602 (813' 273~2oo FAX le'31 273~3lJe March 26, 1996 IN REPLY REFER TO: Clearwater Mr. Etim Udoh Assoc. Planner City of Clearwater P. O. Box 4748 Clearwater, FL 34618 VIA HAND DELIVERY Re: Natalie Moyles. as Trustee of the Twin Palms Land Trust Dear Etim: Pursuant to your request, this letter will confrrm that al) individuals owning mobile homes in the Twin Palms Mobile Home Park have beeii-notifiedthai~the application for zoning change now pending with the City of Clearwater pursuant to Florida Statute 723.081. All of these individuals were given written notice of the filing of the zoning application pursuant to statute. Please call me with any questions or if you need ~ything further upon receipt of this letter. .~~~!~~ CENTRAL PERMITTING CITY OF CLEARWATER Thomas C. Nash, IT TCN/skb H:\DA T A \A TY\TCN\MOYL.ES\CITY.L TR 401 S. Belcher Rd. Lot #127 Clearwater, Fl. 34625 April 12, 1996 City of Clearwater Central Permitting Department Attn: Mr. Etim Udoh P.O. Box 4748 Clearwater, Fl. 34618-4748 Dear Mr. Udohi " I object to the rezoning of Twin Palms Trailer Park. This has been my residence for over three years. I am an unemployed single parent with a five year old son and on assistance. I borrowed approximately $7,000 from my mother to purchase this home and fix it up so my son and I'would have a place to live. I have no where else to go. This home cannot be moved and I do not have any financial resources to be able to move. I sti11 have to pay my moth~r back the money she lent me. This is a very good residential area, qrose to any shopping, right next to the bus stop. The owner#:has brought in several nice, used mobile homes and is.(ixing t~m up as rentals. I am very h~ppy wi th the park, it is a gOOd place'~ho raise my son wi th other children for him to play with. The~e is a live-in park manager who takes care of any problems when they arise. Please keep me advising of what is going on with this sutuation. ", , Sincerely; '~il)l~ Veronica Mayne cc: Mayor Rita Garvey Mr. Don Hazelton, District 2B President, FMO 1~~~~~6~W CENTRAL PERMITTING CITY OF CLEARWATER ..' o l@mllW~~ APR 1 Z 1996 CENTRAL PERMITTING CITY OF CLEARWATER 401 s. Belcher Rd. Lot #120 Clearwater, Fl. 34625 April 9, 1996 t(Q)~V City of Clearwater Central Permitting Dept. Attn: Mr. Etim Udoh P.O. Box 4748 Clearwater, Fl. 34618-4748 Dear Mr. Udoh; I object to the rezoning of Twin Palms Trailer Park. I am 91 y~ars old and in very good health. This has been my home since 1982 and I enjoy this home and the independence it gives me. Several years ago, I had to share my 1l9me ,.wi th another person to share expenses due to inflation of ,~osts. Neither one of us can afford to move and this wo~ld be financial disaster to both ot us. This park is a perfectl~~siden~!al location with other parks around, one even adjoining us to fhe east.. I can ride my tricycle to get anything I need with the Post Office, Social Security Office, banks, stores, etc. all right here. The bus even stops on the corner. ,~ The owner has brought in many very nice, used mobile homes and is fixing them up into very nice rentals. He has also fixed up the trailers he has purchased from previous residents and rents them. The owner also has a live-in manager here in the park who takes care of any problems when they arise. I am very happy with this trailer park and want to continue living here. Please advise me of the date and time of the rezoning hearing so that I mivht attend. Very truly yours, EL, a.ktt:;J3 <<i<~;v/ Elizabeth BAker cc: Maypr Rita Garvey Mr. Don Hazelton, District 2B President, FMO 401 S. Belcher Rd. Lot #129 Clearwater, Fl. 34625 March 31, 1996 (c(Q)fJY City of Clearwater Central Permitting Dept. Attn: Mr. Etim Udoh P.O. Box 4748 Clearwater, Fl. 34618-4748 Dear Mr. Udoh; My husband, Wendell, and I object to Twin Palms Trailer Park as this has 33 y~ars and all we have is in this over' $14,000 adding an attachment. loan on this home. the rezoning of been our home for over home. In 1982, we spent We still have a $8,700 ; It would be impossible to move ..our home. and we 1fi11 10se everytbing w~ have in it. We are very ha~py with ~he park. The owner has moved in five or six very nice, used trailers and is fixing them up and has also fixed up other trailers he has bought from previous owners. There is a live-in manager in the park who takes care of any problems that arrise immediately. This is a very good location to live with easy access to stores and right by the bus line. Boulevard II MHP adjoins to the east of us which is a very large mobile home park. This is an excellent residential area. Please advise when the hearing date and time will be. Thank you. Yours truly, -/ l~;! Madelene L. Casper cc: Mayor Rita Garvey Mr. Don Hazelton, District 2B President, I~~~~~~rm CENTRAL PERMlrrlNG CITY OF CLEARWATER 401 S. Belcher RD. Lot #132 Clearwater, Fl. 34625 (CQ)~1r City of Clearwater Central Permitting Department Attn: Mr. Etim Udoh P.O. Box 4748 Clearwater, Fl. 34618-4748 \ i i . i i ! f I , I t I I I f l ! j l ! Dear Mr. Udoh: I object to the rezoning of Twin Palms Trailer Park. I have lived here over 11 years. Everything I have is tied up in this home. I cannot move this mobile home. I was out of work for some time which has been a real financial burden on me. I am now working as many hours as I can arid this location is' centrally located for me. I am'very happy with Twin Palms Trailer Park. The owner has a live -in manager here and is moving in sev~ral used, but very nice, trailers and is fixing up others~pe has bought from previous residents. This locat~on is a~. excellent residential location with other mobile hom~-parks right around'here, easy acicess to stores, the Post Office, Social Security Office, and the bus line. Please advise me when the rezoning hearing is to be held. , Don Gilmour cc: Mayor Rita Garvey Mr. Don Hazelton, District 2B President, FMO '. . ~~~~!~~ CENTRAL PERMITTING CITY OF CLEARWATER '-/ I ) (p ) qlo PZb~, 401 S. Belcher Rd. Lot #138 Clearwater, Fl. 34625 March 28, 1996 City of Clearwater Central Permitting Department Attn: Mr. Etim Odoh P.o. Box 4748 Clearwater, Fl. 34618-4748 ~(0'JgfYl \LJ) \(j) U U Dear Mr. Udoh: In the name of the Twin Palms MHO Association, we wish to object to the rezoning of Twin Palms Trailer Park because we fear that if this park is rezoned, there is a good chance that the park will be closed soon after. As none of our members can afford to move, this would be a dire hartship on everyone. .' The owner has a full-time, live-in manager here at Twin Palms who takes immediate action if anything needs done. The owner also has brought in several nice, used trailers, fixing them up as well as other trailers he purchased from previous owners/ residents. We are very happy with the way Twin Palms Trailer Park is improving. This is a very good living area for people with access to stores and bussing right by. Please notify us of the date and time of the rezoning hearing. Yours truly, Michael Munsel1, President Phone - 726-0434 Twin Palms MHO Association cc: Mayor Rita Garvey Mr. Don Hazelton, District 2B President, FMO I~~~~!~W CENTRAL PERMITTING CITY OF CLEARWATER . . - . . , . 9 Ie!). sf'?, g~TRAL PERMITTING OF CLEARWATER .. -. ,~xLu / ~~ .,;d;, ~ t4L~~t--iL . ' ~ ~ p~- (~.' U 401 s' ~f2i2~ .. - ~~L~~~f~ ~~ ~ ' .zg IJD ~.;r-0J'rv-.- C0 ~II~ · iL,.7c:' DJv.- L. ~ ~ .. i t1--e LL~ rh--~j) ~ ~~ftv.-~. J~ ~ rJfd~. ,.. ~1-oAu - ~ "k; -1-~ ~J~ luJ- pAt:tL T~ ~ -~ ~ --v--- ~J\.... 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U "0 -0 11"\ V"I E e c: .2 ~ (,) e "0 a ] .8 u ~ .c en 10 8 O\tt= ~.s ~c:: o EO IOfi -... ~ .. ~ " a o == " t :=... ~~ ~O rl~ - co :!c:o ~s 'E~ "0 ~~ ::IN c8N . , .. ' . I .,.., - . . . ....t Of" .,.. .... '._ .... .,1 ,f' "1 . . 'of ...,....,.... I','... '" . . ., tI ,,_ ... u -cI '0 VI VI ] ] .8 u IE ::l ij 1 1 ..c J~ 1 .g 9 ~ o ~ s: .?;> .~ :L. E e c:: .2 ~ ~ ..,. ~ - ..,. 0\ M ~ c: ~ C,) C,) ,..,. 8 cl:: .5 M tlIl c,) ""'r::> 'C 0 ~E e~ o ..... M ~ U \O~ ~.s ""'c: o EO \0 c: _t! .:l: ... .:( ~~j ,,~~ -: H -=E s - ~ . o U =~ = 1 0 .!!~ ~ ~ :s t o O.c: ~:g ::s~ ~ d ~~ g~ ~~ ~~ ~;!. ~ ell Co u a o = ~~ ~ i ~D 1! ~ .:!~ r.:Jg "'213 -(,j t\O ~~ ~t;"" "'>"', ~e.:: /':2 ",. ~ t. ... ....... June 5, 1996 3:46 pm City Commission City of Clearwater Re: TWIN PALMS MOBILE HOME PARK Dear Commissioners: We have resolved our differences with the park owner of Twin Palms Mobile Home Park. Tharefore~ this letter is to inform you that the opposition to the rezoning of the ~lin Palms Trailer Park is now withdra.wn. ~ t:aJ3<- ~ - MICHAEL MUNSELL PRESIDENT, TWIN PALMS MHO ASSOCIATION ",J7",..:--.J P.,.,", ;., , L .,~. May 30, 1996 - . I i I I I I i I , I I f City of Clearwater City Commission P.O. Box 4748 Clearwater, FL 34618-4748 . 'F ~ t. Dear Commissioners, I am removing my objection to the rezoning of the Twin Palms MHP. Currently I am working with Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you for your interest in this matter. . Sincerely, / Madeline Casper 401 S. Belcher Rd. #129 Clearwater, FL 34625 , '~ ,. May 30, 1996 City of Clearwater City Commission P.O. Box 4748 Clearwater, FL 34618~4748 . 'F ~ f:. , ...... Dear Commissioners) I am removing my objection to the rezoning of the Twin Palms MHP. Currently I am working with Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you for your interest in this matter. Verollica Mayne 401 S. Belcher Rd. # 127 Clearwater, FL 34625 'fY/~ ! I I i 1 I I ~i i"~ ,i :;~: 'if . May 30, 1996 City of Clearwater City Commission P.o. Box 4748 Clearwater, FL 34618-4748 ", ~ t. A...... I am removing my objection to the rezoning of the Twin Palms MAP. Currently I am working with Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you for your interest in this matter. I I, , I t i I I I I I i 1 Dear Commissioners, Sincerely, Karen Jennings 401 S. Belcher Rd. #126 Clearwater, FL 34625 ... ~a.~ ".,~ } .. ~ , May 30, 1996 City of Clearwater City Commission P.O. Box 4748 Clearwater, FL 34618-4748 - yo . po -; ~:. I am removing my objection to the rezoning of the Twin Palms:MHP. Currently I am working With Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you for your interest in this matter. t I I I I Dear Commissioners, Mike Munsell 401 S. Belcher Rd. Lot 135 and 138 Clearwater, FL 34625 I I t I I I I I i I I I I . I I . I ; I \ I I i , .' -'- .'~ '.' ,. ',,' '.' . . " , " f " t I 1 I f I i See Agenda Drawings #12 6-6-96 I I 1 , I I f I , I I f I ! I i J ! i I I ~ . l I j I ! J , F //13 Cf3 Clearwater City Commission Agenda Cover Memorandum \'~ Item # Meeting Date: &. G.'1~ SUBJECT: ~ Petition for Zoning Atlas Amendment for Storz Ophthalmics, Inc., Park Place; Owner: Storz Ophthalmics, Inc./Del American Properties & Lecesse Development Corporation/Timothy A. Johnson, Jr. Esquire (Z 96-03) RECOMMENDA TI ON/MOTION: ~ Approve the Petition for Zoning Atlas Amendment to Residential Planned Development "Sixteen" (RPD-16) for Lots 2 and 3, less portion of Lot 2 which is zoned "Preservation", Storz Ophthalmics, Inc., Park Place Development of Regional Impact (DRI), and adopt Ordinance No. 6029-96 on second reading. ~ Approve the Final Site Plan for the Grand Reserve, subject to the final conditions listed on pages three and four. [] and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT PROPOSED ZONING DISTRICT Residential Planned Development "Sixteen" (RPD-16) Not Applicable PROPOSED FUTURE LAND USE CLASSIFICA TION ~ This request is for Residential Planned Development zoning for a 27 acre parcel in the Park Place Development of regional Impact (DR!) located between Gulf-to-Bay Boulevard and Drew Street just east of US 19. Under the proposal, 390 apartment units will be constructed. Because the property exceeds 25 acres, City Commission approval of the plan is required. Reviewed by: Legal N/A Budget N/A Purchasing N/A Risk Mgmt. N/A CIS N/A ACM Originating Dept: CENTRAL PERMITTING , -<.. :::; ..-' Costs: $ N/A Total User Dept: $ Current Fiscal Yr. commission Action: o Approved o Approved w/conditions o Denied o Continued to: SWnitted by: .- ~ City Manager ~ ~ Advertised: Date: Paper: TAMPA TRIBUNE o Not Requi red Affected Parties ~ Noti fied o Not Requi red FtRling Source: o Capital Imp. o Operati ng o Other Attachments: ORDINANCE NO. 6029-96 LOCATION MAP APPLICATION Appropriation Code: o None r. ,.... printed on r ecycled paper " "........ 1~'" K'''~:_~,~ ...--.---.-~-~.._.-....:... ~''''''- -', ',' J ,'_' ',' ".~~' :', . "'~ '_ i)Ii;; ,.., . Z 96-03 Page 2 . In our initial discussions concerning this project, staff established the following goals: 1 . Complete the construction of Park Place Blvd. between Drew Street and Gulf-to-Bay Boulevard. 2. Create a pedestrian environment th~:lt facilitated foot traffic between the various DRI uses and surrounding land uses including Clearwater Mall, the Drew-19 Shopping Center and Eisenhower Elementary School. 3. Protect and preserve important environmental features in the project. 4. Create a "high end rental" residential environment for which there is a strong market. . These goals have been met under the proposed site plan. Park Place Blvd. will be completed by the applicant prior to any certificates of occupancy (CO'S) for any of the apartment buildings. The proposed pedestrian design, including sidewalk construction, allows for an acceptable balance between access to surrounding uses and on-site security. The site environmental features will be preserved and augmented. The site design and type of construction proposed by the applicant signal an exclusive rental development of the award-winning Bayside Arbors variety. . Staff is particularly excited by the potential of this project to establish a "village" atmosphere for the park Place DRI. It offers the opportunity for a City resident to live, work, shop, attend school, and recreate in a relatively small area, all within walking distance. A mass transit "shop" will also be provided by the applicant. . No land use plan amendments are immediately needed pursuant to this development, but prior to the final CO'S for the project, the applicant will be required to submit requests for amending the land use plan to reflect the residential area being created and the preservation areas being more clearly defined. . The project is consistent with the development order for the Park Place DR!. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE ZONING ACTUAL USE OR PLAN CATEGORY COUNTY Subject City Residential/Office OG, CC & Vacant Property General P North City Residential High RM-16 Apartme nts/Man ufacturing South City Commercial General CC,CG Vacant & Office Retail East City Limited Office & RD, A-E, Residential & Mobile Home Park Residential Urban MHP West City Residential High, RM..24, CC Apartments, Water Tower & Office/Retail & P/SP Vacant ABBREVIATIONS: RM-16 =- Multiple-Family Residential" Sixteen" (City); RM-24 = Multiple-Family Residential "Twenty-Four" (City), P/SP ::: Public/Semi-Public (City); MHP = Mobile Home Park (City); CC ::::: Comolercial Conter (City); OG = General Commercial (City); P = Preservation (City); RD ::::: Residenlial Development (City); A-E = Agricultural Estate Residential (County); u.p.a. ::::: residential units per acre . ' ~_e\ .~ ~ :"1" :-._~~.. .... --.: --:-:- ""," ,""'...... ~'.. .., -,_ f".' Z 96-03 Page 3 .. The Planning and Zoning Board held a public hearing on this application on May 7, 1996 after \vhich they unanimously endorsed the proposed Zoning Atlas Amendment to Residential Planned Development "Sixteen" (RPD-16) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES X NO Development Review Committee (DRC) Pinellas Planning Council/Countywide Planning Authority Florida Department of Community Affairs X X .. The DRC recommends approval of the Final Site Plan, subject to the following comments/co nditions: A. Before the Site Plan can be certified, the applicant must complete the following action(s): 1. Show on the site plan the installation and maintenance of uniform traffic control devices at appropriate locations in accordance with the standards set forth by the Manual on Uniform Traffic Control Devices as adopted by the Florida Department of Transportation under Rule 14-115.010, Florida Administrative Code. 2. Show all pavement markings and signage on the site plan. 3. Show all striping, pavement markings, signage and traffic control devices on the site plan conforming to F.D.O.T. Standard Indices-1995 edition and F.A.C. 14-110 (no 4" striping is to be shown). 4. Add three additional landscaped islands in lieu of parking. 5. Add a note that advises that off-site street and roadway detail are provided for information only. B. Before the City can issue building permits, the applicant must complete the following actions: 1 . Obtain and furnish evidence of all applicable permits from other governmental agencies including but not limited to : a. SWFWMD permit to Clearwater Environmental Management; b. Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 foot Utility Easement over the proposed water mains up to and including meters, backflow prevention devices and hydrants. 2. Pay the sewer impact assessment fee, based on the size of the water meter with assistance in determining the fee from Central Permitting/Licensing Specialists. 3. Acquire clearing and grubbing and tree removal permits or a no tree verification form from Environmental Management. C. Before the City can issue a Certificate of Occupancy, the applicant must complete the following actions: 1 . Bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including ADA, and install sidewalk where none exists in the street right-of-way. 2. Have the City install backflow prevention devices at each building with the owner/applicant paying all applicable fees. 3. Furnish as-builts and an engineer's certification to Engineering Services. ," :.. . . -. --,. --,' " - , . .. 'I' , Z 96-03 Page 4 ~.~::' D. Complete the following actions as indicated: 1. Obtain the requisite building permits within one (1) year from the site plan certification date to prevent expiration of the site plan certification. 2. Obtain the requisite certificate(s) of occupancy within three (3) years of the site plan certification date to prevent expiration of the site plan certification. 3. Obtain review of and permits for signs and fencing/walls through separate review and permitting procedures. Z9603.cc ~~ . -- . ...--.-- ~...---- - - -.. \ ~ , .,. " , ,. J., CITY OF CLEARWATER ZONING ATlAS AMENDMENT APPUCATION " Name of PrORertY. Owner(s): STORZ OPHTIlALMICS, INC., a Delaware corporation C/O American Gyanamid Company Address: One Cyanamid Plaza Phone: ( 201-831-2422 Wayne, NJ 07470 Representative (if any): TIMOTHY A. JOHNSON. .TR.. F.~ClTTTRF. Phone: ( ) R 11-4'; 1 -1 R 18 Legal Des~iption of Property (Subject of Request): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. General Location: LOCATED WITHIN PARK PLACE DRI Acreage: APPROX. 27 ACRES LOT 2 - OG Present Zoning District: LOT 3 - OG and CC Requested Zoning District: RPD-16 LOT 2 - R/O/R and R/OG Clearwater Comprehensive land Use Plan Classification: LOT 3 - R/O /R and CG Pinellas County Comprehensive Land Use Plan Classification: ~~mp Reason for Request: SEE EXHIBIT liB" ATTACHED HERETO AND INCORPORATED HEREIN. . . ' Is the requested Zoning District in conformance with the Clearwater CENTRAL PERMITTING 1fJ\6Se.'Ai"ri,3Riss ication? Yes x No NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan? . Yes x No Ust any other pertinent information submitted: SEE EXHIBIT "B" ATTACHED HERETO ANn INCORPORATED HEREIN. Signature. Date: 4/3/96 REPRESENTATIVE Reviewed by: I , . I.'. ~ : ' '~, ~--_:., ,-~-~~------~----'---, -~--~- ~:"._--~--~,~~~:._-~-~~~-_._-~~-~._._~---~~~~.~------ --- .-..- .... .,.......--,.. .. .---.-- -- . .'. . M~2M I _ ~~ . .' . . . ~ . f; - I- I; -. I 16 ~ # ,. .~ .; - I I - - - - - = ~ - :. ., - , - , UI I .., . .. .. . ..... .- --------- " PROPOSED REZONING OWNER: Storz Ophthalmics, Inc. APPUCANT: Del American Properties and Lacasse Development Corporation Z:~ : Park Place, Lots 2 & 3, bounded by Drew Street on the north and lying on the east and west side of Park Place Boulevard. mw.rni FROM: OG and CC TO: RPD.16 ATLAS PAGE: 291 A SEe: 17 TWP: 29 S RGE: 16 E ~::""PiANNI'NG'?AN:D::'ZON:'NG~.8OARD::'.:::.'::,::::.M'a~':.'7~:::'.1:99:6:~"',.":'::::::,~::',:':::::::.::~~1;:::qlmj[caM~..a~~~!11:.i~i;j;~t;[:;1;!i6:j;;':""';' " -, ~...~..............................~ i N - DaD IftD7 .. - ----------...~ i ~ .. ~- . ~ : ~=a,-; , . . ' I. . . - I · · 'tJ. . 1 : ~:~:j .~ .. i : IJ -11 ~ 'it . : . . :J IiiiiiI UI ca:::"d,I- . . ;HlI [De&:J Ii- I . ..J.I _.__ . ~ . : . . . .. . . - . . . . . . '. . . . . . . . . . . . . . . . . · ~~ ~ ~ '10 ~ ...,., -~_!'!.!:-.I_u___.~ . + .... - -. .. ..".., -.. I I ... "~ '. . . . . . .. . . . . . . . .. . . . .. .. . . . . . ... . . . . ... r ~ . .. ? \ , " ~ 11>' . ' . .", - t -- .~ QBDlliANCE NO. 6029-~6 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A CONCEPT PLAN AND AMENDING THE ZONING ATlAS OF THE Cln' BY REZONING CERTAIN PROPERTY LOCATED BETWEEN GULF-TO-BAY BOULEVARD AND EAST OF DREW STREET JUST EAST OF U.S. 19, CONSISTING OF LOTS 2 AND 3, LESS PORTION OF LOT 2 WHICH IS ZONED .PRESERVATION- WHICH CONSISTS OF 2.3 ACRES, STORZ OPHTHALMIC, INC. PARK PLACE, FROM GENERAL COMMERCIAL (CG) AND COMMERCIAL CENTER (CC) TO RESIDENTIAL PlANNED DEVELOPMENT .SIXTEEN- (RPD-16); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has reviewed a concept plan for the proposed project in accordance with Code of Ordinances Section 40.261, and finds it sufficient; and WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CllY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The attached Concept Plan for the proposed project is hereby approved. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: property Lots 2 and 3. less portion of Lot 2 which is zoned .Preservation" which consists of 2.3 acres, Storz Ophthalmic. Inc. Park Place. (Z96-03) Zoning DistriQ From: General Commercial (CG) and Commercial Center (CC) To: Residential Planned Development .Sixteen. - (RPD-16) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING S-\(O.C\&, PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6029-96 ., . . -- .-.. . .,........... . ..... --..... -- .. ~2~ ~~1E I- f; I _ . . I~ - 41& - I I I . - B " . . t . '. - ". . . . . . II - - . .... " PROPOSED REZONING l.QNING z: aa:ga ~TY mk8IPTlQ1t: Park Place, Lou 2 & 3, t bounded by Drew Street on the north ancllying on the , east and west aide of Park Place Boulevard. t OWNER: Storz Ophthalmics, Inc. APPUCANT: Del American Properties and Lecesse Development Corporation FROM: OG and CC TO: RPD-18 ATLAS PAGE: 291A see: 171WP: 29 S RGE: 18 E cr~ Clearwater City Commission Agenda Cover Memorandum \ L~ (;.~ 'C)y I tern # Meeting Date: SUBJECT: Petition for Future Land Use Plan Amendment and Zoning Atlas Amendment for certain real properties located east of Greenwood Avenue; Owner: Fusco Management Corporation (Z 96-05 & LUP 96-03) RECOMMENDA TION/MOTION: Approve the Petition for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for Lots 5,6,7,8,9 and 10, Georgas Subdivision, and vacated portion of Eugenia Street and M&B 21-05 in Section 22-29S-15E, and pass Ordinances No. 6032-96 and 6033-96 on first reading. [] and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED REZONING AND LAND USE PLAN AMENDMENT PROPOSED ZONING DISTRICT PROPOSED FUTURE LAND USE CLASSIFICATION Public/Semi-Public (P/SP) Institutional ~ This application covers six parcels of vacant lots which are contiguous to Belleair Elementary School site. These lots are placed under contract for purchase by the School Board of Pinellas County. The School Board needs additional space for the expansion of the existing school playground, and intends to combine these lots with its adjacent property {Belleair Elementary School} to the east which is zoned Public/Semi-Public. These lots are located in the City east of I Pinellas Street and approximately 330 feet east of Greenwood Avenue. The subject lots are presently zoned Multiple-Family Residential "Twelve" (RM-12) and have Land Use Plan Classification of Residential Medium. The RM-12 zoning district does not permit schools or playfields. It is proposed to rezone the property Public/Semi-Public. ~ The Future Land Use Plan Classification of Residential Medium would be changed to Institutional to conform with the Future Land Use Plan for the east property. Reviewed by: Legal N/A Budget N/A Purchasing N/A Risk Mgmt. N/A CIS N/A ACM Originating Dept: CENTRAL PERMITTING SS Costs: $ NfA Total Commission Action: o Approved o Approved w/conditions o Denied o Continued to: User Dcpt: $ Current Fiscal Yr. SWnitted by: ~/__ City Manager~"'-::> "/ ~...( Advertised: Date: Paper: TAMPA TRIBUNE o Not Requi red Affected Parties 18I Notified o Not Requi red Flnding Source: o Capital Imp. o Opcrat i ng o Other Attachments: ORDINANCES NO. 6032-96 & 6033-96 LOCA TI ON MAP APPLICATION Appropr i at i on Code: o None ..~ .....,. Pr i nted on r ecycl ed paper Z 96-05 & LUP 96-03 Page 2 ~ The properties to the north and west have a Future Land Use Plan Classification of Residential Medium, and are zoned Multiple-Family Residential "Twenty-Eight" (RM-28) and Multiple-Family Residential "Twelve" (RM-12) respectively. The properties to the east and south have Future Land Use Plan Classification of Institutional and Residential Medium, and zoning of Public/Semi~Public (P/SP) and Commercial Center (Ce) respectively. The proposed Future Land Use Plan and zoning Atlas Amendments are being requested to permit the proposed expansion. The size for the combined lots is 2.72 acres. The school site contains approximately 8 acres and this land is being acquired to add to the existing school property in order to meet the current and future educational needs of the community and school. The proposed amendments would be an expansion to the existing Public/Semi-Public district to the east. The proposed playground will be accessory use to the existing school property and no conditional use approval will be required. The agreement for the purchase of the subject lots is contingent upon approval of the land use plan and zoning atlas amendments from the City to assure that these lots are usable for school purposes. Pertinent information concerning the request is summarized in the tables below and on page 3. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property North City City Residential Medium RM-1 2 Vacant lots South City East City Residential Medium RM-28 Multiple-family residential Residential Medium RM-12 Multiple- family residential Institutional & P/SP & Belleair Elementary School & Commercial General CC Sunshine Mall Residential Medium RM-1 2 Multiple-family residential West City ZONING RESTRICTIONS DESCRIPTION RM-1 2 REQUIREMENTS ."~g~~.Mil'~~~~!. EXISTING Density 11.5 u.p.a. maximum Vacant lots 80 ft. minimum ............ .. . .......... ...... ...... . ............ :2+~>~~O,~qj<ft.Oj: 118,483. 2 sq. ft. :JUioX<,:<:,::,'><:: (combined lots) 11 8 feet Lot Area 10,000 sq. ft. min. Lot Width at setback line ....,." " , .. .. .........,........... . ..... ... .......... >1..0"0"/1. ,t}(m"""':.l'n<,::.'m".':<'u:::'m"':"'< 333 feet (average) :-.... ..... ,... .'.'.'. '.. .~ .....:.. .... :......;. :.... ..' . ..': ". Depth 1 00 ft. minimum ~ The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after which they unanimously endorsed the proposed Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) to the City Commission. ~. ~ . - -- -: --. ,/ - -, - ~ AGENCY YES X X NO '); ,~ Z 96-05 & LUP 96-03 Page 3 OTHER REQUIRED REVIEWS Pinellas Planning Council/Countywide Planning Authority Florida Department of Community Affairs ABBREVIATIONS: RM-12 = Multiple-Family Residential "Twelve" (City); RM-28 = Multiple-Family Residential "Twenty-Eight" (City), P/SP = Public/Semi-Public (City); CC = Commercial Center (City); u.p.a. = residential units per acre. ! I i I I I I I . ! i 1 i i I I I I . I z9605.cc ~ . CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION \ . . Name of Property Owner(s): F us coM ~ n a.r; e l!1 e n t Cor par a t ion 06511 Address: 555 Long Wharf Drive,New Haven, CT Phone: ( ?03-171-7451 - - Representative (if any): ,J im Miller Phone: $1 3) 541-7286 Legal Description of Property (Subject of Request): 22-29-15-30654-000-0050 and 22-29-15-00000-210-0500 see attached le~al description and sketch General location: Vacant parcel cnnt::!i ni ng ;> 1;> ::!rroq Mn{ located on Pinellas Stre~t, east of S. Greenwood AVentlp., c()nt.;gllrl1l~ t-n tho BE'lJpt=lir Element-ary School site and Sunshine Mall Acreage: 2 12 MOL Present Zoning District: RM-12 Requested Zoning District:P/SP Public Semi-Public Clearwater Comprehensive land Use Plan Classification: Residential Pinellas County Comprehensive Land Use Plan Classification: Reason for Request: The land is beinp: purchcsed by the School Board of Pi nel 1 aR County for expansion of the Belleair Elementary School site to meet the future educational needs.of the community Rnd school. Is the requested Zoning District in conformance with the Clearwater Comprehensive land Use Plan Classification? Yes No 'l NOTE: If the requested zone change is not consistent with the City's land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan? Yes No Ust any other pertinent information submitted: The parcel of land' is under con tract for Durchase subiect to approvRl of the land use and zonin~ chan~e 1 I Signature: lhJrM~ II ~ Reviewed by:_ Date: if- . 2 l.f - I ff6 . ~- - --~- - ",- -- .... ~ . . . .. ~!."-' ~ . " , , LAND USE I'LAH ^,"ttlUUEKT Arrl.ICATIOIf .. ,', .. ,,' ~ DATE___~!gJL~~_____________ IMUE or pnOPEnn OIIfER (S) .-E.~.M..!!l.w.L.cgl:UQf~t10!l___________ ADOR ESS _ 222-bgne.J:!~rf Jl.~:.Jl.!!!.1!.~.!!.J-9'~l_____I'IIOH &~(nL~l1:: 7 4~L aC:l'nESC/lTATIVE (I' ^HY) ~-,-~j~.=U::SL2Lf1D.!:lla:U~.Q!!!l~_ ^Doness 11111 S. Belcher Rd.. lnrro. FL 34643 1'11014& 813-547 -1286 - ----"-------------- -------- L~~~~ DESCRIPTlO/l Of' l'ltOrEltn' (SUOJ&CT or REQUEST) 22-29-15-30654-000-0050 " ------------ " and 22-29-15-00000-210-0500 - -~-..........-.-..-------- -------------------------- -----------------------------------------. \ CENtRAl. LOCATlOtf'yacant parc~C!!l~t'2.!.n~L..2.ges MOL !9~S~n Pinellas Street , east_ of S. GreenwooC! Ave. ._~i~~_19_,!:l1!:..~!:H!:!!!.!:.._ Elementary School site and Sunshine Mall -- ----------------- ACnEAGE_-2-:/2.lmI-__________ _________ ~nESEHT ZOHING OlsrRICT___ RM:'2_____________________________________ REQUESTED ZONING DISTRICT P/SP Public Semi-Public ---- ------------------ Not.: A .e~arat. application i. required If thv zonine district I, proposed to be chanled. ;. pnSSEHT CLEARWATER cOUpnEIIF.HSIV& LAND USE PLAN CLASSlFICATIOIl.!!~.!9~:.: -------------- REQUESTED CLEARrATER COLlPREIIEHSIVE LAND USE Pl.AH CLASS I nCATION ---,..- I-Institut1onal ----------------- REASON FOR nEQUEST-Iht~~j~~~ purchase~~~~~o)~~__ ~lnell!s.County for expa~slon of t~~~~~~~entary S~~]~~__. meet. the current and future educat1ona~~=~or the ~~~!y and school. ---------------------------. PINELL^8 COUffTr COi,pnEIIEHSIVE LAIID USE PLA" Cl.Ar3lFlCAT10H ------- ------------ .IS TUE REQUESTED L,\IID IISE C~lEC;OnY IN COHfORiIANCE flTII TilE PINELLAS CO~ITY LAND US! PLAN CLASSIFICATION? YES~_ NO______ )lote: · Count, Land U.. rlan a~."dm.nt. require tbe approval of the Plnell.. COUDty Planniol Council and the State of Florid. (Chapter 163 r.s.). . ~ . State Growth Uan'lc~.nt Lelislation lSNit, I1nal npproval of Land Use rhn ...ndlll,"ts b, tbe CHy Comiitiiton to t.ic. a fUr. . ~~__-:- ~eviu..d br:_______________________ , . " ., . ...... ~ I..... ...... "', 'I' _ f ... ~. '.~', .t.~.: I' ,I '. !. . "., ..... .... . . .', .: " . ,'-. I'. . t" ,'i , .. ~ ..~. 4 ., '. . ~ . ." . ~ ~ ....... .. t I I ~ . . ~ ~ .' ~ ..~ ~ . ORDINANCE NO. 6Q;J2-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED EAST OF GREENWOOD AVENUE, CONSISTING OF LOTS 5, 6, 7, AND PARTS OF LOTS 8, 9, & 10, GEORGAS SUBDIVISION, AND VACATED PORTION OF EUGENIA STREET AND M&B 21-05 IN SECTION 22, TOWNSHIP 29S, RANGE 15E FROM RESIDENTIAL MEDIUM TO INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . Section 1. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property land Use Category See Exhibit A attached. (LUP 96-03) From: Residential Medium To: Institutional Section 2. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: ~~.X~~ eslie K. [3ouga -Sid s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No.6032-96 LEGAL DESCRIPTION Lots 5, 6,7,8,9, 10 and that part of vacated Eugenia Street adjoining Lots 6 through 10, inclusive, according to the map or plat thereof of Georgas Subdivision, recorded in Plat Book 45, Page 20, public records of Pinellas County, Florida, and a portion of the NE 1/2 of the NW 1/2 of Section 22, Township 29S, Range 15E, Pinellas County, Florida, described as follows: Commence at the Southwest comer of the Northeast 1/2 of the Northwest 1/2 of Section 22, Township 295, Range 15E, and run N 000 01' 41" W, a distance of 225.64 feet; thence run S 890 07' 35" E, a distance of 30.00 feet to the P.O.8.; thence run N 000 01' 41" E, a distance of 191.36 feet; thence run S 890 03' 49" E, a distance of 396.12 feet; thence run N 000 07' 35" W, a distance of 193.78 feet; thence run N 890 03' 49" W, a distance of 60.00 feet; thence run N 000 07' 35" W, a distance of 133.72 feet; thence run N 890 03' 49" W, a distance of 22.50 feet; thence run N 000 07' 35" W, a distance of 117.50 feet; thence run S 890 03' 49" E, a distance of 322.50 feet; thence run S 000 07' 35"E, a distance of 650.91 feet; thence run N 890 07' 35" W, a distance of 231.67 feet; thence run N 000 01' 41" W, a distance of 20.00 feet; thence run N 890 07' 35" W, a distance of 225.00 feet; thence run S 000 01' 41" E, a distance of 4.67 feet; thence run N 890 07' 35" W, a distance of 180.00 feet; to the P.O.B., LESS AND EXCEPT THAT LAND DESCRIBED AS: Commence at the Southwest comer of the Northeast 1/2 of the Northwest 1/2 of Section 22, Township 295, Range 15E, and run N 00001' 4111 E, a distance of 225.64 feet; thence run S 890 07' 35" E, a distance of 30.00 feet to the P.O. 8.; run thence N 000 01' 41" E, a distance of 191.35 feet; thence run 5 890 03' 49" E, a distance of 396.12 feet; thence run N 000 07' 35" W, a distance of 26.00 feet; thence run S 890 03' 49" E, a distance of 240.02 feet ,thence run S 000 07' 35" E, a distance of 232.00 feet; thence run N 890 07' 35" W, a distance of 231.67 feet; thence run N 000 01' 4111 W, a distance of 20.00 feet; thence run N 890 07' 35" W, a distance of 225.00 feet; thence run S 000 01' 41" E, a distance of 4.76 feet; thence run N 890 07' 35" W, a distance of 180.00 feet; to the P.O.8. Exhibit A Ordinance No.6032-96 , . . ., . . . .' ~ ' .' , - ~l,.l -~!?... C) ~ I - I:; .-- . . I-./' 21/02 - - i i ~ -DC V #<,-n< 22~ 2 ! ,,- .1 ~ 21/03'/ ,~" fl103 -- I.~ .-eo .......l~ "UI I (~ IlIr~. ~,.I - , JI . --~ . ~ . . ~ --. ~"i IMJO IIttU - ,. . .. --. -", .. " II .. r ..- f-I-... .. ) I I h r '" IIIZ .... >- ,. 1--,- _ J raa u1 ~ ~ lat ,~ ~ - Q .. 8 0 . - 0, 23" ~... ' - i i GEl RG~_ . '~V II-I e If! s I ~ ~..... .3 4 } 5 ~ ~ ~ ,.._AS- ST. 3 - - ~1: .. @ 1'l~ ~I 1.= 1: ~~_ ~ .*: ~ \8 18 t ~ 12 11 , __ ~ 011 4- AYQU , ~ VI.T ~ I I t~ 1 I ~ ~i& DR. "7 3 l( · ~ \ f!l" Q i - 57:;29 i~ ! 0.... r\ ,.. , ,... . , UIO 1 P.l.j '"VIS ~ 2J ~:~ lREP~2;; ~ ...~ 12 :: a ~ 103- es I ~ e ~2 Q ~;; . N ~ :II: ~ I ~io~i!. -:-; ~i!iIU ; H I ~~1 234 123.1"2 '11II& OOBO .,.. SUNSHI~~ MALL 21/01 - CC - - 21 /04 tlSll . 21/12 3747-347. .. tal :I . 21/14- II: , co ~ 21/15 Cl aH I 0 " ! ... N "50 JOIJ- IZI " '. BEUEAIR ELEhA. "P'SP -1. ..\ 21/11 -, .. i ~ rg, li:,.. 4Q 3 4 1fM".3 4 " PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: SehGol-Board.of-Pinellas.eounty ADDRESS: 304-,Fourth,.St"S.WI' ~~_~'.:~j~4~. J l .f., I (' ./.' . "'"'"," ,.:--. ..... :>~ . .......... , ,.../,' . ..J-- \ ....) ,...'.\.A, ,I ,.: L_ (. ,I. (,( 1:, ' .../ ," " ,:"..c .........,.. , . " , .. "..' z: Q6-0e and LU.P.: aa-03 PROPERTY DESCRIP-'UQtj,: Georgas Sub., Lots 5, 6, 7, 8, 9, and 10; together with 51...<>' ;},;..- )'.H,o\-M&B 21.05 " LAND USE PLA~ FROM: Residential Medium TO: Institutional ZOt4INCi RM 12 P/SP ACRES: 2.72 RIGHT -of.WAY: ACRES: SEe: 22 TWP: 29 S RGE: 15 E CITY COMMISS'.O'N:;: ",... '::,:, ATlAS PAGE: 306 A PlANNING AND ZONING BOARD: MAY 21, 1996 Ordinance 6032-96 QRDJNANCE NO. 6033-9~ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED EAST OF GREENWOOD AVENUE, CONSISTING OF LOTS 5, 6, 7, AND PARTS OF LOTS 8, 9, & 10, GEORGAS SUBDIVISION, WHICH ARE VACANT LOTS, AND VACATED PORTION OF EUGENIA STREET AND M&B 21-05 IN SECTION 22, TOWNSHIP 298, RANGE 15E, FROM MULTIPLE-FAMILY RESIDENTIAL "lWElVE" TO PUBLIC/SEMI-PUBLIC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See Exhibit A attached. (Z96-05) Zoning District From: Multiple-Family Residential 'Twelve" - (RM12) To: Public/Semi-Public - (P/SP) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes. The Director of Central Pennitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suffici ncy: Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Leslie K. Dougall-Si e ,Asst. City Atty. Ordinance No. 6033-96 . . ,'. . , .. 'I J I . ~ , :\' . I , '. - '\ I. .' . . . . - ~. - , . LEGAL DESCRIPTION Lots 5, 6, 7, 8, 9, 10 and that part of vacated Eugenia Street adjoining Lots 6 through 10, inclusive, according to the map or plat thereof of Georgas Subdivision, recorded in Plat Book 45, Page 20, public records of Pinellas County, Florida, and a portion of the NE 1/2 of the NW 1/2 of Section 22, Township 29S, Range 15E, Pinellas County, Florida, described as follows: Commence at the Southwest comer of the Northeast 1/2 of the Northwest 1/2 of Section 22, Township 29S, Range 15E, and run N Ooc 01' 41" W, a distance of 225.64 feet; thence run S 89007' 35. E, a distance of 30.00 feet to the P.O.B.; thence run N 000 01' 41" E, a distance of 191.36 feet; thence run S 890 03' 49" E, a distance of 396.12 feet; thence run N 000 07' 35" W, a distance of 193.78 feet; thence run N 890 03' 49" W, a distance of 60.00 feet; thence run N 000 07' 35. W, a distance of 133.72 feet; thence run N 890 03' 49" W, a distance of 22.50 feet; thence run N 000 07' 35" W, a distance of 117.50 feet; thence run S 890 03' 49" E, a distance of 322.50 feet; thence run S 000 07' 35"E, a distance of 650.91 feet; thence run N 890 07' 35" W, a distance of 231.67 feet; thence run N 000 01' 41" W, a distance of 20.00 feet; thence run N 890 07' 35" W, a distance of 225.00 feet; thence run S 00001' 41" E, a distance of 4.67 feet; thence run N 89007' 35" W, a distance of 180.00 feet; to the P.D.B., LESS AND EXCEPT THAT LAND DESCRIBED AS: Commence at the Southwest comer of the Northeast 1/2 of the Northwest 1/2 of Section 22, Township 29S, Range 15E, and run N 00001' 41" E, a distance of 225.64 feet; thence run S 89007' 35" E, a distance of 30.00 feet to the P.D.B.; run thence N 000 01' 41" E, a distance of 191.35 feet; thence run S 890 03' 49" E, a distance of 396.12 feet; thence run N 000 07' 35" W, a distance of 26.00 feet; thence run S 890 03' 49" E, a distance of 240.02 feet thence run S 000 07' 35" E, a distance of 232.00 feet; thence run N 890 07' 35" W, a distance of 231.67 feet; thence run N 000 01' 41" W, a distance of 20.00 feet; thence run N 890 07' 35" W, a distance of 225.00 feet; thence run S 000 01' 41" E, a distance of 4.76 feet; thence run N 890 07' 35" W, a distance of 180.00 feet; to the P.D.B. Exhibit A Ordinance 6033-96 .'. .' . I ..' " .. . . , .. .~ ~I I -::II C ... Q .... I .1a I-L'I-' I " ten- 11& - ... --- . - -- - . -. ,/ no,-no -... - - - -. 21/02 . Ii ~ . r-... tllJO I >> MIU '- . - 22/01 . . ~ ;'Il[ ~?5 .. ~ ., - - .. j . ,. ~ I . .I .".~ ,u.' . I .. + 22f ~. ,.. 00 21/03:> ""J TTli' ~ - ., ... )- ,IIZ I .... -6/03 tJ " SUNSHIN s: I MALL - ... - fZ'> 1-.:- .,....1 l,u6 I [,~ J 21/01 - ,~ ~ ~aum - CC ~-- ~WIIS !IIIL OOXDO ft. J I~ . - r-w- ~ 1#1 21/04 - U6il I t~ . I Q I III 0 l - 0 2 3 4 . 1 .. ..... s i GE' RG~ ~ 'IS4V II s S I~ . we 5 21/12 ~ .3 ~ -i!i-' ~S&7 J747-347. '610 &a 4 6 C1_~.. . 3 - II: ~ c \ 7.1:U ~~ E 1: 1::::: I: 21/14 . U) ~ ! III I- . ,Te 10 \8 16 I! ~. 12 11 N - , . . " '. 2~ 4 . BELLEAIR ELEM. A;V \ ~~.. ~ ( <to> ~p?sp 21/15 ~ i I} ~ \ I~I. Qe- 57-:29 II J '" -. lv/ ~ 8~ 1\ !I. g P.J.J AVlS r" . . -1. 411 I if.. REP lA'l' ~ ~ 0 ..\ 2l/l1 " - - tll~ · a!!"- 1 2 ~ .., N - . - ,. - .. fnlO ~ (lot ('If ~ I !I~i ~ ~e 103- 53 I "- JellY- - UI N ---~ f ~ ""'-.. ~ lAKEVIEW ROAD m- ~--- ~ -I I -nil ~ ie ~I~ ~ .....1 ! - 1::: ~. B ~; ! ~ I; 23. l' 234 12 3~ 1~234 11-23'" . i PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: School Board of Pinellas County ADDRESS: 304 Fourth St. S.W. Largo FL 34640 z: ~f)~5 and LU.P.: S6-o~ P60PE{rTY DESCFlI~JlQN: Georgas Sub., Lots 5, 6, 7, 8, 9, and 10; together with M&B 21.05 J.,ANP USE PLA~ FROM: Residential Medium TO: Institutional ZONING RM 12 P/SP ACRES: 2.72 RIGHT-of-WAY: ACRES: SEe: 22 TWP: 29 S RGE: 15 E , CITY COMMISSION:'::', '.,., ,: '.. ATlAS PAGE: 306 A PLANNING AND ZONING BOARD: MAY 21, 1996 Ordinance No. 6033-96 ~~ft:,' , . 'i ,.;:.. <:";' , .r '. > :'",.:} i I I I ! f Item # 15 F /)9c; I;!~ . .' , ',' . . ,'. .' , . , ' '.' . , '. ' ..'. , - \Ul-llt (~~-:,:,l~ . ~) <:::...:..:.: ;S ~-~ s ~lf.4iEi <c~ - cP5 Clearwater City Commission Agenda Cover Memorandum \--~... \.. - I t em # _) Meet i ng Date: ~J or;,. 1 (; SUBJECT: Petition for Future Land Use Plan Amendment and Zoning Atlas Amendment for 1142 Lakeview Drive; Owner: School Board of Pinellas County. (Z 96-04 & LUP 96-02) RECOMMENDA TION/MOTION: Approve the Petition for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for M & B 21-10 in Section 22-29S-15E, and pass Ordinances No. 6034-96 and 6035-96 on first reading. . [] and that the appropriate officials be authorized to execute same. - SUMMARY: PROPOSED REZONING AND LAND USE PLAN AMENDMENT PROPOSED ZONING DISTRICT PROPOSED FUTURE LAND USE CLASSIFICA TION Public/Semi-Public (P/SP) Institutional .. This application covers a parcel adjacent to the land presently owned by the applicant, the School Board of Pinellas County. The School Board needs additional space for the expansion of the existing school, and intends to combine the lot with its adjacent property (Belleair Elementary School) to the east which is zoned Public/Semi-Public. The lot is located in the City north of Lakeview Road and approximately 545 feet east of Greenwood Avenue. The subject lot is presently zoned Multiple-Family Residential "Twelve" (RM-12) and has a Land Use Plan Classification of Residential Medium. The RM-12 zoning district does not permit schools or playfields. It is proposed to rezone the property Public/Semi-Public. .. The Future Land Use Plan Classification of Residential Medium would be changed to Institutional to conform with the Future Land Use Plan for the east property. Reviewed by: Legal N/A Budget N/A Purchas i ng IliA Risk Mgmt. N/A CIS N/A ACM Originating Dept: CENTRAL PERMITTING ':/'5 Costs: ~A Total User Dept: $ Current Fiscal Yr. Commission Action: o Approved o Approved w/conditions o Deni ed o Continued to: Slbnitted by: ~_. City Manage~~ ~~. Advertised: Date: 5/7/96 & 5/16/96 Paper: TAMPA TRIBUNE o Not Requi red .Affected Parties ~ Notified o Not Requi red Funding Source: o Capital Imp. o Operating o Oth er Attachments: ORDINANCES NO. 6034-96 & 6035-96 LOCATION MAP APPlI CATION Appropriation Code: o None .~ ...... Printed on r ecycled paper Z 96-04 & LUP 96-02 Page 2 ~ The properties to the north and west have a Future Land Use Plan Classification of Residential Medium, and are zoned Multiple-Family Residential "Twelve" (RM-1 2). While properties to the east and south have Future Land Use Plan Classification of Institutional and Residential Urban, and zoning of Public/Semi-Public (P/SP) and Multiple-Family Residential "Eight" (RM-8) respectively. The proposed Future Land Use Plan and zoning Atlas Amendment are being requested to permit the proposed expansion. The size for the proposed lot is under one acre which is the minimum lot size for the Public/Semi-Public District. However, the school site contains approximately 8 acres and this land is being acquired to add to the existing school property in order to meet the current and future educational needs of the community and school. The proposed amendments would be an expansion to the existing Public/Semi-Public district to the east. The proposed drainage (utility facility) can be considered by the Planning and Zoning Board as a conditional use if the proposed Future Land Use Plan and Zoning Atlas Amendments are approved. Pertinent information concerning the request is summarized in the tables below and on page 3. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCATION OR FUTURE LAND USE ZONING ACTUAL USE COUNTY PLAN CATEGORY Subject City Residential Medium RM- 1 2 Duplex and Single-family Property residential North City Residential Medium RM-1 2 Multiple-family residential South City Residential Urban RM-8 Multiple- family residential East City Institutional P/SP Selleair Elementary School West City Residential Medium RM-1 2 Multiple-family residential ~ The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after which they unanimously endorsed the proposed Land Use Plan Amendment to Institutional,and Zoning Atlas Amendment to Public/Semi-Public (P/SP) to the City Commission. ZONING RESTRICTIONS DESCRIPTION RM-12 REQUIREMENTS ......................... ................................. .......................... <<?<::.:B!:~~::..:.:...::::::H::: ..>REo.UJREMENTS:\ ........-..................................;..,;.:.:.;-:.:-:<.:-:................:->:...;.:-..:..... EXISTING Density 11.5u.p.a. maximum Single-family residential Lot Area 10,000 sq. ft. min. :4~;~.~.Q.$(:J~ftl.:> 13,629 sq. ft. m.o.1 :",: .:-::::......>-:. ,'<: :.'<::.::'.:,::::<:::,::;" '-:>' <-: '.-: '". }:rT)ln/<: ... ... .......>.:<:: Lot Width at setback line 80 ft. minimum . . . . . . '.". . . ......" ,', .................................,......... ..................'.... ................... ....:....................,..........................:-.................-:...:.................'.. .'06.fttmiQ.>\.>. 77 feet Depth 100 ft. minimum .... .. .. ,"",. . . " .",. .... . . '. . . ..,. '" <1()()..tt..miriimurij.i 177 feet .... .. . .~ --- -....- ~ - -- - - - AGENCY YES X X NO :i,-.., Z 96-04 & LUP 96-02 Page 3 OTHER REQUIRED REVIEWS Pinellas Planning Council/Countywide Planning Authority Florida Department of Community Affairs ABBREVIATIONS: RM-12 = Multiple-family residentiaI(City); RS-8 = Single Family Residential "Eight" (City), P/SP = Public/Semi-Public (City); u.p.a. = residential units per acre Z9604.cc I I ! ~ ., .. " tj ~~ ,",1 ," I · Il'''' I. I - - ,J.SI W ~ DUlUlWA 1 ~ _ _ > 'rOnRS ftRIL COKDO Z.1t ~ < I 1\!.9- 12 t -l 1 II 0 'U, ~ I ... .. ~ ~ 00 J f4'-"'.. .., 1 2.J 4 5 -a--r ilREET ~ _ g ~ GEe RG ~. 5Rf~, ~ i i 5 lli ,w'f/ ~E ~ ~. m c- 2 .3 4 a:! ~.... ~ nil 4300-n~'. 6 CJ L----""'" -oiiiiii ~N~' 8 Bll .~ 3 - ....--- --""3(\ oc;1~" /"f~ littm ~ - IlU ""--1;: . z: ;'0 10 3 Jf, .~ 10 8 16}' llIl. 12 1,. .. N -- V. I I 9 i 2 J i U" II A\9IUE ~ ~~ lit: ~T.A~ ~ ~ ..1. (It 1"LY" ~ ~ i i ~ i ~ ~ 1m - 1 2 3ll~ w I ~' I. E ~ 57-29 1: At:.,vI 8~ I 1S P.J.I AVIS ~ .~ ,a'., I." REP AT N ~ 3 Ci ~ ~J g &0 3 iii 1 2. 8 N · I~~ _~ a ,i.. ~ 103- 53 ,,"- · I~ 0 ~~ ~ I ~ ~, &t N ~ ~ LAKEVIEW ~]tiitD 60 leD ft eo t~!-r3 .. 0 ~ t 2 3 4 r~~ \ ,,,;;;; ; '311.. "" J '.flit -C oJ ""6 ~16 --;-<~1\ '3~ 18:~ ~~- '0 20 ,!1M, U41'~ .w12.lIII2~.. ::; 13- '23 ~:~~ '#$ ~~ ::24fS44 - I, .' .. cc '18-60 21/04 21 /O~ ,,uo .___1Il ~ f Ii: 8 Il'BElliAIR ELEM. If pSis p 1/12 37~ 47 tUt) I - If) lID . 21/14 ai. i 21/15 lAJ 111# :::l ~ ~ "f. co '- - N 21/11 ,ao ~ JQlI- U1 ~-I I ROAD I ftB ~i i~ IO~I i ~ 'I' NdVi ~~,,,u 4( 12 :S'JO'~ 2.3 4 ~23 4 ,.. ~ I,.~ f3H 5 'lOa': w .- 15 , <1#,,5 15,~ i ,.5 1~.!ft) i :::: 6 t~ 'r:.~ & 16 !j! Inti 6 16 ~ -< t3t~ --c: ~:: 7 17!!.,! ::::7 1'"0\17'",4 /::; 7 ::g 8 / ~8 ~ 8 '=;J f 8 :m'fIIl' .tU 8 lUll \. C ~ _ A "'" ii"n 9 191 9 u ~ i=: ~n 9 . NIl o ,m 10 20,.t.tD ~ ~ 20::: ~1''''''10 20 ,,,,.1 ...... 1Gr. VUll ~ 11 21'U4 ". ::::11 21 12 22,1Sf 12 (11'22''''' - ~12 22 13 23,.t.SlI 1 J "rt 2.3 ',40 '''1'1.3 2' tS40 ,,,,, oJ . C. WRIGHT PARK 15 6 ~ 16 B tn, 7 y 17 ,,,.u8 18 l ~' 18 lrJ#J ,u. i'. "'.1$ 9 19 , 20'ue 11 ~: 2li:m 12 t ~22~~ 13 .. ~ 23'.140 i 546-521 " 23/01 ~ '.I;::~ .,..... PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: School Board of Pinellas County ADDRESS: 304 Fourth St. S.W. Largo, FL 34640 z: 96-04 and LUP: ~6.02 PROPERTY DESCRIPTION: Section 22-29- 15, M&B 21.10 LAND USE PlAN FROM: Residential Medium TO: Institutional ZONING RM 12 P/SP RIGHT-af-WAY: ACRES: 0.33 ATLAS PAGE: 306 A PLANNING AND ZONING BOARD MAY 21, 1996 SEe: 22 TWP: 29 S RGE: 15 E CITY COMMISSION CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION Name of Property Owner(s): School Board of Pinellas County Address: 301 fourth St., SW, Lar~o, FL34640 Phone:! )813 547-7286 Representative (if any): ,Jim Miller Phone: (81~ 547-7286 - Legal Description of Property (Subject of Request): Parcel 22/29/15/00000/210/1000 Beginning at a point Five Hundred Eighty-Nine (589' )feet East of the Southwest corner of the Northeast nuarter (NE~) of the Northwest Ouarter (NW~) of Section 22. Township 29 South. Range 15 East. run thence East Seven tv-Seven (77' )feet; thence North Two Hundred Ten (210')feet: thence West Seventy-Seven (77')feet; thence South Two Hundred Ten (210')feet to the Point of Beginning. General Location: 1142 Lakeview Drive, Clearwater, FL Acreage: 113 acre MOL Present Zoning District: ResMul ti:Fam/RM:l ~ Requested Zoning District?ISP Public Semi-Public Clearwater Comprehensive Land Use Plan Classification: Res. Med Pinellas County Comprehensive Land Use Plan Classification: Reason for Request: The land was purchased for expansion of the Belleair' Elemen tary School site to meet the future educational needs of the 'cqmmunity and school. Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification? Yes No X NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan? Yes No list any other pertinent information submitted: Signature: ~\ ~ {JvVl\VL H }i - i1 Date: j-l.. -z.- '{; - ~ tp Reviewed by: . ~ ' . , LAND USE PLAN ^~IENU~IENT APPLICATION DATE 4-23-96 ----~-~---------- NA~IE Of PIlOPERTY OWN Ell (S) ScbooLBoard _of Pt.n..was_ COLID~.Y___________ ADDRESS )0 LJ:..o_urth ~t...!-';;JJ..J_ Largo J -EL34640 ____ PilON E 5JJ1: 12Bb____ i\r.JlItESCNTATlVE (1 F "NY) ,T im Miller ^DOR ESS _UU1 S. Be lcher -.B~ Lar.g~_E.~-2~Q.4.l._____ PlIONE ~1.=128.n-____ I ' _ ~r.G^L DESCRIPTION OF PIlOPEItTY (SUOJECT OF nEQUEST~..ar~.L22L29/1l)/Qo.ili1QL2JO/'OC , I _l1eginn ing at CLQQi n t FJ-_ve HUD.9red Eigb.t:.N inELl2.~5L~..l.Le~J~E1>..t-9f_ t hsLSo.u thwes t c~r of the Northeast nuarte~~~~~f th~_~orth~est_~rt~I~B~l of_~ec~ion 22, Township 29 South, Range 15 East, run thence East Seventy-seven (77')feet; thence North TwoHundred Ten (210' )feet-;-thenceWest Seventy':-Seven-(7i'Treet;th~nce S~th' Two GENERAL LOCATION El1ndr~.lO.!..)..t:eet.-to-the Po..:int of Beg-i..J:H:}4-Rg.. 1142 Lakeview Drive, Ctearwater, Fl____ ACREAGE 1/3 acre MOL -- ------------------ ~RESENT ZONING DISTRlcT~esMulti-Fam/RM:1~----------------------- nEQUESTED ZONING DIsTnIC~/S!__E~blic Semi-Publl~______________________ Note: A sepa.rate a.pplication is require,d if the zoning district 1s . proposed to be changed. PRESENT CLEARWATER COMPREIJgNSIVE LAND USE PLAN CLASSIFICATION Res.Med ------------- nEQUESTElJ CLEAR,^'ATER COMPREHENSIVE LAND USE PLhN CLASSIFICATION ---r-- I - Institutional ------------------- REASON FOR (lEQUEST --I.he land li-~.....Q!Jrchase9. for e~ansiolL.9.f_ the BelJeair_Elementary Schoo13ite to m~~~~~e future educational needs_______. of the community and sCQool. -------------------. ------------------------------------ PINELLAS COUNTY COMPnEIIENSIVE LAlIO USE PLA~ CLAt31FICATION -------- ------------------------- "- ,IS TilE ItEqUESTED 1,,'HD lISE C/}TEGOn'i Iii CONfOn~I^NCE WITII TilE PINELLAS COU!'TY LAND USB PLAN CLASSIFICATION? JES_~~_ NO______ tlote: . County Lnnd Use Plan amendments require the approval of the Plnellas County Planning Council and the State of Florida (Chapter 163 F.S.). .,.. · stnte Gro\\.th ~tana.gcment Legislation limits flnal npproval ~~.~~"d Use Plan amelldmell~~S .bl' t::~ :~;~rO~~~~lce~ ( ature, ...L~ I . ,nav i ~"ed b)': it}, , ORDINANCE NO. 6034-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED EAST OF GREENWOOD AVENUE, CONSISTING OF M&B 21-10 IN SECTION 22, TOWNSHIP 29S, RANGE 15E, FROM RESIDENTIAL MEDIUM TO INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: property See Exhibit A attached. (LUP 96-02) .land Use Category From: Residential Medium To: Institutional Section 2. This ordinance shall take effect immediately upon adoption. subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Rita Garvey, Ma~or-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6034-96 f '.'~ LEGAL DESCRIPTION Beginning at a point Five Hundred Eighty-Nine (589') feet East of the Southwest comer of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section 22, Township 29 South, Range 15 East, run thence East Seventy-Seven (77') feet; thence North Two Hundred Ten (210') feet; thence West Seventy-Seven (77') feet; thence South Two Hundred Ten (210') feet to the Point of Beginning. (LUP 96-02) \ i I 1 I ~ 1 , ! i \ I I ! Exhibit A Ordinance No. 6034.96 . ~,~... /'---- - I . T ,u. ~ ~ 8t1'ImUUU ~ _ _ :> mias!ID. OOIDO LJ~'IM < ~ 'u, 2'/~ I I o o J41-Jr4 o 1 2 J 4 ~ ....a-11 ~ GE ~~. SUi- m ~'"v ~IE e~ ~ ex: ~ -- ~ it" 4J00..'m. 5 18 }l 12 It _ J 2 .3 i 4 II ,,} -"':ll~ "",TI';':nv ~/ €> ~ - ~ Ii" \I E - 57-29 .. P.J.l 1YIS ~ r~ REP AT N ~ 1 2 - 103- ~3 i ~ N N LAKEVIEW Z-/~.. I 2 I~~! .. '5' 1."~ i ,an. iI," ~"'M iC Oil '''''8 :\18 ~"/ I'i: '""& 18 ~ ,UlI ,,.9 <<Pi9- I ~'S:.: .",.12. ~ 2~.. i~~ 13-"'3 ~~ ~. :! ~24"4~ -- 1 ,,,, I 12 r I I iTRfn t .... _ a i I s 2 .3 4 e 8 -~ - --~J[3 ~!OC; _Jolt ~ 7,~ 3 Jf,1_~ 10 IS 11 N 9 A W<<JE a nni}"~ '" :",,}. & 8~ 3 if .!! ~j ~ 6t~ : Illii' "$6-, C. WRIGHT PARK ~46-521 " 23/01 "", .1 - cc 'Ft-OO 21/0~ ,1$0 JIa.ta_"" ~ f Ii pSis p 1/12 174 7 I ,ao i. I. i 21/14 21/1 !S .." i .. '0. G - ....... - N ~ 3 ,iN iii i K 21/1 , '110 50 Jet7- at IS e ~:"\.'e B "", 7 ""\:::,.1 17 I.7u8 18 I ROAD . I _1111& eo II I &' ~ I ~( J I ~~ tJO~ 4( t 2 3 = i i 2 3 ~_ 1.1 L2 3 4 I~ 5 15'" iC I u..S '5,... ~ ,~.5 15_ i :::: fS '15 ~I a 1& i I". a la_~. ~ tin iC 'n~ i . 1m 7 1~_!!,! :::7 J":~11m4 /:: 7 ~7 ~ . :< 'UI a ,. ,0,., ,tai~ E i iu; "C ~ ""8 tls..~fX1 us8 18 :m i~ '0 t ..~~ IU1 0 ,,ro '~10 20_ ~'20:I:~tUt10 20 .. ..-: -... 11 21QU -- f.tSSll 21 .. ,SoW 12 C 22'~ -r~12 22 1 J ~ I' 23 "10 ",., 13 23 tUO ".. " CUI 9 10 ~ 20'sac 111=~ 12 U~22= \3 ... 231U11 12 22,1Sf 13 ." 4J ,.sI i R "~.. ...... .. .. PROPOSED REZONING AND LAND USE PLAN AMENDMENT z: ~6-o4 and lUP: 96..()2 OWNER: School Board of Pine lias County ADDRESS: 304 Fourth St. S. W. Largo. FL 34640 LAND USE PLAN FROM: Residential Medium TO: Institutional PROPERTY DESCRIPTION: Section 22-29-15, M&B 21.10 ZONING RM 12 P/SP ACRES: 2.04 RIGHT-of-WAY: ACRES: SEC: 22 TWP: 29 S RGE: 15 E . . . '. . . . CITY COMMISSION. 0.33 ATLAS PAGE: 306 A PLANNING AND ZONING BOARD MAY 21,1996 Ordinance 6034-96 OBOINANce NO. 6035-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED EAST OF GREENWOOD AVENUE, CONSISTING OF M&B 21-10 IN SECTION 22, TOWNSHIP 29S, RANGE 15E, WHOSE POST OFFICE ADDRESS IS 1142 LAKEVIEW DRIVE FROM MULTIPLE- RESIDENTIAL FAMILY "lWELVE" TO PUBLIC/SEMI-PUBLIC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit A attached. (Z96-04) From: Multiple-Family Residential "Twelve" - (RM-12) To: Public/Semi-Public - (P/SP) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6035-96 ".'1., , LEGAL DESCRIPTION Beginning at a point Five Hundred Eighty-Nine (5891) feet East of the Southwest comer of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section 22, Township 29 South, Range 15 East, run thence East Seventy-Seven (77") feet; thence North Two Hundred Ten (210') feet; thence West Seventy-Seven (77") feet; thence South Two Hundred Ten (210') feet to the Point of Beginning. (LUP 96-02) I ! i I I ; I I j I I EXHIBIT A Ordinance No. 6035-96 . ,,_ 0---- I --' I - - 1 ,u. ~ .~ atJlIIUWOI .u' I t~, ,-~- ll( - BIlL 00JIIl0 ~ 21/04 21/0S P r .. I 11:1' I I .. I 8 J '41-J 4 4 0 1 2 J .. ~ ....--r !7 ~ 4 -:1; ~~.~~1i; 8 B Jl< 'C" 3 '" i;t;; ~ ~.:;~. 1 '-'" 3~~*N a 1'8 >1;tJ\lE ""~ Iii · 1213114 n AVENUE I ~~ 11.J.A!II~/ ~ ; ::l '#..... 1& I l. (t"f"'niI""" "<V' ~I~~ ~}" ~l!1II' ~i-, 67-29 ... ap ..J B~ ~~ P.I'] AVIS ~ JtIti1 lilt - ~ ..... ..1 r.. ~ ...... 3 ~ 1 Z - 21/11 hi; ," ';;1. 103-63 I ~ ... I ~ II I I:,AKEVlEW ROAD rfil1 ~'U to, 11 T to I !lllfi 10 11'11 .' ~ J=~" 3 J,;. 1:2 3" 1 2 3:= ~.2 3 ~ :~, ... 1M .. I - ~. 15'-.... '< ~ 15 ._ ~ 1S 1M '< tJd5 151... I 5 m \. ' ~A~1S .. I"e" 1& ~ ~ e te':f.. & 18 41. & 7 :/ I\. ",. 7 \: 'J 17 . ; ~ 7 1~~ :/:1 ...17.... /iC I''''' 7 IUI 'D# . '< . D ,. I.... 8 18'.111 uu8 18 . :~8,c'a iwla'-="'8~~IGaWla ~k= "'-....8 18 ==~\:,t t..~ ~t 10 201Ul ~ 20'- . ---'0 20 -- ~ ,a=e ........ ,~"_~... 10~ JIll to ...tt~' 11 III ~ 2~ .If!!I.: .. IU4 , 1r'If,.:.' 11 2' -- ~11 , 2 _ 22 r. .., ~ r.....- J.-.. "" -p ,.-~~ 12.. ..22 f.U8 12 221Ut 12 ~>>22',* - an 12 m1~ '3::: 13 .. ~ 2J~ 13 23,UI 13 · .23,uo 1:,3 '4' ~1324'Jl4' It t..... .._. _. . ,~. ~', .' - cc .,.... 1114 .-.-", I ~ f /i-' pSis p . 1/12 )74 7 21/14 .,.' i. I. i 21 I' s ~ I.t i iC -... 10 '- - r.. IIH ~ JOI7- UI 44$f- r i: E I r>>. 4C 2 3 4 ~ , s.-.. , us,..,. I: l ~E 17 _ I ~,a r ,l* : I 23tUt1 c. WRIGHT PARI< ~-~21 , 23/01 PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: School Board of PinelJas CountY ADDRESS: 304 Fourth St. S.W. Largo, Fl 34640 z: 96-04 and LUP: 9~-o2 PROPERTY DESCRIPTION: Section 22-29-15, M&B 21.10 lAND USE PlAN FROM: Residential Medium TO: InstiMional ZONING RM 12 P/SP ACRES: RIGHT-of-WAY: ACRES: SEC: 22 TWP: 29 S RGE: 15 E . .. . CITY COMMISSION 2.04 0.33 ATLAS PAGE: 306 A PLANNING AND ZONING BOARD MAY 21, 1996 Ordinance No. 6035-96 . -~. - -- - - -_._-~,_.,.- --~--- -- ..- -- . . . >., , , .' ,.... . paperworl( for Item #16 moved to 6-20-96 ; l i \ I I I t f I , . } j i ~ i ~ I. , 1 I 1 i 1 i I :L F Ie:< J~ . ..... , : , '_~,~'~ _________~___=___,_,_. __ __ __ __ ____ ___________ ____ ._._____" ___. .:....__ ___ __ - ~ ,_ ,'_ - __________ _____~. __ __ ____ ____ _. n_ ._ ...... .. "--_...~.=-----:--_.. ..~--..,-..... -. :--~.~--- - - <.-..-~ l' .. (SV 96-09) A - c,~cp Clearwater City Commission Agenda Cover Memorandum '1 .................................... . ".,.. ,. ..."......"...... . . . .. , ... . .... ..."......... . :' ~:: :~>,:;.:.::.::~{::~~::,/({::{:~::;.;:}}~:)}~:; . .........'........,......,.........,............................... \ I tern #. >.:::,:.."".\.:::>,{:>:.::::>>>>i:::::):::}} ....... .............. ......"...... Meeting Date: lil,!lfilli SUBJECT: Variance to the Sign Regulations; 1295 Missouri Ave.; Albertson's Inc.(Owner/Applicant); Cathy Oixon(Representative) . RECOMMENDA TION/MOTION: Approve a variance of one wall sign to allow four wall signs on property identified as F. E. Hanousek's Sub., parts of Lots 11 and 12, for meeting Sec. 45.24 Standards for Approval, items (1 )-(4). IBI and that the appropriate officials be authorized to execute same. BACKGROUND: . This property is located on the northeast corner of Missouri Ave. and Lakeview Rd., and is in the Commercial Center zoning district. . The applicant is requesting a variance of one wall sign to allow a total of four wall signs. . The variance is requested to permit placement of a wall sign identifying the mini-bank within the grocery store. Pertinent summary information is listed in the following table. Type of signs Location/orientation of sign Area Number of wall signs Attached Yes Missouri Ave. Yes 277.5 sq. ft. 4 290 sq. ft. 3 Reviewed by: .. ..... ...... ............. Or.igi~8tingOep81'tIllent: . ~~~c~g i1ie~~iiii~;~;:~~~;:::1~::::;::li IS :\r~~(:}mt::N1Artt{f):: ACM :?:rn::t~):::: I~t. CRT Costs: .':'::'../.NlAY .... . Total Commission Action: o Approved o Approved w/Conditlon. o Denied o Continued to: Current Fi8cal Year Advertised: J'fli~i.l1Jltl~IIII,1 o Not Required Affected Parties: U!I Notified o Not Required Funding Source: o Capital Improvement: o Operating: O ............. . ';'. ........... ).((:):::::./",;::::<::.:.::<>:::::<: Other: ...:-;.:.;.;.:.;...:::-:::.;:.::.;.;.:.;.::;.:.:.:.;:::,::::-....;::.:.;.;.:: Attachments: Submitted by: CI1VM.it~ o Printed on recycled pap.r ;:<..:.:.::::.:::.>::::::~gBrg:f:r:'...a...:.:.:.~.:.::.::.'.:.f.:...:.::.n..:.:.::.:.::.:....C.:.:.:.:.:.:~.:..:...d..:..:.::...8.....:...... ;.;.;.:-:.:-..;,;.;..,;.;,;;:::;;;:::.:;:;:;:;:;:;:;:::.;.;.;,;.:.: ... :::A~~ij~'~&/:::mtt:::::::r::::':{'/:::::::::::II Application Worksheet .. ...... .. Map. a None Special circumstances exist to support approval of the requested variance: · Approval of the requested variance will not increase the allowed sign area, only the number of wall signs. · The purpose for the additional sign is to identify the existence of the mini-bank, not the grocery store. · Approval of this variance will not detract from the appearance of the neighborhood. · Strict enforcement of the code in this case would not provide any specific public benefit. Direction Existing Land Uses North South East I West Shopping center Gas statiion Warehouse Resaurant, office, shopping center Applicable Variance Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request meets all of the standards. In particular, the following standards do appear to be fully met: 1. There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. 2. The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. 3. The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. 4. The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. J. , ; NUMBER OF A IT ACHED SIGNS 1 ~ t j I t ! \ i Relevant Previous Decisions by the Commission: B__IIIIIII\I"rl_~1I111111.11 SV 93-07 801 Phillies Dr. Jack Russell Stadium 1 wall signJ Approved 1119/93 SV 93-78 1200 Missouri JC Penney 1 wall sign! Approved 2/7/94 Ave. SV 93-60 603 Missouri. Cleanvater Outboard 4 attached signs/Denied 3/21/94 Ave. SV 93-93 2126 Drew 81. Mac's Sports 1 attached signlDenied 4/19/94 SV 93-87 830 Court St. R.J. Automotive 1 wall sign/Denied 4/19/94 SV 95-11 249 Windward Cleanvater Marine 2 wall signs! Approved 3/2/95 Passage Science Center SV 95-09 1520 McMullen Musicana Dinner 4 window signs! Approved 3/16/95 Booth Rd. Theatre SV 95-23 467 Mandalay Eckerd Drugs 2 wall signs! Approved 4/20/95 Ave. SV 95-31 387-1/2 Wedgwood House 7 attached signs! Approved 8/17/95 Mandalay Ave. Estate Jewelers 5 window signs! Approved SV 96-01 500 Cleveland Church of 1 wall sign! Approved 2/1196 St. Scientology j \ ~ l 1 ~ ~ :~ ~ . } \ I} :1. ..... ~ - .-.-- .........-- ~ -.-._~. - - _..~ STAFF FINDINGS VARIANCE WORKSHEET - CASE NUMBER SV 96-09 STANDARDS FOR VARIANCE APPROVAL (1) There are apeclal clrcumatance. ralated to the particular phyaloal surroundings, shape or topographical oondlUona applicable to the land or building., and auch oiroumatancea are peculiar to auch land or building. and do not apply ganerally to the land or building. In the applicable zoning dlstrlcl (2) The atrlet appllcaUon of the provislona of tho code would deprive the applicant of tha rea.onable u.e of the ..nd or building.. (3) The variance" not based exclusively upon the de.lre for economic or other material gain by the applicant or owner. (4) The grantlng of tha variance will b. In harmony with the general purpose and Intent of the land development coda and comprehenalve plan and will not be materially InJurloua to aurroundlng properties or otherwl.e detrimental to the public welfare. . Approval of the reque.ted variance will not Incre..e the allowed .lgn area, only the number of wall algn.. . The purpoae for the addlUonal .'gn I. to idenUty the exlalence of the mlnl-bank. not the grooery atore. . Approval of thl. varlanoe will not detract from the appearanoe of the neighborhood. . Strict enforcement of tho code In this ca.e would not provide any apeclfic public benefit i \ I 1 j I I Placement of a wall algn IdenUfylng the exl.tenca of the mlnl-bank con.Utute. a rea.onabl. use. The varlanca request appears to aaUsty thl. condltJon. The .Ign regulaUons were .dopted with the Intent of enhancing the visual quality of the City's streeb and landscape In order to protect the value of properUe. and the well-being of the local tourist oriented economy. Tha grantJng of thl. variance appears to be con. I. tent with thl. Intant ! ) ~ , l, l .\ ~ , i q ~ l j < <'1 :, ~, ~ .1 !l ~ ~1 -, 'i ,i > tJ\!.j~'cfj 1 CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARVVATER, FL 34616 V SIGN VARIANCE APPLICATION '1PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVEIS) (H My) NAME & ADDRESS: Albertson's INC. 250 Parkcenter Blvd. Boise. IO 83726 International Sign & Design Corp. 10831 Canal St. Lar~, FL .34647 t~t.h~''l-ON ~ TELEPHONE: (208 ) 385-6275 TELEPHONE: ( 813) 541-5573 ADDRESS OF SUBJECT PROPERTY: 1295 S. Hissour:l Ave., Larqo, FL NAME OF BUSINESS (IF APPLICABLE): First of America Bank X ZONING DISTRI~T: CPO LAND USE CLASSIFICATION: General Conmere!al LAND AREA:8.57 Acres. X LEGAL DESCRIPTION OF SUBJECT PROPERTY: F. E. Hanousek' s, Pa rt of lots 11 and 12. VPARCEL NUMBER: 22 I 29 I 15 I _35532 I 000 / 0121 1 ~'Jailable from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. number, attach 8 % x 11 inch sheet) (This information is If more than one parcel DESCRIBE SURROUNDING USES OF PROPERTY: North: South:_ Retail Offires East: West: Warehouse Mall VARIANCE(S) REQUEST: +. We ara ~oq~octing ~n ~ddi~ioflal 21.25 square foot ~ign for Fi~>>t of AmQriCi Sank OR tha ~IGort~onls front faai3. Firat of Ampr; Crl l=\~nl{ haii il mini Dink imdde the ctore. (a tot;} 1 of J21. ~5 flq. fto. ct I~. A 'variance of one wall sign to allow a total of four wall signs. CONTINUED ON REVERSE SIDE . STANDARDS FOB APPROVAL: A vari8nce shall not be granted by the CIty Commllslon umel. the appUeatlon and evldenc. pr......ted dearty support the following conclusion.: 1) There are Ipeciai circumstances related to the particular phy.lcaI surroW'lCllnga, shape or topographical conditions appncabl. to the land or buildings, and such circumstance. are pecuD. to .uch I..d or bundlngs ...d do not apply generally to the land or buildlnlP In the appl1C8ble zoning di.trict becatn. The building sits back off the main road and relies wholly on signs for business identification. . 2) The 81rict appDcation of ttle provisions of the code would deprive the 8PpDC8flt of the reasonable use of the land or buildings because This building is primarily a well known grocery store. It will known that there is a mini-bank inside unless First of America is allowed exterior signaqe. 3) The variance I. not based exclusively upon a desire for economic or other material gain by the appncant or owner because The mini-bank will be a service for the surrounding area residents. 4) The granting of the variance wiD be in harmony wi1h the general purpose ..d intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the pubDc welfare because The mini-bank sign will be too small to be intrusive. Its main purpose is to identify the bank inside the qrocery store. THIS SUBMISSION GIVES AN APPUCANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBUC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACnON. BY SIGNING THIS DOCUMENT I AM ACKNOWlEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS APPUCA TION. ~ SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): ~~i2-e;-w Swom to IIIld SUbscn1l8~ this ~.{ bY~ . day of A.D.: 193' ~ fh. ~tL&-JA: Notary PubUc L a identification. . who Is plll'Sonslly known to ~~rodUced STATE OF flORIDA. COUNTY OF Commission No. L 0 (Name of Notary typed. printed or ~tarnped) . UNOA M. lAOONTE NOI~ry Public, Stat\) of FlorIda My CClmm. e~I""~ AlJll.24 1996 No CC21S658 . NOTE: PROPERTY OWNER OR REPRESENTAnvE MUll AII~D HEARING. A' Albertsons · March 20, 1996 , t i I J ~ i i ~ 1 ~ 1 ~ f k ~ ! TO WHOM IT MAY CONCERN: RE: #4431 - Missouri & Lakeview 1295 S. Missouri Clearwater, FL INTERNATIONAL SIGN & DESIGN ("IS&D"), is hereby authorized, as an agent of First of America, F.S.B., a federal savings bank, to supply information, in order to obtain needed governmental permits for placing exterior signs on the above referenced locations. Albertson's, Inc., a Delaware corporation 3,' -p.T. BY: o ~ ~ , -<<-- · _~..JJo. William H. Arnold Vice President, Real Estate Law ---~ ~ I $ I t t ALBERTSON'S. INC, : GENERAL OFFICES. 250 PARKCENTER BLVD, ! BOX 20 BOISE. IDAHO 83726 208.385.~200 . ... - ~ p, ~. C rtJ co 6' --- CJ - .~ '1' .-4 L..&-; o. tQ ....... u.. . iO I:;. t lfl .. -4 IL I -----tr ,"! i:j &: ,) ,U r- r--- I I ... I I , t-n: v i' @-- :., , ijg ~ - '. ...,n 'j'j'V r: I I P I ~ I ~ I~ .. . I ~ t- I ~ a:~ d ~N I~ ot! . I ~ I I~~ I ~ d d d I ~ I ~ I ~ I ~ I ~ I ~ , ~ I ~ I~ W ,~ ~ i: ;~ III ; )-0 .... .., ~; .0 ~i r~ J~ ... .< ~?C~ ~- ~ ~ 0 ~ I~I @) .. ~l!~ ~i; 0;. , . .t ~~ ~g i1i! ~~ l'i~ '. - . @-r- ~ ... !( b ~ ~ ;ti f~ II~ U~~ . Cl .' Cl ('II ~~ - ~~ ~i I:~ @--4 ~~; O~! Ifi... :., I ~ \S C1 '- ~ ~! . !::~ 'J .' 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""'23~ - 2. nu uU~ 1-- rr. 25 QI4 to fn'25 rti ~ 10 I I- I 3 - ,.", 4 - qn 5'9 ,~. ~- ~ I". 7 ~ 4 ,U,I II I,. ~ .. ALBERTSON'S, INC. / FIRST OF AMERICA BANK PUBLIC HEARING DATE: JUNE 6, 1996 SEe: 22 TWP: 29 S RGE: JJi E CLEARWATER CITY COMMISSION NAME: SV # 96-09 ATLAS PAGE: 3068 o ~ ~ ., a:: ~ cc: < :I: J i 1;; ~ ,. ~ .. ~ !;:; ~ en ~ '-' . 0lI ~00ll N.1T1nn:>I'I Ii '" I I I I I I I 0Dd I 6\ 's'n ~ i s '" .........._ _..L II t 1 ... "0' 'S.,........- _ \ -.. W" ~ , on I ~\ i ~ ~ ~ -'OlIt-J1roSi ~ ~ ~ z ~ ~ ,.: '" . 3 o '" on Ii ..; NOldl'l't... ~ cnJ 'OlI l/Jt.OU& ,---. ~ I \.~ I '%: U ... ... z I~ c z z ::> o 0 " ~ 'Oll 1l3H:)1J e 0lI IlJfOUe 3N.T.l)O ')/I'" S;r1n:lll)" :;. ~ 0 m ~ I ~ ...J C !: III ... d i:? .. c::>.b a I I I i . ~ a I "It';! I I I I '---'~- C ex '()lj )H)))l ,.; '" > a: w on .. i cr ~ "" :j ~ o ~ cc: j ~ ~ z :> , "]/I'" YOIlil. Y d -f- "]/I" r "]/I'" lltIC./. ""3N r.l.""'H:l1tl "]/Iy 33)On......,." i- 3N"<"l . l::( ~ S:lNI)l .~ 3)fV"1 ,.; '" . w '" o .. VI I o ~ ~ o '" '3'\y --t OHVltClIH . ... 50 ... >< ~ -' 1 I J..U.3ll .. '" B u JNv1 UU8 ';y." sronoo o ... '3I\y Illness," ~ ::~~~)~~ ""r~~ I r~ I I I I 0 I 0 0 I j o{ ~tf;' o. ~, I j "1,^, I ~ G I I p~) l)!> --=-,~ " " I . ~ ~~ .i ~ ~ D I I j. ~,..".;.,.. '->, " ~ ~ " " (J , I ~ I I I I , \~ 013-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFINITION FOR VARIANCE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ~. Section 35.11, Code of Ordinances, is amended to read: Sec. 35.11. Definitions. The following words, terms, and phrases, when used in this development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * '* '* * '* Variance means a grant of relief from the requirements contained in m this development code based upon demonstrated ., . m approvaLQf Section ~ an<lJrtherwise in accord~nce wittLthe provisions and . upon demonstr3ted hardship. * * '* * * ~ The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. ~. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED May 16, 1996 Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: J Leslie Dougall des Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6013-96 ~ 9' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER TO PROVIDE REVISED RATES FOR THE CLEARWATER GAS SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since October 1, 1995; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1... That Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as shown in Attachment 1 to make changes to Section XXVI. Clearwater Gas System Fees, Rates and Charges. ~tion 2. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. l".~' Section 3.... All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 4... This ordinance shall become effective upon adoption and shall be applicable for all gas bills and services rendered on or after October 1, 1996. PASSED ON FIRST READING May 16, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: f1~ Pamela K. Akin City Attorney AITACHMENTl APPENDIX A - SCHEDULE OF FEES. RATES AND CHARGES XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (~ 32.068J: (1) Natural Gas Service Rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Natural Gas Service (Rate RS): Firm natural gas service for domestic uses in all residences of three (3) units or less. Monthly Customer Charge ...................................................$ 6.00 6.00 Non-Fuel Energy Charge, per therm........................................$ 0.~80 0.530 Minimum Monthly Bill ..........................................................$ 6.00 6.00 Effective 10It/Bell. Monthly Customer Charge.................................................II $ -8-rOO ..1...QQ Non-Fuel Energy Charge, per therm.......................................$ 0.630 O.58Q Minimum Monthly Bill......................................................... $ ~ LOO (b) Small Multi-Family Residential Service (Rate SMFJ: Firm natural gas service for all domestic applications within the living units of mufti-family buildings of four (4) units or more and the total annual consumption at the premise is 0 - 17.999 therms. Monthly Customer Charge..................... ........ .......................$ 15.00 Non- Fuel Energy Charge. per therm......................................... $ 0.530 Minimum Monthly Bill........................................................... $ 15.00 Effective to/t/97 Non-Fuel Energy Charge. per therm........................................$ 0.580 ec) Medium Multi-Family Residential Service (Rate MMFJ: Firm natural gas service for all domestic applications within the living units of multi-family buildings of four (4) units or more and the total annual consumption at the premise is 18.000 - 99.999 therms. MPotbly Customer Charge.................. ..................... ............... $ 20.OQ Non-Fuel Energy Cbarge. per therm.........................................$ 0.530 Minimum Monthly Bill........................................... .......... ....... $ 20.00 Effective 10/1/97 Non.fuel Energy Charg~. per therm......... :............... ................ $ 0.580 ATTACHMENT 1 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES ldl Large Multi-Family Rpsidential Servj~e (Rate LMFJ: Firm natural gas service for all domestic applications within tbe living units of multi-family buildings of four 14) units or more and the total annual consumption at the premise is 100.000 or more. Monthly Customer Charge......... .... ............ ......."..................... $ 50.00 Non-Fual Energy Charge. per th13rm..............................u.......... $ 0.530 Mini mum Mo nthly Bill.............................................................. $ 50. OQ Effective 1011/97 Non-Fuel Energy Charge. per therm...........................................$ 0...580 1e.l fM Small Natural Gas General Service (Rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise Is 0 - 17,999 therms. Monthly Customer Charge ...................................................$15.00 Non-Fuel Energy Charge, per therm........................................$ 0.430 0.470 Minimum Monthly Bill ... ... ... ....... ... .....". ......... II ... ....... ... ........ $15.00 EIIeetlV(] 1011/96 Non Fuol Enorg'l Charge, por therm.......................................$ 0.400 ill ~ Medium Natural Gas General Service (Rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000 - 99,999 therms. Monthly Customer Charge ....................................................$ 20.00 Non-Fuel Energy Charge, per therm........................................$ 0.380 0.41 Q Minimum Monthly Bill......... .... .,." ....." ...".. ........" ... ... ....... ......" $; 20.00 Effeet/v-e 1011196 Non Fuo~ Enorgy Charge, por thorm.......................................$ 0.360 19l AA Larue Natur81 Gas General Service (Rate LGSJ: Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly Customer Charge ..........................._.........................$ 50.00 Non-Fuel Energy Charge, per therm........................................ $ 0.330 0.35Q Minimum Monthly Bill...,. It' .,.... ...... ...... -,.. ". II.. I. .,_ II' .,. .".... It. $ 50.00 2 ATTACHMENT 1 APPENDIX ^ . SCHEDULE OF FEES, RATES AND CHARGES 1b1 ~ Interruptible Natural GtlS Service (Rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly Customer Charge. .,. ...... ...... 1,.11. ..... ....... II ....... '" ... II $100.00 Non-Fuel Energy Charge, per therm........................................$ 00.260 0.280 Minimum Monthly Bill. .t.... ... ...... '1' ...... ......... ...... .1. ............... $1 00.00 Plus the Non.Fuel Therm Rate for the minimum number of contract therms per day ill ffi Contract Natural Gas Service (Rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtainl retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly Customer Charge ................. As Established by Contract(typically the same as the normally Applicable Service Class) Non-Fuel Energy Charge ...................Per Therm as Established by Contract Minimum Monthly Bill .......................Monthly Customer Charge Plus the Non-Fuel Therm Rate for a Contract level of Monthly Consumption .m. ffi} Residential Natural Gas Air Conditioning Service (Rate RAC): Firm natural gas service for domestic gas air conditioning in all residences of three (3) units or less where the gas air conditioning load is separately metered. Monthly Customer Charge ..................................................$ &.00 6.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge, par therm..;....................................$ 0.200 Minimum Monthly Bill .........................................................$ 6.00 6.00 at the premise on a firm rate schedule Effective 1011 186S2 Monthly Customer Charge......................... .........................$ 6.00 7.00 only if this is not already billed on another metered account at the remise on a firm rate schedule Minimum Monthly BiII..........................................................$ ~ 1...OO..at the premise on a firm rate schedule 3 A IT ACHMENT 1 APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES ill ~ General Natural Gas Air Conditioning Service (Rate GAel: Firm natural gas air conditioning service for all commercial, Industrial, and other non-residential applications where the installed gas air conditioning capacity is O. 149 tons and the gas air conditioning load Is separately metered. Monthly Customer Charge ...................................................$15.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge, per therm......................................$ 0.150 Minimum Monthly Bill ........................................................$15.00 at the premise on a firm rate schedule ill m Large Natural Gas Air Conditioning Service (Rate LAC): Firm natural gas air conditioning service for all commercial, industrial, and other non residential applications where the installed gas air conditioning capacity is 150 tons or more and the gas air conditioning load is separately metered. Monthly Customer Charge ..................................................$20.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge, per therm......................................$ 0.100 Minimum Monthly Bill ........................................................ $ 20.00 at the premise on a firm rate schedule 1ml ij} Natural Gas Street Lighting Service (Rate SLJ: Natural gas service for lighting of public areas and ways. Service may be metered or estimated at the discretion of the gas system. The customer may elect to subscribe for Normal Street Lighting Maintenance & Relighting labor Service. or they may call Clearwater Gas System for Repair Service and pay normal hourly labor charges (see Other Miscellaneous (3as Charoes).L or they may elect to maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will pe billed as reQuir~d. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, Facilities Contract Charges may be assessed. Monthlv Customer Charge ........ ....... ....... ............ ...... ... ...... II... .......... .,. $15.00 Non-Fuel Energy Charge, per therm............. ..... ............. ..... ................... $ 0.200 Normal Maintenance & Relighting labor Service Charge, per therm...........$ 0.100 Plus any required equipment/parts Minimum Monthly Bill. II .... II II' It. 11.,1.,1 ........... 1,.,1. It' II.... II........ II .,. It.... II.. $15.00 Plus any applicable Facilities Contract Charges 4 A TT ACH.M ENT I APPENDIX A . SCHEDULE OF FEES. RATES AND CHARGES 1nl ~ ContrBct Natural Gas Transportation SelYice (Rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is handled like a Contract Natural Gas Service and must be approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly Customer Charge .............................As Established by Contract (typically the same as the normally Applicable Service Class) Non-Fuel Energy Charge ............................... ..Per Therm as Established by Contract (typically the same as the normally applicable service rate) Minimum Monthly Bill .................................... Monthly Customer Charge Plus the Non-Fuel Therm Rate for a Contracted level of Minimum Monthly Flow as well as any Facilities Contract Charges for Special Facilities and Metering Required to Provide this Transportation Service 121 m Natural Gas Vehicle Service (Rate NGV): Natural gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly Customer Charge .............................$ &rOO ~ for Residential or $15.00 for General Service applications only if a Customer Charge is not already being billed on another metered account at the premise on a firm rate schedule Non-Fuel Energy Charge, per therm................. $ 0.100 plus any applicable Customer. specific or Public Fill Station per therm Facilities Charges Required to Provide this Service Minimum Monthly Bill ...................................Monthly Customer Charge, if applicable, plus any monthly Facilities Contract Charges for Special Facilities, Metering or Fleet Conversion Costs Required to Provide this Service Effective 10/1 /96fll.. Monthly Customer Charge..............................$ 6.00 LOO for Residential or $15.00 for General Service applications only if a Customer Charge is not already being billed on another metered account at the premise on 8 firm rate schedule Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as 8 rate .per gallon equivalent of gasoline.. A IT ACHMENT 1 APPENDIX ^ . SCHEDULE OF FEES, RATES AND CHARGES 1W. {m} Natural Gas Emergency Gener8tor or Other Srondby Service (Rate NSS): Natural gas service to 8 metered account, separately established for back-up service, where no substantial gas service Is used for year round purposes. Monthly Customer Charge .0.............. 0........ 0.............. $25.00 Non-Fuel Enaigy Charge, per therm............................ $ 0.430 O.47Q Minimum Monthly Bill II....... II .,_.......... .t.... .,.. II......... II. $ 25.00 Plus any Facilities Contract Charges for the Facilities and Metering Required to Serve this Account ['fcethe 10/1/96 NOR Fuel Energy Charge, par tharm..... ...... .j.... ..... ....ft $0.100 (2) Propane (LP) Gas Service Rates. The following monthly rates shall apply to all customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Propane Gas Service (Rate RLP): Metered or bulk delivered LP service for all domestic uses in all residences of three (3) units or less. Monthly Customer Charge ....................................... $ ij..OO 6.00 Non-Fuel Energy Charge: Per gallon................................................... $ 0.660 O.7OQ I = Per therm................................................ $ O. 710 0.765) Minimum Monthly Bill ............................................. ~ -i.OO 6.00 Effective 1011/969.1 Monthly Customer Charge................................... ...... $ ~ 7.00 Non-Fuel Energy Charge: Per gallon.....................................................$ 0.750 ( = Pe r therm........................................... . . . . .. $ 0.82.0) Minimum Monthly Bill......... ... ... ... ... ... ... ... ... ,.. ........... $ -6.00 7.00 (b) Multi.Family Proosne Gas Service (Rate MLPJ: Metered or bulk delivered lP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly Customer Charge.........................,..,... ... ... ... $ 15.00 Non-Fuel Energy Charge: Per G~lIon.............. 0...................................... $ 0.700 I = Per Therrn.................................................$ 0,765) Minimum Monthlv Bill........................ .................. ......$ 15.00 Effective 10/1/97 Non-Fuel Energy Charge: Per gallon..... .............................. .................. $ 0.'150 ( = Per therm....................................,...........$ 0.8201 ATIACHMENT I APPENDIX A . SCHEDULE OF FEES. RATES AND CHARGES Lm AA General Propane Gas Service (Rate GLP): Metered or bulk delivered LP service for all commercial. industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0 - 2,499 gallons. Monthly Customer Charge ........................................$ 15.00 Non.Fuel Energy Charge: Per gallon. .,. .,. ...... 11.1,.,1.,1.' .... .,. _,.. II. II _f.. II. If' $ 0.360 0.390 .L=.Per ttlerm................................................ $ 0.383 0.426) Minimum Monthly Bill ... ... .,...It '" '" ......... .f. '" .,_ 'f' '" ..... $ 15.00 Effective 10/1/96 Non Fuol Enorgy Charge: Por gallon. ,,1 "_ If' ... I" 1,.". It' ........ .... It. II _t.. II' If II .................... .... ...................... 1dl {.e} Laroe Propane Gas Service (Rate LLP): Metered or bulk delivered LP service for all commercial. industrial. and other applications where no other rate is applicable and the annual consumption at the premise is 2.500 gallons or more. Monthly Customer Charge............ .............................. $ 20.00 Non-Fuel Energy Charge: Per gallon.................................................... $ 0.290 0.320 (= Per therm", .,, '" ... ... It' It. ........ .... II' It ". .... II' $ 0.317 0.350) Minimum Monthly Bill............ .... ............ ....... $ 20.00 EffeGtiV8 1011196 Non Fuel Energy Charge: ........ II . ........... .... ......... It ........ 1el <<>> Contract Propane Gas Service (CLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the City Manager. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly Customer Charge ........................................ As Established by Contract (typically the same as the normally applicable service class) Non-Fuel Margin Rate ........ ...................................... Per Gallon 8S Established by Contract Minimum Monthly Bill ....... ..................................... Monthly Customer Charge Plus the Non-Fuel Usage Rate for a Contracted Level of Monthly Consumption 7 AITACHMENT 1 APPENDlX A - SCHEDULE OF FEES. RATES AND CHARGES ill AA Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Monthly Customer Charge ....... ......... ..... .................. $ 6-rlX) ~ for Residential or $15.00 for General Service applications only if a Customer Charge is not already being billed on another metered account at the premise on a firm rate schedule Non.Fuel Energy Charge............................................. 0.100 per gallon.=. $ 0.109 per therm plus any applicable customer-specific or Public Fill Station Facilities Charges Required to Provide this Service Minimum Monthly Bill .......... ....................................Monthly Customer Charge plus any applicable monthly Facilities Contract Charges for Special facilities, Metering or Fleet Conversion Costs Required to Provide this Service Effective 10/1/9&.1ll. Monthly Customer Charge......................................... $ 6.00 1...00 for Residential or $15.00 for General Service applications only if a Customer Charge is not already being billed on another metered account at the premise on a firm rate schedule Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate .per gallon equivalent of gasoline.- 19l m Propane Gas Emergency Generator or Other Standby Service (Rate LPS): LP gas service to an account separately established for back-up service, either metered or bulk delivered, where no other substantial gas service is used for year round purposes. Monthly Customer Charge ............ ........ .... ...... ............... $25.00 Non.fuel Energy Charge: Per gallon....... .... ....... .................... ........ .... ........ $ O. 360 0.39Q I = Per therm.... ... ....... .... ........ ....... ... .,...... .......... $ 0.383 Oa426' Minimum Monthlv Bill..... ..... ....a..... I........ ........... ............ $25.00 Initial Usage Charge...........................................A one-time charge for the number of gallons required to Initially fill the LP tank (size as requested by the customer) Effective 1011196 Nan Fuol Energy CharfJot por gallon.. ......."..,............ .... ............. ......... t 0.320 Por ttlorm,. .... ....,........... ....... ............,....".... $ 0,360 8 , . . ",' .... , .. ' J ... . ~ ~ ~ ._ 4 A IT ACHMENT I APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES (3) Other Gas Charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: (8) FacI1ities Contract Charge (Rider FCC): A rider applicablo to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-Going FCC Charges ..........................A monthly charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager. Time-limited FCC Charges......................A monthly charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the Construction Feasibility formula, or appliance/equipment sales costs. The Interest rate will be established contractually the currently applicable cost of marginal funds at to the gas system (gas revenue bonds or other financing instruments). The interest rate will be set by contract and approved by the City Manager based on a review of the currently applicable financing rates available to the gas system and may be revised from tlme-ta-time Public Fill Station Facilities Charge ...........A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager. (b) Purchased Gas Adjustment (Rider PGAJ: A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the CGS's purchased gas supply, including losses and use by gas system facilities/equipment. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural Gas Firm Standard Rate Schedule PGA, per therm............$ 0.300 p.340 Natural Gas Interruptible and Contract(Non-Standard) Rate Schedule PGA, per therm...................................... $ 0.230 p.223 Propane (LP) Gas Rate Schedule PGA Per gallon......... ... 11.11 ..... I' ... .... II.... I' ... '" .... II... .,. $ 0.-<180 O.52Q l = Per therm...... ". '" ... ................ .,. I" I' .... .... .,, 1,.,1... $ 0.626 0.5681 The above PGA rates are based on 4-2 month& ending April, 1996 aetual 1M..Weighted Average Cost of Gas (WACOG) 8S currently prQjected for the second half of FY 95/96 without recovery l\iustment for past periods. These PGA Rates will normally be adjusted semi annually In April and October and may be adjusted upward or downward from time to.tlme with the approval of the City Manager based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas. .- .'"- -----.._~~ -.- ..-~--,,..... ., . ~ . A ITACHMENT 1 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager; however, the PGA rate will be adjusted anytime the over or under recovery for either natural or propane (LP) supply gas exceeds or is projected to exceed $100,000. The differential between the Natural Gas Firm Standard Rate Schedule PGA and the Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA will be computed for each semi annual period based on the available records for the most recent twelve (12) months by dividing the transmission pipeline -Reservation Charges. component of the WACOG by the therms sold to all of the Natural Gas Firm Standard Rate Schedules. The Gas System may also segment specific gas purchases for specific targeted customer(s) based on contract. (c) Energy ConseNation Adjustment (Rider ECA): A rider applicable to all firm standard natural gas therm rates and standard propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater Gas System and approved by the City Manager. The ECA will not be applied to interruptible natural gas or contract rates. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm................................$ 0.023 0.020 Propane (LP) Gas Rate Schedule ECA: Per gallon.. ... t...... ". '" ................. ... ....... ....... ................$ 0.021 0..01 B (= Per therm.....................................#................"..........$ 0.023 0.020) The above ECA rates are based on twolve (121 months onding aotual expense levels JlS currently prQjected for the second half of FY 95/96 without recQvery ajustment for past periods. These ECA rates will normally be reviewed semi-annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the City Manager based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable ga~ system programs as approved by the City Manager since March 1, 1995, including energy conservation programs. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager; however, the ECA rate will be adjusted anytime the over or under recovery exceeds or is projected to exceed $' 00,000. (d) Environmental Imposition Adjustment (Rider EIA): A rider applicable to all firm standard natural gas therm rates and standard propane (LP) gallon rates to recover the cost of environmental programs imposed on the Clearwater Gas System by Federal, State and Local regulatory agencies. The EIA will not be applied to interruptible natural gas or contract rates. The currently calculated EIA rates are: Natural Gas Rate Schedule EIA, per therm.................................$ 0.005 Propane (LP) Gas Rate Schedule EIA Per gallon................ .... ..................... ..... .....,.......... .... $ 0.005 I = Per therm...... I....... I........ I............. ............ ......, ... ... $ 0.0051 The above ErA rates are hased on twolvo (, 2) months ending the rates as approve<t by the City Manager effective April 1, 1996. based on actual expense levels. These EIA rates will normally be reviewed semi annually in April and October and may be adjusted upward or downward from time-to- time with the approval of the City Manager based on actual and projected environmental project costs and projected consumption levels In order to recover the total cost of gas system environmental cost Impositions as approved by the City Manager since February 1, 1993, as well as the labor and other costs attributable to such environmental projects. The over or under recovery of these EtA costs will be computed and en adjustment in the EIA rate may be made at tho discretion of the City Manager; however, the EIA rate will be adjusted anytime the over recovery exceeds or is projected to exceed the plan by $100,000. These EIA costs may be recovered over an extended time period as approved by the City Maneger. 10 . . J ' . ., ,., , . ," ' .. ' " . ' _ ~_h_ _~___._ _ .__ h ____ ~ _.._' _ h'_ __ _' _ .._~~, _.:.._______.. _..___________,__~---------~-----"'-'-- ,~--..~--.. n -, - h..h_ ------ h'_ - ATTACHMENT I APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES (e) Weather Normalizstion Adjustment (Rider WNAJ: A rider applicable to all firm standard natural gas therm rates and standard propane (LP) gallon rates to recover loss of revenues to the Clearwater Gas System due to unusually warm winter weather or to return excess revenues to the customers due to unusually cold winter weather. The WNA will not be applied to interruptible natural gas or contract rates. The WNA rate will 'nitiall', be is currently set at: Natural Gas Rate Schedule WNA, per therm........................... $ 0.000 Propane (LP) Gas Rate Schedule WNA, per gallon................... $ 0.000 The WNA rates will be reviewed at the end of each winter season and may be implemented based on actual heating degree day data, the gas system's projections of the impact of this weather on revenues, and projected consumption levels. The implementation of the WNA will be at the sole discretion of the City Manager only if the heating degree day data for the winter season exceeds at least a 10% variation from the ten (10) year historical average and the City Manager determines that this has created a material impact on the earnings of the Clearwater Gas System for the year warranting the WNA implementation. Any over or under recovery or distribution may be credited or debited to the PGA at the discretion of the City Manager upon discontinuance of the charge/credit from the previous winter season. (1) Franchise and Other City/County Fees Recovery Clause (Rate FFRJ: A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a 6% Payment in Lieu of Taxes on all gross natural gas sales excluding interruptible and contract services and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee. (g) Tax Clause (TAX - VariousJ: All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. ATTACHMENT 1 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES (h) Other Miscellaneous Gas Charges: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential (per account for new customers, seasonal reconnects, and after nonpayment disconnect Including turn-on of pilot lights) ...........................................$25.00 Meter turn-on commerciallindustrial (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn.on of pilot lights) ................................... $60.00 Meter Read for account change (no meter turn-on required but may include turn-on of gas pilot light), .,.. 1..1 I.... I' '" .,.. 1,..1..1. I' 't' '" ....... 11.1,.. II It. '" .t... II.. II .... I" "- '" ................... .,. $25.00 Meter turn-on surcharge - same day service (per account as requested by the customer) II... II.. ...... II .t_..... II.. II' It_ .t' ,t...,. II..... I' II' ... .,... II.. I' .1.. II' '" '" ........ II ....t. .,.. II $25.00 Replace broken stop locks on meter .......................................................................$30.00 Relocate gas meter .. .... ........... ... ... ... .... '" ............ ... ............ ... ... ... ... ........ Time & Materials Turn-on gas pilot lights only (per account) ...............................................................$20.00 Turn-off gas pilot lights only (per account) ..............................................................$15.00 Repair or installation work .. 1 person crew time on-site ...............................................................$40.00/hour .. 2 person crew time on-site .................................................................$72.00~our Overtime surcharge (as requested by the customer) ................................ Double normal rate Special meter reading (per account at customer request) ......................................... $15.00 Gas meter test - if results are within limits (per meter at customer request) ................ $25.00 Reset gas meter after customer requests removal (per meter) ....................................$60.00 Unauthorized meter bypass or hookup ........................................ ......... ......Time & Materials Other services not normally provided .................. ............... ...... ......... ........ Time & Materials Collector fee ............ ...... I...... I... ......................... ... .... .,... .....,.., ... .... ........ See Appendix A Public Works Utility Tariffs, Section (4) (a) 3 Dishonored check service fee ....................................................... See Code of Ordinances, Section 2.528 Missed appointment - Customer not present at as arranged .......................................$15.00 leak inspection .. ... ...... .., ................., ................... ... ... 11........,....... ... ... ....... ...... .No Charge Special seasonal gas turn-on ........................................... The City Manager is authorized to reduce or eliminate the normal gas turn-on charge during 8 period beginning not earlier than August 15th and extending through not later than November 15th to attempt to levelize the workload at the beginning of the heating season. Effective 10/1/97: Repair or Installation work -, person crew time on-site.................................... .:.................... .......$44.00/hour -2 person crew time on-site.......................................................... ....... $80.00lhour 12 ~ .'.. . .' I . . >I . ~ ... - ~ - .- .. A IT ACHMENT 1 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES (4) Gas Contract and Rate Application Policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of Rate and Service Application;. To the extent that the customer requests a review of hislher rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances (!i 32) including appeal rights to the Gas System Managing Director. If the customer remains dissatisfied after attempting to resolve the problem with the Gas System Managing Director, they may register 8 formal complaint by directing their concern In writing to the City Manager who will schedule 8 meeting with the customer to determine the facts and make a final ruling on the resolution of the dispute. (b) Contract Rate Level Determination: It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, a rate level which is up to 5% below that alternative, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the up to 5% lower level may be based on a net present value calculation over the expected life of the facility. (c) Rate Schedule Reductions: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) towards achieving the "cost of service based rates. as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and Service Extension Construction Feasib/7ity: Whenever a perspective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 1. Design considerations - The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main line Extension Construction Feasibility - The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven (7) times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non.Fuel Energy Rate X Estimated Annual Therms/Gallons .=. Estimated Annual Gas Non-Fuel Revenues X 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. 13 ^ IT ACHMENT 1 APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES 3. Service Line Extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: · A year round customer has installed gas equipment with an estimated minimum annual consumption of two (2) therms per foot of service line required, or · The cost of such service line extension meets the Maximum Investment for Construction Feasibility (as defined in .&4..,. above). · Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a CIAC to cover the deficiency amount from the above Construction Feasibility formula or enter into a Facilities Charge contract sufficient to cover this deficiency plus interest within a period of seven (7) years. 4. Customer Contribution Required. If the capital construction costs to extend the main exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a Contribution in Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a Facilities Charge contract sufficient to cover this deficiency plus interest within a period of seven (7) years. Such Facilities Contract Charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the Facilities Contract Charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) Maximum Investment for Construction Feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of Equipment to Natural Gas - The Clearwater Gas System will convert the customer's existing orifice(s) to accept natural gas at no cost to the customer, provided that for Commercial and Industrial customers the use is year round; the customer enters into 8 five (5) year contract to exclusively use the natural gas service of the Clearwater Gas System; and this amount, when added to the other cost to serve amounts, is still renders the project feasible. 6. Relocation of Gas Service FacHities - When alterations or additions to structures or improvements on customer's premises require the Clearwater Gas System to relocate metering, service line, or main line, or when such relocation is requested by the customer for whatever reason, the customer may be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities. r ~ : ~ yI ~. ~- &r~-., v bJ Ii 4 . " '0.0-- \~ COP/E STD' COMMISSION MAY 1 7 1996 CLEARWATER GAS SYSTEM Interoffice Correspondence Sheet PI1c:~S CLERK I ATTORNEY Copies: Betty Deptula, City Manager Chuck Warrington, Gas System Managing Director ; Kathy Rice, Deputy City Manager; Margie Simmons, Finance Director; CGS Lead Team To: From: SUBJECT: Clearwater Gas System Return on Investment Date: May 16, 1996 I would like to clarify the various methodologies that we have discussed over the past week in response to Commissioner Seel's and other's questions regarding our Return on Investment As I understood the initial question, it was in the same vein as was discussed with former Commissioner Thomas in August 1993 during the first Strategic Plan meeting. At that time we were asked what our return to the General Fund was from the viewpoint of the City looking at the Gas System as a stockholder. What we agreed to then was: Return on Investment = l2iYidmd + Adroinistrative InterfundJransfer Gas Fund Equity From this viewpoint the numbers are: Actual ROI for FY 92/93 = ($ 224,290 + $554,850) / $9,983,519 = 7.8% Actual ROI for FY 94/95 = ($1,000,000 + $572,520) / $10,241,126 = 15.4% Projected ROI for FY 01102 = ($1,020,608 + $690,259) I $12,214,129 = 14.0% It should be noted that this methodology includes Administrative Interfund Transfer on the basis that the personnel covered by this transfer are not easily cut if the Gas System were eliminated (Le., City Commission, City Manager's staff, City Clerk's staff, City Attorney's staff: Finance Department, Budget Department, Hwnan Resources, etc.). Therefore, as we see it, for the most part this transfer payment is more of a City funding source rather than a payment for direct service. - ' - ~--_.._. . . ' - , j . ~ . . . b'~' \~ ., Betty Deptula, City Manager Page 2 May 16, 1996 Former Commissioner Thomas suggested that perhaps a fair treatInent would be to consider 50 - 70% of the Administration Interfund Transfer as income to the City, and we closed our discussion on this subject with an estimate that cas returned 13 - 15% to the City. It was this level that the Commission locked in at that time to assure that return continued during the Strategic build-up time period. It should also be noted that we used end of the year fund equity balances in the above calculations, whereas if we had used annual average fund equity it would inflate the above returns slightly. When you asked Margie Simmons to look at the Return on Investment question, she took a textbook approach and looked at return from the broader City perspective, taking into consideration the Net Income prior to Dividend payout (includes annual funds retained in the Gas System) and dividing by average Retained Earnings. This also removed Contributed Capital from the equation. Her fonnula for Return on Investment is: Return on Investment = + .. Average Net Worth From this viewpoint the numbers are (with FY 01/02 added): Actual ROI forFY92J93 =($1,465,511 +$ 224,290)/(($ 7,881,749+$ 9,347,260)/2)= 19.6% Actual ROI for FY 94/95= (- $265,403 + $1,000,000) / (($ 9,849,023 + $ 9,583,620) / 2) = 7.5% Projected ROI for FY 01/02=($986,093 + $1,020,608) / (($10,330,530 + $11,316,623) / 2) = 18.5% Recently the Florida Public Service Commission has allowed investor-owned utilities a Rate of Equity Return on Investment in the neighborhood of 11 - 12%. Additionally, Commissioner Seel' s representative to the Fiscal Review Committee, John Rich, asked for a computation of the Return on Total Assets, which we would compute as: Return on Total Assets = Average Total Assets From this viewpoint, the nwnbers are: Actual ROA for FY 94/95 = (-$265,403 + $1,000,000) / (($30,081,894 + $31,174,504) / 2) = 2.4% Projected ROA for FY 01/02 = $2,006,701 / about $60,000,000 = about 3.3% This later indicator is not very useful for capital intensive utilities as it places outstanding bonds in the denominator without accounting for bond payouts in the nwnerator. . . I . - It. ' . , I . . . \, .' ~. J _ _...._~..____.__~u__~_.. t._______n _ . --- ------' :__._:;--,.~ ,--- -------- ---=- ----------'---.-~-~---->-.._(~-~-- ------~--_.. ------..-,,--. . - _.- --,~-_..-_.... ~.:.,\ ~;' :..., ~7".," . < .. '.;:' '~.'.' ;.:". I "_. ~ '. '. " . . b.""\~ ,., Betty Deptula, City Manager Pagei May 16,1996 We believe that any of the above fonnulas demonstrate that our Strategic Plan will provide an ever improving opportunity for Gas System growth in value and long-term growth of transfer payments to the City's General Fund to offset ad valorem taxes for our citizens. I would welcome any additional questions that you may have on this. CSW/csw ,. , ".< { ,. J;' . I ~. I ! ," t ',. i :~ I ,~ I ,. 'I ~ QRDlNANCl: ~O. 6024-9ti AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF CAROL DRIVE AND WEST OF BETTY LANE, CONSISTING OF LOT 27, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1500 STEVENSON DRIVE, INCLUDING THE ABUTrING RIGHTS-OF-WAY ALONG STEVENSON'S DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. ~o Ordinance No. 6024.96 WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law In connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 27, Block A, Stevenson's Heights, according to the map or plat thereof as recorded in Plat Book 34, Page 13, of the public records of Pinellas County, Rorida. (A96-15) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. . PASSED ON FIRST READING May 16, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Comrnissioner Approved as to form and 'llegal ufficlency: ',1) L; ( Leslie K. Douga I-Side Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 12/02 OSI O.t.I 2:OJ- 4!.2 (1943) DB.'22t-43) (I~) - PHIWP JONE 17 I' " FI ELD If iCli ::~ , . a T'f' 0YtMD If HOL T YOUtH " - C[}4lER 2 I D.o.151~eo 13/02 f Ha.. T ~"NC POOl 1%59 3 IZZI 13 .-- PROPOSED ANNEXATION AND ZONING OWNER: Baker and Williamson Enterprises, loe ADDRESS: 1500 Stevenson Drive ZONING A: 96-15 PROPERTY DESCRIPTION: Lot 27, Brk A, Stevenson's Height COUNTY: CITY: . C-2 CG RIGHT-of-WAY: ACRES: 0.23 ACRES: ATLAS PAGE: 269B PLANNING AND ZONING BOARD: May 7, 1996 SEe: 10 lWP: 29 S RGE: 15 E CITY COMMISSION: May 16, 1996 . EXHIBIT A ". . , . ... + ~ . .. ~ . , ", ' ". . OROINANCE NO. 6025-96 ~\ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATlAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF CAROL DRIVE AND WEST OF BEllY LANE, CONSISTING OF lOT 27, BLOCK A, STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1500 STEVENSON DRIVE, INCLUDING THE ABUTTING RIGHTS-OF-WAY ALONG STEVENSON DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS GENERAL COMMERCIAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CllY OF CLEARWATER, FLORIDA: Section~. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: ~ Zoning District Lot 27, Block A, Stevenson's Heights, according to the map or plat thereof as recorded in Plat Book 34, Page 13, of the public records of Pine lias County, Florida. (A96-15) CG - General Commercial Section 2. The Central Pennitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance NO.6024-96. PASSED ON FIRST READING May 16, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and :LCkJ Pamela K n City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance .0. '025." ~. .. '". ~~,' . , :' ,.~ ..' '.'. '."" . . 4< " ,:' ~"',"" ~,-........__......__.----: . g 12/02 1 16 17 OSI ! ! a ~ ... ... I O""203-~ <,9-4a) O.ll.1Ut-4.JO (1&") tQ PHIWP JONE , " FJELD 171 iCli :::ooJ I OTY OWED I t HOl T YOUnt to) - a:>41D 2 , O.8.1~1~eo 13/02 1 Ha.T ~"'ING POOL tug tUt 16 13 PROPOSED ANNEXATION AND ZONING ~~ ,;] \ ZONING A: 96-' 5 PROPERTY DESCRIPTION: Lot 27, Blk A, Stevenson's Height OWNER: Baker and Williamson Enterprises, lne ADDRESS: , 500 Stevenson Drive COUNTY: C-2 CrrY: CG ATlAS PAGE: 269B PlANNING AND ZONING BOARD: May 7, 1996 ACRES: 0.23 RIGHT-of-WAY: ACRES: SEC: 10 TWP: 29 S RGE: 15 E CITY COMMISSION: May 18, 1996 ORDINANCE NO. 6026-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF BRATTLE LANE AND WEST OF POPPYSEED COURT,IN SECTION 17, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2730 CURLEW ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. ~~ WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. (A96-16) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to inetude and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pine lias County, Aorida, within 7 days after adoption, and shall. file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING May 16, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest Leslie K. Dougall I s Assistant City Atto ey Cynthia E. Goudeau City Clerk Ordinance No. 6026.96 -~-.?tJ;..-' ".- ....:1t-...~~.....1I~, ...... _~....:..~~tv~~__-...___.__. . ..J..i.-I.:-:rf~.;- 'i.'~'& '~ ., (..-/.,.~. _. ~ :i;~lJ;.~ . .~r-~., 1.1 ~_......trj:; '*....~..n ....... . ..-Il ;.' ~"'!' 1'~. t ,:...r..; IJ J.-'~' '-r"" I... . !t.t' .., ~~. : I;; ~f0.2~I' I~" _.: 0 CI_:;J' ,;'.~ '.2'~1l8"I.' -:.r-:... :~ :~~ . ="1 '.. &~ ,.,;~ ,. ~J .;. . _ '. . -=~. 'v. .' -." . l.~ . .... .~':s.: !~.. . e, ~. _.4: ~ .:.~. ~. ...,'. . lI4",' e'';. .., ~ .... . 7~"~' ~ .. :";1': c:~f ;"u.:. 4' .~,' _~ '-0'- . 1Q1 ." . ,,"'" . . -'~ ~. . .... I" ~,~ 'oo '. .-.M~. '. . .. .~~:'. ,a;. .;tr.'!I.....i-!"... ........ (..: J-.,. # . " . ;-U".lI I tL ~ IUU'",,; ~ 4 . ..... '~rc;::: ... "-'Z . ,. ,.:>:.'",:"C'" . -.. '".- . 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EXHIBIT 8 LEGAL DESCRIPTION Commence at the center of Section 17, Township 28 South, Range 16 East; thence run S 00 32' 12" E, along the East line of the NE 1/4 of the SW 1/4 of said Section 17, for 50.00 feet; thence N 890 48' 32" W, along the Southerly right-of-way line of State Road 586 for 769.73 feet; thence continue along said right of way line N 89048' 32" Wfor 125.47 feet; thence S 00 11' 28" Wfor 10.00 feet; thence N 89048' 32: W for 39.00 feet for a Point of Beginning; Thence from this Point of Beginning continue N 890 48' 32" W for 60.92 feet; thence along a curved concaved to the North, having a radius of 1969.83 feet for an arc distance of 15.32 feet, said arc being subtended by a chord of N 890 36' 44" W for 15.32 feet; thence S 00 28' 44" E for 430.08 feet; thence S 890 48' 32" E for 239.02 feet; thence N 00 28' 44" W for 98.00 feet; thence N 68049' 00" W for 89.31 feet; thence N 00 28' 44" W for 110.34 feet; thence N 73000' 00" Wfor 101.14 feet; thence N 00 28' 44" Wfor 121.00 feet; thence N 45011' 28" E for 20.42 feet; thence N 00 11' 28" E for 25.00 feet to the Point of Beginning. Ordinance No. 6026.96 OROltiANCe NO. 6027-9j AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATlAS OF THE CITY BY ZONING CERTAIN REAL PROPERlY LOCATED NORTH OF BRAlTLE LANE AND WEST OF POPPYSEED COURT, IN SECTION 17, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2730 CURLEW ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MULTI- FAMILY RESIDENTIAL 8 (RM-8); PROVIDING AN EFFECTIVE DATE. ~3 WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pine lias County I Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See Exhibit A attached. (A96-16) Zoning District RM-8 - Multi-Family Residential 8 Section 2. The Central Pennitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6026-96. PASSED ON FIRST READING May 16 , 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and I~a . sufficiency: Attest: Cynthia E. Goudeau City Clerk Document No 6027.96 f'i':,~ :;. '. ::<3 EXHIBIT A LEGAL DESCRIPTION :' Commence at the center of Section 17, Township 28 South, Range 16 East; thence run S 00 32' 12. E, along the East line of the NE 1/4 of the SW 1/4 of said Section 17, for 50.00 feet; thence N 890 48' 32" W, along the Southerly right-of-way line of State Road 586 for 769.73 feet; thence continue along said right of way line N 890 48' 32. W for 125.47 feet; thence S 00 11' 28. W for 10.00 feet; thence N 890 48' 32: W for 39.00 feet for a Point of Beginning; Thence from this Point of Beginning continue N 890 48' 32. W for 60.92 feet; thence along a curved concaved to the North, having a radius of 1969.83 feet for an arc distance of 15.32 feet. said arc being subtended by a chord of N 890 36'44. Wfor 15.32 feet; thence S 00 28' 44. E for 430.08 feet; thence S 890 48' 32. E for 239.02 feet; thence N 00 28' 44. W for 98.00 feet; thence N 68049' 00. W for 89.31 feet; thence N 00 28' 44. W for 110.34 feet; thence N 73000' 00- W for 101.14 feet; thence N 00 28' 44. W for 121.00 feet; thence N 450 11' 28. E for 20.42 feet; thence N 00 11' 28. E for 25.00 feet to the Point of Beginning. 1 I I I 1 i ; \ i ! . j 1 I ! , ; I ;... ;} Document No 6027.98 . , If . I. . '. ... .:- ..... -_.-.. -..... --.:tJ_' '.-. ~. '!t.:~... ,i.&-:;'.to ..,::1..... ,... ...,.,. ...~....._~..,.. ..."..,m.......... 1M '.1.'- ...,-", .. - . A .... :; -v .~....." ".f.:r-~" "~." .~~... 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E Int UJf 51 31 U., I r- ~ S2 ~~ ~u U I ~ WAY ! 32 5 ua.13 i sn. 34 )~ - PROPOSED ANNEXATION AND ZONING ~~3 \ ~ OWNER: Burke, K P A: 96-16 PROPERTY DESCRIPTION: M&B 31-03 ADDRESS: 2730 Curlew Rd ZONING COUNTY: CITY: A-E AM 8 RIGHT -of-WAY: ACRES: 1.4 ACRES: ATlAS PAGE: 178A PlANNING AND ZONING BOARD: SEe: 17 TWP: 28 S RGE: 16 E CITY COMMISSION: Ordinance No. 6027-96 .- - ~-- -- - . --- ," ", Item # 24 , I I , , F /~53 _"i ", ':J Lt ORDINANCE NO. 6030-96 AN ORDINANCE PROVIDING FOR THE ADVANCE REFUNDING OF THE OUTSTANDING GAS SYSTEM REVENUE BONDS, SERIES 1991, OF THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR THE ISSU- ANCE OF NOT EXCEEDING $8,500,000 GAS SYSTEM REVENUE REFUNDING BONDS, SERIES [TO BE DETER- MINED] , AS ADDITIONAL PARITY OBLIGATIONS OF, THE CITY PURSUANT TO THE CITY'S ORIGINAL ORDI- NANCE, TO BE APPLIED TO ADVANCE REFUND SUCH OUTSTANDING OBLIGATIONS; PLEDGING THE NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. AUTHORITY FOR THIS ORDINANCE: ORDINANCE TO BE SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act") and the original Ordinance, herein- after defined. This Ordinance is supplemental to the Original Ordinance and all provisions of the original Ordinance not supplemented, modified, superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b) apply to the 1996 Bonds, hereinafter defined, to the same extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter defined, and (c) are incorporated herein by reference as if fully set forth. SECTION 2. DEFINITION~. Unless the context otherwise requires, the terms def ined in this Ordinance shall have the meanings specified in this section, and any capitalized terms not defined herein shall have the meanings specified in Section 2 of the Original Ordinance. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Additional Parity Obligations" shall mean additional obligations issued in compliance with the terms, conditions and limitations contained in the Original Ordinance and in this Ordinance and which (i) shall have a lien on the Pledged Revenues equal to that of the Parity Bonds and the 1996 Bonds, (ii) shall be the investment ot funds, unless otherwise provided herein, by the Issuer or accruinq to it in the operation of the System, all calculated in accordance with sound accounting practice. "Holder of Bonds" or "Bondholders" or any similar term shall mean any person who shall be the registered owner ("Registered Owner") of any registered Bond, as shown on the books and records of the Bond Registrar. The Issuer may deem and treat the person in whose name any Bond is registered as the absolute owner thereof for the purpose of receiving payment of, or on account of, the princi- pal or redemption price thereof and interest due thereon, and for all other purposes. "Issuer" shall mean the city of Clearwater, Florida. "Net Revenues" shall mean Gross Revenues less Cost of Opera- tion and Maintenance. "1996 Bonds" shall mean the obligations of the Issuer autho- rized to be issued pursuant to Section 5 of this Ordinance, which 1996 Bonds are to be issued in one or more series, with each series to be separately designated in accordance with subsequent resolutions to be adopted by the Issuer prior to the issuance of any series of 1996 Bonds. "Ordinance" shall mean this ordinance of the Issuer as here- after amended and supplemented from time to time in accordance with the provisions hereof. "Original Ordinance" shall LIe an city of Clearwater Ordinance No. 5118-91 as thereafter amended and supplemented from time to time in accordance with the provisions thereof. "Parity Bonds" shall mean the outstanding Gas System Revenue Bonds, Series 1991, Gas System Revenue Bonds, Series 1994A, and any bonds issued under the authority of the Original Ordinance or the city of Clearwater Ordinance No. 5665-94. "Refunded Bonds" shall mean the portion of the city of Clearwater, Florida, Gas System Revenue Bonds, Series 1991, dated September 1, 1991, for which the future payments of principal, premium, if any, and interest has been provided for in an irrevocable escrow in accordance with the Escrow Deposit Agreement with proceeds of the 1996 Bonds, which are so designated by the Issuer prior to the issuance of any series of 1996 Bonds. "Reserve Requirement" for each series of Bonds shall be as determined by subsequent resolution of the Issuer. The Reserve Requirement for the 1996 Bonds shall be the lesser of (i) the Maximum Bond Service Requirement of the 1996 Bonds, (ii) 125' of the average annual Bond Service Requirement of the 1996 Bonds, or (iii) lot of the net proceeds of the 1996 Bonds. 3 . . . . , 1 '. '.., . ". . \ . . . . , .l , "System" shall mean the complete gas system now owned, operated and maintained by the Issuer, together with any and all assets, improvements, extensions and additions thereto hereafter constructed or acquired. SECTION 3. declared that: FINDINGS. It is hereby found, determined and (A) The Issuer has heretofore enacted the Original Ordinance authorizing the issuance of certain obligations to be secured by and payable from the Net Revenues, and providing for the issuance of Additional Parity Obligations, upon the conditions set forth therein, to be payable on a parity from such Net Revenues. (B) The Issuer has previously issued the Refunded Bonds and deems it necessary and in its best interest to provide for the refunding of the Refunded Bonds. The refunding program herein described will be advantageous to the Issuer by providing a net present value reduction in the amount of debt service secured by the System, resulting in a lessening of pressures to increase System rates. (C) From the proceeds of the 1996 Bonds and other funds available therefor, there shall be deposited pursuant to the Escrow Deposit Agreement a sum which, together with the principal and income from the Federal securiti~s to be purchased pursuant to such agreement, will be sufficient to make timely payments of all presently outstanding principal, redemption premium, if any, and interest in respect to the Refunded Bonds, as the same come due and/or redeemable. Such funds and principal and income from investments shall also be sufficient to pay when due all expenses, if any, described in the Escrow Deposit Agreement. (D) The costs associated with such refunding program shall be deemed to include legal expenses, fiscal expenses, rating agency fees, expenses for estimates of costs and of revenues, accounting expenses, municipal bond insurance premiums, costs of printing, fees of financial advisors, fees for escrow structuring and verification, accrued and capitalized interest, provisions for reserves, and such other expenses as may be necessary or incidental for the financing herein authorized. (E) The Revenues are not pledged or encumbered in any manner except for the prior payment from the Net Revenues of the principal of and interest on the Refunded Bonds, which pledge and encumbrance shall be defeased pursuant to the refunding herein authorized, and the Parity Bonds. (F) The principal of and interest on the 1996 Bonds and all required Sinking Fund, Reserve and other payments shall be payable solely from the Net Revenues derived from the operation of the System, as provided herein and in the Original Ordinance. The 1996 4 Bonds shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the state, or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the state ot Florida, nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the 1996 Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein and in the Original Ordinance. 5 The 1996 Bonds shall not constitute a lien upon the system, or any part thereof, or on any other property of the Issuer, but shall constitute a first and prior lien only on the Net Revenues in the manner provided herein and in the Original Ordinance. (G) The estimated Net Revenues to be derived from the opera- tion of the System will be sufficient to pay all principal of and interest on the Parity Bonds and the 1996 Bonds, as the same become due, and to make all required Sinking Fund, Reserve and other payments required by this Ordinance and the Original Ordinance. (H) The Original Ordinance, in section 16(T) thereof, provides for the issuance of Additional Parity obligations under the terms, limitations and conditions provided therein. (I) The Issuer has complied with the terms, conditions and restrictions contained in the Original Ordinance. The Issuer is, therefore, legally entitled to issue the 1996 Bonds as Additional Parity obligations within the authorization contained in the Original Ordinance. (J) The 1996 Bonds herein authorized shall be on a parity and rank equally, as to lien on and source and security for payment from the Net Revenues and in all other respects, with the Parity Bonds. SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the 1996 Bonds authorized to be issued hereunder by those who shall hold the same .from time to time, this Ordinance and the Original Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. REFUNDED BONDS. ~UTH9RIZATION OF 1996 BONDS AND ~EFUNDING OF TH~ Subject and pursuant to the provisions hereof, obligations of the Issuer to be known as "Gas System Revenue Refunding Bonds, Series [to be determined]" herein defined as the It 1996 Bonds" are authorized to be issued in the aggregate principal amount of not exceedinq $8,500,000 to (i) finance the refunding of the Refunded Bonds, (ii) make a deposit to the Reserve Account in the Sinking Fund to satisfy the Reserve Requirement (or to purchase a debt service reserve fund policy or surety, as determined by resolution of the Issuer adopted prior to the issuance of any series of 1996 Bonds) and (iii) pay the costs of issuance of the 1996 Bonds. The refunding of the Refunded Bonds is hereby authorized in the manner provided herein. SECTION 6. D~SCRIPTION OF 1996 BONDS. The 1996 Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds and/or current Interest Bonds; shall be dated; shall be numbered; shall be in the denomination of $5,000 each or integral mul tiples thereof for the Current Interest Bonds and in $5,000 maturity amounts for the capital Appreciation Bonds or in $5,000 mul tiples thereof, or in such other denominations as shall be approved by the Issuer in a subsequent resolution prior to the delivery of the 1996 Bonds; shall bear interest at a fixed or floating rate not e~ceeding the maximum rate allowed by law, such interest to be payable semiannually on such dates and in such years and amounts; and shall mature on such dates and in such years, and in such amounts all as shall be fixed by resolution or ordinance of the Issuer adopted prior to the delivery of the 1996 Bonds. The 1996 Bonds are to be issued in one or more series, from time to time, either as construction or completion bonds, and if issued in more than one series, each series is to be separately designated as determined by resolution of the Issuer adopted prior to the issu- ance of any such series of 1996 Bonds. The 1996 Bonds shall be payable with respect to principal (and Compounded Amount in the case of Capital Appreciation Bonds) upon presentation and surrender thereof on the date fixed for maturity or redemption thereof at the office of the Bond Registrar; shall be payable in any coin or currency of the United states which at the time of payment is legal tender for the payment of public or private debts; and shall bear interest from such date, but not earlier than the date of the 1996 Bonds, as is fixed by subsequent resolution or ordinance of the Issuer, payable in accordance with and pursuant to the terms of the 1996 Bonds. Interest on the 1996 Bonds which are CUrrent Interest Bonds shall be paid by check or draft mailed to the Reqistered owners, at their addresses as they appear on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date for the 1996 Bonds (the "Record Date"), irrespective of any transfer of the 1996 Bonds subsequent to such Record Date and prior 6 to such interest payment date, unless the Issuer shall be in default in the payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the Registered OWners at the olose of business on a special record date for the payment of defaulted interest as established by notice mailed to the persons in whose names such 1996 Bonds are registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the 1996 Bonds may, at the option of any owner of 1996 Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. If the date for payment of the principal of, premium, if any, or interest on the 1996 Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, sunday or legal holiday or a day on which such banking insti tutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The 1996 Bonds may be issued or exchanged for 1996 Bonds in coupon form, payable to bearer, in such form and with such attri- butes as the Issuer may provide by supplemental resolutions, upon receipt of an opinion from a nationally recognized bond counsel that such issuance or exchange will not cause interest on the 1996 Bonds to be includable in gross income of the Holder for federal income tax purposes. SECTION 7. EXECUTION OF BONDS. The 1996 Bonds shall be executed in the name of the Issuer by its City Manager, counter- signed by its Mayor-commissioner and attested to by its city Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The 1996 Bonds shall be approved as to form and legal sufficiency by the City Attorney of the Issuer. The facsimile signatures of such officers may be imprinted or reproduced on the 1996 Bonds. The Certificate of Authentication of the Bond Registrar, hereinafter described, shall appear on the 1996 Bonds, and no 1996 Bond shall be valid or obliqatory for any purpose or be entitled to any security or benefit under this Ordinance unless such certificate shall have been duly executed on such 1996 Bond. The authorized signature for the Bond Registrar shall at all times be a manual signature. In case any officer whose signature shall appear on any 1996 Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such 7 delivery. Any 1996 Bonds may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bonds shall hold the proper office with the Issuer, although at the date of enactment of this Ordinance such person may not have held such office or may not have been so authorized. SECTION 8. NEGOTIABILITY AND REGIS~RATION. (A) NEGOTIABILITY. The 1996 Bonds shall be and shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida, and each successive Holder, in accepting any of the 1996 Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code Investment Securities of the State of Florida. (B) REGISTRATION AND TRAlISFER. There sha1l be' a Bond Regis- trar for the 1996 Bonds which shall be a bank or trust company located within or without the state of Florida. The Bond Registrar shall maintain the registration books of the Issuer and be respon- sible for the transfer and exchange of the 1996 Bonds. The Issuer shall, prior to the proposed date of delivery of the 1996 Bonds, by resolution designate the bank to serve as a Bond Registrar and Paying Agent. The Bond Registrar shall maintain the books for the registration of the transfer and exchange of the Bonds in compli- ance with an agreement to be executed between the Issuer and such bank as Bond Registrar on or prior to the date of delivery of the 1996 Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of the parties thereto. The 1996 Bonds may be transferred upon the registration books, upon delivery to the Registrar, together with written instructions as to the details for the transfer of such 1996 Bonds, along with the social security or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any 1996 Bond shall be effective until entered on the registration books maintained by the Registrar. In all cases of the transfer of the 1996 Bonds, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered 1996 Bond or 1996 Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the Registered OWner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. Any 1996 Bond or Bonds shall be exchangeable for a 1996 Bond or Bonds of the same maturity ~nd interest rate, in any authorized denomination, but in a prin- 8 cipal amount equal to the unpaid principal amount of the 1996 Bond or Bonds presented for exchange. Bonds to be exchanged shall be surrendered at the principal office of the Registrar, and the Registrar shall deliver in exchange therefor the 1996 Bond or Bonds which the Bondholder making the exchange shall be entitled to receive. The Issuer or the Registrar may charge the Registered Owner of such 1996 Bond for every such transfer or exchange an amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new 1996 Bond shall be delivered. All 1996 Bonds delivered upon transfer or exchange shall bear interest from such date that neither gain nor loss in interest shall result from the transfer or exchange. All 1996 Bonds presented for transfer I exchange, redemption or payment (if so required by the Issuer), shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Issuer and the Registrar duly executed by the Registered OWner or by his duly authorized attorney. SECTION 9. BONQS MUTILATED. DESTROYED. STOLEN OR LOS~. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substi- tution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer proof of his ownership thereof and satisfac- tory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as afore- said, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the source and security for payment from the funds, as herein- after pledged, to the same extent as all other Bonds issued hereunder. SECTION 10. BOOK ENTRY SYSTEM. Notwithstanding the provi- sions of Sections 7, 8 and 9 hereof, the Issuer may, at its option, 9 prior to the date of issuance of the 1996 Bonds, elect to use an immobilization system or pure book-entry system with respect to issuance of such 1996 Bonds, provided adequate records will be kept with respect to the ownership of such Bonds issued in book-entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as any Bonds are outstanding in book-entry form the provisions of Sections 7, 8 and 9 of this Ordinance shall not be applicable to such 1996 Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series 1996 Bonds. SECTION 11. fROVISIONS FOR REDEMPTIOij. The 1996 Bonds shall be subject to redemption prior to their maturity, at the option of the Issuer, at such times and in such manner as shall be fixed by resolution of the Issuer duly adopted prior to or at the time of sale of the 1996 Bonds. Notice of such redemption will be given by the Registrar (who shall be the Paying Agent for the 1996 Bonds, or such other person, firm or corporation as may from time to time be designated by the Issuer as the Registrar for the 1996 Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Owner of each 1996 Bond to be redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Registered Owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All 1996 Bonds or portions thereof so called for redemption will cease to bear interest after the specified redemp- tion date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any 1996 Bond for redemption in part only, the Issuer shall issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered Owner, a new 1996 Bond or 1996 Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. Whenever any 1996 Bonds shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such 1996 Bonds shall be canceled and, upon request of the Issuer, destroyed by the Bond Registrar. counterparts of the certificate of destruction evidencing any such destruction shall be furnished to the Issuer. SECTION 12. rORM OF THE 1996 BONDS. The text of the 1996 Bonds shall be in SUbstantially the followinq form with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this Ordinance or by any 10 subsequent ordinance or resolution adopted prior to the issuance thereof: (Form of 1996 Bond) No. $ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER GAS SYSTEM REVENUE REFUNDING BOND, SERIES [to be determined] Dated Date ttaturity Date ~ Rate of Interest Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the city of Clearwater, Florida (hereinafter called "City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at the rate of interest per annum set forth above until payment of such sum, such interest being payable , and semi- annually thereafter on the first day of and the first day of of each year. The princnpal of and premiua, if any, on this Bond are payable upon presentation and surrender here- of on the date fixed for maturity or redemption at the principal office of (the "Paying Agent") in , Flor ida, or at the off ice designated for such payment of any successor thereof. The interest on this Bond, when due and payable, shall be paid by check or draft mailed to the person in whose name this Bond is registered, at his address as it appears on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the City shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by 11 notice mailed by the Registrar to the Registered Holder ot the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the Bonds may, at the option of any owner of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. This Bond is one of a duly authorized issue of Bonds in the aggregate principal amount of $ of like date, tenor and effect, except as to number~nstallments, maturity and inter- est rate, issued to finance the cost of advance refunding the Gas System Revenue Bonds, Series 1991, pursuant to the authority of and in full compliance with the Constitution and laws of the state of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No. 5118-91, duly enacted by the Issuer on August 15, 1991, as supplemented by Ordinance No. -96, duly enacted by the Issuer on , 1996, as amended and supplemented (herein- 'after collectively called the "Ordinance"), and is subject to all the terms and conditions of such Ordinance. It is provided in the Ordinance that the Bonds of this issue will rank on a parity with the outstanding Bonds of an issue of Gas System Revenue Bonds, Series 1991, dated September 1, 1991 which are not refunded by the Bonds, the Gas System Revenue Bonds, Series 1994A, dated September 1, 1994, and the Gas System Revenue Bonds, Series 1996A, dated [July 1J, 1996, of the Issuer (the "parity Bonds"). This Bond and the Parity Bonds are payable solely from and secured by a first and prior lien upon and pledge of the Net Revenues, as defined in the Ordinance, which consists of the net revenues derived by the city from the operation of the System (the "Net Revenues") in the manner provided in the Ordinance. This Bond does not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the city, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political sub- division thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, except from the Net Revenues, in the manner provided herein. It is further agreed between the City and the Registered Holder of this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien upon the system, or any part thereof, or on any other property 12 of the city, but shall constitute a first and prior lien only on the Net Revenues, in the manner provided in the Ordinance. (INSERT REDEMPTION PROVISIONS) Bonds in denominations greater than $5,000 shall be deemed to be an equivalent number of Bonds of the denomination of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such may be redeemed, but Bonds shall be redeemed only in the principal amount of $5,000 or any integral multiple thereof. In the event any of the Bonds or portions thereof are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Registrar (who shall be the paying agent for the Bonds, or such other person, firm or corporation as may from time to time be designated by the city as the Registrar for the Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Holder of each Bond to be redeemed in whole or in part at the address shown on the regis- tration books. Failure to give such notice by mailing to any Registered Holder of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any Bond for redemption in part only, the City shall issue and deliver to the Registered Holder thereof, the costs of which shall be paid by the Registered Holder, a new Bond or Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking insti tutions in the city where the corporate trust office of the paying agent is located are autho- rized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. (To be inserted where appropriate on face of bond: "Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect as if set forth on this side.") In and by the Ordinance, the city has covenanted and agreed with the Registered Holders of the Bonds of this issue that it will fix, establish, revise from time to time whenever necessary, main- tain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the 13 system which will always provide revenues in each year sufficient to pay, and out of such funds pay, loot of all costs of operation and maintenance of the system in such year and all reserve and other payments provided for in the Ordinance and 125' of the bond service requirement due in such year on the Bonds of this issue, and on all other obligations payable on a parity therewith, and that such fees, rates, rentals and other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes. The City has entered into certain further covenants with the Holders of the Bonds of this issue for the terms of which reference is made to the Ordinance. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed prece- dent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the state of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform commercial Code Investment Securities of the state of Florida. The Bonds are issued in the form of fully registered bonds without coupons in denominations of $5,000 or any integral multiple of $5,000. Subject to the limitations and upon payment of the charges provided in the Ordinance, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the Registered Holder hereof in person or by his attorney duly autho- rized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and of authorized denomination or denomina- tions, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Holder of the Bonds to be trans- ferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social sec~rity number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer iden- tification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall enter the transfer of ownerShip in the registration books and shall authenticate and deliver in the name 14 of the transferee or transferees a ney fully registered Bond or Bonds of authorized denominations of the same Maturity Date and Rate of Interest for the aggregate principal amount which the Registered Holde~ is entitled to receive at the earliest practi- cable time in accordance with the provisions of the Ordinance. The City or the Registrar may charge the Registered Holder of such Bond for every such transfer or exchange of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Bond shall be delivered. The City may deem and treat the Registered Holder hereof as the absolute owner hereof (whether or not this Bond shall be over- due) for the purpose of receiving payment of or on account of prin- cipal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordi- nance until the certificate of authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be executed by the manual or facsimile signature of its City Manager and countersigned by the manual or facsimile signature of its Mayor-Commissioner, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by the manual or facsimile signature of its City Clerk, as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) City Manager Mayor-Commissioner ATTEST: city Clerk APPROVED AS TO FORM ~AL SUFFICIENCY: kl C:Lty Attorney 15 CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR This Bond is one of the Bonds of the issue described in the within-mentioned Ordinance. By Authorized signature Date of Authentication The followinq abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full accordlnq to applicable laws or regulations: TEN COM TENENT JT TEN - as tenants in common - as tenants by the entireties - as joint tenants with right of sur- vivorship and not as tenants in common UNIF TRANSFERS TO MIN ACT - (Cust. ) Custodian for under Uniform Minors Act of (Hinor) Transfers to (state) Additional abbreviations may also be used thouqh not in list above. 16 Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of the New York stock Exchange or a commercial bank or a trust company. NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signa- ture{s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particu- lar, without alteration or enlarqement or any change what- ever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. [End of Form of Bond] 17 SECTION 13. APPLICATIO~ OF P~OVISIONS OF ORIGINAL ORDI~~CS. The 1996 Bonds, herein authorized, shall for all purposes (except as herein expressly provided) be considered to be Additional Parity Obligations issued under the authority of the Original Ordinanoe, and shall be entitled to all the protection and security provided therein for the Parity Bonds, and shall be in all respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds. The covenants and pledges contained in the Qriginal Ordinance shall be applicable to the 1996 Bonds herein authorized in like manner as applicable to the Parity Bonds. The principal of and interest on the 1996 Bonds shall be payable from the Sinking Fund established in the Original Ordinance on a parity with the parity Bonds, and payments shall be made into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and interest on the Parity Bonds and the 1996 Bonds as such principal and interest become due. SECTION 14. APPLICATION OF 1996 BOND PROCEEDS. The proceeds, including accrued interest and premium, if any, received from the sale of any or all of the 1996 Bonds shall be applied by the Issuer as follows: (A) The accrued interest shall be deposited in the Interest Account in the Sinking Fund created in the Original Ordinance and shall be used only for the purpose of paying interest becoming due on the 1996 Bonds. (B) Unless provided from other funds of the Issuer on the date of issuance of any series of 1996 Bonds as set forth in Section 16(B) of the Original Ordinance, a sum equal to the Reserve Requirement for the 1996 Bonds shall be deposited in the subaocount in the Reserve AccoWlt in the Sinking Fund, herein created and established for the benefit of the 1996 Bonds, and shall be used only for the purposes provided therefor, or, if determined by subsequent resolution of the Issuer, a sum equal to the premium of a debt service reserve fund policy or surety provided in satisfac- tion of the Reserve Requirement for such series of 1996 Bonds. (C) Unless paid or reimbursed by the original purchasers of the 1996 Bonds, the Issuer shall pay all costs and expenses in oonnection with the preparation, issuance and sale of the 1996 Bonds. (D) A sum which, together with the other funds to be deposited pursuant to the Escrow Deposit Agreement, and the investment income to be derived therefrom, will be sufficient to pay, as of any date of calculation, the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same shall become due and or redeemable, shall be deposited pursuant to the Escrow Deposit Agreement. 18 .. . . . .... ~....." ...... ~ '" SECTION 15. SPECIAL OB~IGATIONS OF ~SSUER. The 1996 Bonds shall be special obligations of the Issuer, payable solely from the Net Revenues as herein provided. The 1996 Bonds do not oonstitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the state of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the state of Florida nor any political subdivision thereof nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the 1996 Bonds, the interest thereon or other costs incident thereto, or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein. The acceptance of the 1996 Bonds by the Holders from time to time thereof shall be deemed an agreement between the Issuer and such Holders that the Bonds and the indebt- edness evidenced thereby shall not constitute a lien upon the System, or any part thereof, or any other property of the Issuer, but shall constitute a first and prior lien only on the Net Reve- nues, in the manner hereinafter provided. The Net Revenues shall be immediately subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. The payment of the principal of and the interest on the 1996 Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues of the System, as defined herein, on a parity with the Parity Bonds and the Issuer does hereby irrevocably pledge such Net Revenues of the System to the payment of the principal of and the interest on the 1996 Bonds, for the reserves therefor and for all other required payments. SECTION 16. COVENANTS OF THE ISSUER. The provisions of Section 16 of the original Ordinance shall be deemed applicable to this Ordinance and shall apply to the 1996 Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 17. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHO~ CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the 1996 Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 18. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS O~ BONDS. The provisions of section' 18 of the original Ordinance shall be deemed applicable to this Ordinance and shall apply to the 1996 Bonds issued pursuant to this Ordinance as though fully restated herein. 19 SECTION 19. DEFEASANCE. The provisions of section 19 of the original Ordinance shall be deemed applicable to this Ordinance and shall apply to the 1996 Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 20. TAX COVENANT~. (A) The Issuer covenants with the Registered owners of each series of Bonds that it shall not use the proceeds of such series of Bonds in any manner which would cause the interest on such series of Bonds to be or become includable in the gross income of the Registered OWner thereof for federal income tax purposes. (B) The Issuer covenants with the Registered Owners of each series of Bonds that neither the Issuer nor any person under its control or direction will make any use of the proceeds of such series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such series of Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code and neither the Issuer nor any other person shall do any act or fail to do any act which would cause the interest on such series of Bonds to become includable in the gross income of the Registered OWner thereof for federal income tax purposes. (C) The Issuer hereby covenants with the Registered Owners of each series of Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from the gross income of the Registered Owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the u.S. Treasury pursuant to the Code. SECTION 21. GOVERNMENTAL REORGANI~ATION. The provisions of section 21 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the 1996 Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 22. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the security or the value of the 1996 Bonds. Such covenants may be set forth in a resolution adopted prior to or simultaneously with the sale of the 1996 Bonds and shall have the same effect as if such covenants were set forth in full in this Ordinance. SECTION 23. PRELIMINARY OFFICIAL STATEMENT. The distribution of a Preliminary Official statement relating to the 1996 Bonds is hereby approved in such form and substance as shall be approved by the Mayor and city Manager of the Issuer. The Mayor and the City Manager are hereby authorized to deem such Preliminary Official Statement as "final" within the meaning of Rule 15c-2-12 of the 20 Securities and Exchange commission, except for certain "permitted omissions" as defined in such rule. SECTION 24. ~EVERA~ILI1~. Ir anyone or more of the cove- nants, agreements, or pro'visions ot this Ordinance should be held contrary to any express provision or law or contrary to the policy of express law, though not expressly prohibited, or against public pOlicy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Ordinance or of the Bonds. SECTION 25. REPEAL OF INCON~ZST~ INSTRUMENTS. All ordi- nances or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 26. aFFECTIVE DATE. This Ordinance shall take effect immediately upon its enactment. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ENACTED May 16, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau city Clerk Approved as to form and legal sufficiency: pa€d~ Akin city Attorney 21 .."..,....~..(.;, ".. ,"',........,.' "'.' EXHIBIT A FORM OF ESCROW DEPOSIT AGREEMENT 22 ESCROW DEPOSIT AGREEMENT THIS ESCROW DEPOSIT AGREEMENT, dated as ot , 1996, by and between the CITY OF CLEARWATER, FLORIDA (the "Issuer"), and , a banking associa- tion organized under the laws of the [state of ] [United States of America], as Escrow Holder and its successors and assigns (the "Escrow HOlder"); W I 'T N E SSE T H: WHEREAS, the Issuer has previously authorized and issued obli- gations, hereinafter defined as "Refunded Bonds", as to which the Total Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the Issuer has determined to provide for payment of the Total Debt Service of the Refunded Bonds by depositing with the Escrow Holder an amount which together with investment earnings thereon is at least equal to such Total Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has authorized and is, concurrently with the delivery of this Agreement, issuing its Gas System Revenue Refunding Bonds, Series [To be determined], as defined herein; and WHEREAS, the execution of this Escrow Deposit Agreement and full performance of the provisions hereof shall defease and dis- charge the Issuer from the aforestated obligations; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Issuer and the Escrow Holder agree as follows: SECTION 1. Definitions. As used herein, the following terms mean: (a) "Agreement" means this Escrow Deposit Agreement. (b) "Annual Debt Service" means the interest and principal on the Refunded Bonds coming due in such year as shown on Schedule A attached hereto and made a part hereof. (c) "Bonds" means the $ Florida, Gas System Revenue Refunding determined], issued under the Ordinance. City Bonds, of Clearwater, Series [to be (d) "Escrow Account" means the account hereby created and entitled Escrow Account established and held by the Escrow Holder pursuant to this Agreement, in which cash and investments will be held for payment of the principal of, premium, it any, and accrued interest on the Refunded Bonds as they become due and payable. (e) "Escrow Holder" means having its primary corporate trust 0111C8 in , and its successors and assigns. , , (f) "Escrow Requirement" means, as ot any date of caloula- tion, the sum of an amount in cash and principal amount of Federal Securities in the Escrow Account which together with the interest to become due on the Federal Securities will be sufficient to pay the Total Debt Service on the Refunded Bonds in accordance with Schedule A. (g) "Federal Securities" means any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed as to full and timely payment by, the United states of America, none ot which permit redemption or prepayment prior to the dates on which such Federal Securities shall be applied pursuant to this Agreement. The term "Federal Securities" shall not include money market funds or mutual funds invested in obligations described in this definition. (h) "Issuer" means the city of Clearwater, Florida, and its successors and assigns. (i) "Ordinance" means Ordinance No. -96, enacted by the governing body of the Issuer on , 1996, as amended and supplemented, authorizing issuance of the Bonds. (j) "Refunded Bonds" means the bonds outstanding of the Issuer's Gas System Revenue Bonds, Series 1991, dated september 1, 1991, which amy be redeemed prior to the maturity date thereof or which mature within 90 days of the date of issuance of the Bonds. (k) "Total Debt Service" means the sum of the principal, premium and interest remaining unpaid with respect to the Refunded Bonds in accordance with Schedule A attached hereto. SECTION 2. Deposit of Funds. The Issuer hereby deposits $ with the Escrow Holder for deposit into the Escrow Account, ~mmediately available funds, which funds the Escrow Holder acknowledges receipt of, to be held in irrevocable escrow by the Escrow Holder separate and apart from other funds of the Escrow Holder and applied solely as provided in this Agreement. $ of such funds are being derived from proceeds of the Bonds. $ of such funds are being derived from legally available funds of the Issuer. The Issuer represents that such securities and funds are at least equal to the Escrow Requirement as of the date of such deposit. " '. . . ... ,~"".""",,,.."."_. .-.. ...,. .. SECTION 3. Use and Invest~ent ot Fundi. The Escrow Holder acknowledges receipt of the sum described 1n section 2 and agrees: (a) to hold the funds and investments purchased pursuant to this Agreement in irrevocable escrow durinq the term of this Agree- ment for the sole benefit of the holders ot the Refunded Bonds; (b) to immediately invest $ of such funds derived from the proceeds of the Bonds in the Federal Securities set forth on Schedule C attached hereto and to hold such securities and $ of such funds in cash in accordance with the terms of this Agreement; (c) in the event the securities described on Schedule C cannot be purchased, substitute securities may be purchased with the consent of the Issuer but only upon receipt of verification from an independent certified public accountant that the cash and securities deposited will not be less than the Escrow Requirement and only upon receipt of an opinion of Bryant, Miller and Olive, P.A., that such securities constitute Federal Securities for purposes of this Agreement; (d) there will be no investment of funds except as set forth in this section 3 and except as set forth in Section 5. SECTION 4. Payment of Bonds and ExPenses. (a) ~efunded Bond~. On the dates and in the amounts set forth on Schedule A, the Escrow Holder shall transfer to First Union National Bank of Florida, Jacksonville, Florida, the Paying Agent for the Refunded Bonds (the .Paying Agent"), in immediately available funds solely from amounts available in the Escrow Account, a sum sufficient to pay that portion of the Annual Debt Service for the Refunded Bonds coming due on such dates, as shown on Schedule A. (b) Expense~. On each of the due dates as shown on Schedule B, the Escrow Holder shall pay the portion of the expenses coming due on such date to the appropriate payee or payees designated on Schedule B or designated by separate certificate of the Issuer. (c) ~. After making the payments from the Escrow Account described in Subsection 4(a) and (b) above, the Escrow Holder shall retain in the Escrow Account any remaininq cash in the Escrow Account in excess of the Escrow Requirement until the termi- nation of this Aqreement, and shall then pay any remaininq funds to the Issuer. (d) ~ty of Payments. The holders of the Refunded Bonds shall have an express first priority security i.nter~.~t in.the funds. __ _. and Federal Securities in the Escrow Account until such funds and 3 Federal Securities are used and applied as provided in this Agree- ment. SECTION 5. ~nvestment. (a) Except as provided in Section 3 and in this section, the Escrow Holder shall have no power or duty to invest any funds held under this Aqreement or to sell, transfer or otherwise dispose of or make substi tutions ot the Federal Securities held hereunder. (b) At the written request of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Holder shall sell, transfer or otherwise dispose of any of the Federal Securi- ties acquired hereunder and shall substitute other Federal Securi- ties and reinvest any excess reoeipts in Federal Securities. The Issuer will not request the Escrow Holder to exercise any of the powers described in the preceding s~ntence in any manner which, will cause interest on the Bonds to be included in the gross income of the holders thereof for purposes of Federal income taxation. The transactions may be effected only if (i) an independent certi- fied pUblic accountant selected by the Issuer shall certify or opine in writing to the Issuer and the Escrow Holder that the oash and principal amount of Federal Securities remaining on hand after the transactions are completed will, assuming no reinvestment earn- ings, be not less than the Escrow Requirement, and (ii) the Esorow Holder shall receive an opinion from a nationally reoognized bond counsel acceptable to the Issuer to the effect that the transac- tions, in and by themselves will not cause interest on such Bonds to be included in the gross income of the holders thereof for pur- poses of Federal income taxation and such substitution is in com- pliance with this Agreement. Subsection 4(c) above notwithstand- ing, cash in excess of the Escrow Requirement caused by substitu- tion of Federal Securities shall, as soon as practical be paid to the Is'suer. Notwi thstanding any provision of this Agreement to the contrary, no forward purchase agreement shall relatinq to the securities held hereunder shall be executed unless Moody's Investors service, Inc. shall have confirmed that such agreement shall not adversely affect the rating, then outstanding, if any, on the Refunded Bonds. SECTION 6. Redemption or Acceleration of Maturtu. The Issuer will not accelerate the maturity of, or exercise any option to redeem before maturity, any Refunded Bonds, except as set forth on Schedule A attached hereto. SECTION 7. Indemnity. To the extent permitted by law, the Issuer hereby assumes liability for, and hereby agrees to indem- nify, protect, save and keep harmless the Escrow Holder and its respecti ve successors, assigns, agents and servants, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disburse- ments (including re-asonable'legal fees-and-disbursements)-"of what- - soever kind and nature which may be imposed on, incurred by, or 4 asserted against at any time, the Escrow Holder (whether or not also indemnified against the same by the Issuer or any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Agreement, the establishment of the Escrow Account established hereunder, the acceptance of the funds and securities deposited therein, the pur- chase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof and any payment, transfer or other application of funds or securities by the Escrow Holder in accordance with the provisions of this Agreement; provided, how- ever, that the Issuer shall not be required to indemnify the Escrow Holder against its own negligence or willful misconduct. In no event shall the Issuer be liable to any person by reason of the transactions contemplated hereby other than to the Escrow Holder as set forth in this section. The indemnities contained in this section shall survive the termination of this Agreement. The Escrow Holder shall not be liable for any deficiencies in the amounts necessary to pay the Escrow Requirement. Furthermore, the Escrow Holder shall not be liable for the accuracy of the calcula- tion as to the sufficiency of money. and the principal amount of Federal Securities and the earnings thereon to pay the Escrow Requirement. SECTION 8. Respons:!J21U ties of Escrow HoJ.~. The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and deliv- ery of this Agreement, the establishment of 'the Escrow Account, the acceptance of the funds deposited therein, the purchase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof or for any payment, transfer or other application of moneys or securities by the Escrow Holder in accordance with the provisions of this Agreement or by reason of any non-negligent or non-willful act, omission or error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be responsible for its negligent or willful failure to comply with its duties required hereunder, and its negligent or willful acts, omissions or errors hereunder. The duties and obli- gations of the Escrow Holder may be determined by the express pro- visions of this Agreement.. The Escrow Holder may consult with counsel, who mayor may not be counsel to the Issuer, at the Issuer's expense and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or estab- lished prior to taking, SUffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer. SECTION 9. ~gnation of Escrow HQ1~er. The Escrow Holder may resign and thereby become discharged from the duties and obli- 5 gations hereby created, by notice in writing given to the Issuer, any rating agency then providing a rating on either the Refunded Bonds or the Bonds, and the Paying Agent for the Refunded Bonds not less than sixty (60) days before such resignation shall take effect. Such resignation shall not take effect until the appoint- ment of a new Escrow Holder hereunder. SECTION 10. ~emovat of Escrow Hol~. (a) The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less than fifty-one percentum (51%) in aggregate principal amount of the Refunded Bonds then outstanding, such instruments to be filed with the Issuer, and notice in writing given by such holders to the original purchaser or purchasers of the Bonds and published by the Issuer once in a newspaper of general circulation in the territorial limits of the Issuer, and in a daily newspaper or financial journal of general circulation in the city of New York, New York, not less than sixty (60) days before such removal is to take effect as stated in said instrument or instruments. A photographic copy of any instrument filed with the Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow Holder. (b) The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Holder by any court of competent jurisdiction upon the application of the Issuer or the holders of not less than five percentum (5%) in aggregate principal amount of the Bonds then out- standing, or the holders of not less than five percentum (5') in aggregate principal amount of the Refunded Bonds then outstanding. (c) The Escrow Holder may not be removed until a successor Escrow Holder has been appointed in the manner set forth herein. SECTION 11. Successor Escrow Holder. (a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved or otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department or board, the position of Escrow Holder shall thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Issuer shall immediately appoint an Escrow Holder to fill such vacancy and upon such appointment, all assets held hereunder shall be transferred to such successor. The Issuer shall either (i) pUb- lish notice of any such appointment made by it once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Issuer and in a daily newspaper or financial journal of general circulation in the City 6 of New York, New York, or (ii) mail a notice of any such appoint- ment made by it to the Holders of the Refunded Bonds within thirty (30) days after such appointment. (1:>) At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of the Bonds then outstanding or a majority in principal amount of the Refunded Bonds then outstanding, by an instrument or concurrent instruments in writing, executed by either group of such bond- holders and filed with the governing body of the Issuer, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the bondholders. In the case of conflicting appointments made by the bondholders under this paragraph, the first effective appointment made during the one year period shall govern. (c) If no appointment of a successor Escrow Holder shall be made pursuant to the foreqoing provisions of this Section, the holder of any Refunded Bonds then outstanding, or any retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. (d) Any corporation or association into which the Escrow Holder may be converted or merged, or with which it may be consoli- dated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party, ipso facto, shall be and become successor Escrow Holder hereunder and vested with all the trust, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any parties hereto, anything herein to the contrary notwithstanding, provided such successor shall have reported total capital and surplus in excess of $15,000,000, pro- vided that such successor Escrow Holder assume in writing all the trust, duties and responsibilities of the Escrow Holder hereunder. SECTION 12. Payment to Escrow Holder. The Escrow Holder hereby acknowledges that it has agreed to accept compensation under the Agreenent in the sum of $ , payable , for services to be performed by the Escrow Holder pursuant to thfs Agreement, plus out-of-pocket expenses to be reimbursed at cost from legally available funds of the Issuer. The Escrow Holder shall have no lien or claim against funds in the Escrow Account for payment of Obligations due it_under this section. SECTION 13. Term. This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded Bonds have been paid and discharged in accordance with the proceedings authorizing the Refunded Bonds, except as provided in Section 7. SECTION 14. ~. If anyone or more of the cove- nants or agreements provided in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, notice of such event shall be sent to Moody I s Investors Service at the address set forth in Section 15, but such covenant or agreements herein contained shall be null and void and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 15. Amendments to thJ.s Agreement. This Agreement is made for the benefit of the Issuer and the holders from time to time of the Refunded Bonds and the Bonds and it shall not be repealed, revoked, altered or amended in whole or in part without the written consent of all affected holders, the Escrow Holder and the Issuer; provided, however, that the Issuer and the Escrow Holder may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for anyone or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant to, or confer upon, the Escrow Holder, for the benefit of the holders of the Bonds and the Refunded Bonds any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Holder; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Holder shall, at its option, be entitled to request at the Issuer's expense and rely exclusively upon an opinion of nationally recognized attorneys on the subject of municipal bonds acceptable to the Issuer with respect to compliance with this Section, including the extent, if any, to which any change, modifi- cation, addition or elimination affects the rights of the holders of the Refunded Bonds or that any instrument executed hereunder complies with the conditions and provisions of this Section. Prior written notice of such amendments, together with proposed copies of such amendments shall be provided to Moody's Investors Service, Inc., Public Finance Rating Desk/Refunded Bonds, 99 Church street, New York, New York 10007. 8 SECTION 16. counterpart~. This Aqreement may be executed in several counterparts, all or any of which shall be regarded tor all purposes as one original and shall constitute and be but one and the same instrument. SECTION 17. ~overn!ng ~aw. This Agreement shall be construed under the laws of the state of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their corporate seals to be hereunto affixed and attested as of the date first above written. CITY OF CLEARWATER, FLORIDA (SEAL) Mayor-commissioner ATTEST: city Clerk .' ~ Approved as to form and legal sufficiency: city Attorney [ESCROW HOLDER] (SEAL) By Title: ATTEST: Title: 9 , " - 'f' . '.:. .... SCHEDULE A TOTAL DEBT SERVICE FOR i I I I 1 i , I I I I CITY OF CLEARWATER, FLORIDA GAS SYSTEM REVENUE BONDS SERIES 1991 [Schedule Attached] i' : I ~ f ! , I I I I I j I I I ; f \ I I I I . . i I ! I , I I I I I I l SCHEDULE B EXPENSES TO BE PAID BY ESCROW HOLDER JoIame of Paye~ Amount, NONE I i J l i f 5 1 I i ! ',; , ~' SCHEDULE C SCHEDULE OF FEDERAL SECURITIES 'i' i' it' '... ~~"i' ,,';. . j~~~1..::~:~./"f:.:;'~ ":::,: , . -,: .' 'i:' .. :i- .Jt ; .', r i Item # 25 '.:; .. x ~S f)'K r_~.~. 19-~ r I 'f , ~i, ~ ..,q:""'It..;;';":'~:~:l#;';;~~~~ -,,' I f i , '1 J , ':.{ i " ~ } " , I '; j ,\ ! '. F j;z 0' t 1, . ;! '~~ . :1 ;:f -'i \\ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.232, CODE OF ORDINANCES, TO CHANGE THE COMPOSITION OF THE PARKS AND RECREATION BOARD FROM NINE MEMBERS TO SEVEN MEMBERS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CllY OF CLEARWATER, FLORIDA: ) C-. ~~ & .~.90 i i I , ., :i , I i .~ ~ 1 ~ l, I i 1 , I ! ~ Section 2.232, Code of Ordinances, is amended to rea.d as follows: Sec. 2.232. Composition. The parks and recreation board shall consist of seven RiRe members. ~ This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 16. 1996 PASSED ON SECOND AND FiNAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Attest: MU , ., Cynthia E. Goudeau, City Clerk Pamela K. Akin, City Attorney Ordinance No. 6031-96 'dCp I i u i i }, i -- ~ ~ 1 i!. 'j ~ I ij ~ f J , ; , 1 I AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO REGISTRATION OF LOBBYISTS, AMENDING SECTION 2.700, CODE OF ORDINANCES, TO DELETE DEPARTMENT HEADS FROM THE DEFINITION OF STAFF; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ~ Section 2.700, Code of Ordinances, is amended in part to read as follows: Sec. 2.700. Definitions. * '* * * * * Staff means the City Manager, the Deputy City Manager, the Assistant City Manager; aru:t the City Attorney. and all department heads. In addition, staff shall mean any consultants, other than attorneys, hired by the City. ~ This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 16, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Attest: d/t-iL Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Ordinance No. 6047-96 FN.j Clearwater City Commission Agenda Cover Memorandum ,'~.. ,} .:...~ f Item II: Meeting Date: ~,G' Cf~ SUBJECT: Request For Authority To Settle Liability Claim of Spottis Woode Homeowners Association, Inc., a Florida Corporation RECOMMENDATION/MOTION: Approve a proposed settlement in the total amount of $27,859.00 with Claimant, Spottis Woode Homeowners Association, Inc., a Florida corporation, for damages to a brick wall that was damaged when struck by a City solid waste vehicle. 00 and that the appropriate officials be authorized to execute same. BACKGROUND: · On June 20, 1995, while maneuvering to exit the Spottis Woode Subdivision located just off of Druid Road, a Solid Waste vehicle struck an old brick wall of historical significance and damaged the wall extensively. Final estimates for repair of this wall were received irom Spottis Woode Homeowners' Association on April 23, 1996. The plans for repair of the wall have now been approved by appropriate City staff. · City funds totaling $1,044.39 have already been expended as a result of this claim. The City hired a private engineering firm as a consultant to determine the extent of damages to the wall. The consultant determined that, "the deflected section of the structure will need to be removed and reconstructed to restore it to its original integrity." The estimates provided by Spottis Woode Homeowners Association will replace the destroyed section of the wall. · If Commission approval to settle this claim is granted, the City will prepare and deliver two checks in settlement of this claim totaling $27,859.00. One check in the sum of $ 20,482.50 will be prepared and sent to the Spottis Woode Homeowners Association's insurer, Hartford ITT, for reimbursement of its subrogation claim, and a check for the balance totaling $7,376.50 will be prepared and sent to Spottis Woode Homeowners Association, Inc. for the amount of the loss not covered by its insurance. · Approval of this settlement is recommended by the City's Claims Committee. Reviewed by: legal Budget Purchasing Risk Mgmt. IS ACM Other Originating Department: FINANCE l../y\ ~ User De~artment: Costs: $27,859.00 Total $27,859.00 Current Fiscal Vear Commission Action: o Approved o Approved w/Conditions o Denied o Continued to: t< Advertised: Date: Paper: o Not Required Affected Parties: o Notified o Not Required Funding Source: o Capital Improvement: o Operating: o Other: CIF Attachments: SUbm;ed~ C;IY~er Appropriation Code 590-07000-545900-519-000 o None o Printed on recycled paper ~ ~ . } - .. -~._-_..:.....,~._- ~;-~--~ - .......~..": . ",,",' -'. t . . d~ c;,'0.ere; jC\S 1- Item #: Clearwater City Commission Agenda Cover Memorandum Meeting Date: SUBJECT: CSX TRANSPORTATION AGREEMENT #CSXT 025944 RECOMMENDATION/MOTION: Approve a Pipeline Crossing Agreement between the City and CSX Transportation, Inc., Jacksonville, FL, in order to secure a natural gas easement across CSXT's right-of-way in Safety Harbor, Fl, at a cost of $1,225.00, lEI and that the appropriate officials be authorized to execute same. BACKGROUND: . Clearwater Gas System needs to upgrade a gas main under the CSX Transportation (CSXT) railroad tracks. This standard Pipeline Crossing Agreement is necessary to secure the easement across CSXT's property. . The purpose of the upgrade is to install a larger four inch (4") high pressure gas main in order to provide reliable gas service to National Linen, our second largest gas customer, in Safety Harbor. . National Linen is currently served off a 2" Black Iron Wrap (BIW) low pressure gas main which was installed in 1962. National Linen was not located in Safety Harbor when the original main line was installed. . National Linen moved their operation from Douglas Avenue in Dunedin during the late 1970's. . National Linen has steadily increased the number of gas burning appliances. . During the winter National Linen drops our gas main line pressure from 59 pounds to less than 35 pounds when their plant fires up each morning. This will be corrected with the new four inch (4") high pressure gas mam. . CSX Transportation, Inc. requires all applicants to pay a fee when submitting the agreement. The fee for this permit application is $1,225.00, which is a one-time License fee. "- Reviewed by: Legal Budget Purchasing Risk Mgmt. IS ACM Other Nt A Originating Department: ()"V Cleal"Nater Gas System \:) Commission Action: o Approved o Approved with Conditions o Den ied o Continued to: Costs: User Department: Cleal"Nater Gas System $1,225.00 Total $1,225.00 Current Fiscal Year Funding Source: o Capital Improvement: IBl Operating: o Other: Advertised: Date: "". Paper: [&] Not Required Affected Parties o Notified [&] Not Required o None Attachments: CSX Agreement location Map Appropriation Code 341-96301- 560700-532-000 Submitted by: ?7- . _/J~_ .. /f.<?%;:.t) /' ./ City Mar(ager o Printed on recycled paper . ...... _____~____.._ __.0.-..,..._ _ M~':.*, -~. ,~, ~. ...,,'. . . t i Q I I .t w ~ 11' ---.. ..... - C/) i CIC 2 ~ 0) ~ c;;;, i j , .........-.. '"") " '0. lr '\ ! ~\ J .011 ~ ~-r---1 wi, , . = I i I ~ \ 0/\ -..t--~ i ~ ~ ~ ! I ~ 'OW 1>0'01 Ii .. 'OW ~Ut '011 ~1)' , !'at I . ~ Q . Q 0 . j Oi ~,t;' ~, o' 0 I 7,{' ~ . :( . . j l, I t ~ P~..) " . 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CSXT Form 2037-G - Page I Revised April 1995 ~ Agreement No. CSX-025944 PIPELINE CROSSING AGREEMENT THIS AGREEMENT, Made as of May 6, 1996, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor" and CLEARWATER GAS SYSTEM, a municipal corporation, political subdivision or state agency, under the laws of the State of FL, whose mailing address i.s 400 North Myrtle Avenue, Clearwater, FL 34615, hereinafter called "Licensee", WITNESSETH: WHEREAS, Licensee desires to construct and maintain a certain pipeline or duct work, solely for the transmission of natural gas, hereinafter called "Pipeline" under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinel1as, State of Florida, Valuation Station 957+31, Milepost SY-866.80, Yeoman Subdivision, hereinafter called the "Crossing"; as shown on print of Licensee's Drawing JL025944, dated April 8, 1996, attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as indicated on Licensee's Application Form, dated April 18, 1996, also attached hereto and made a part hereof: NOW, THEREFORE, in consideration of the mutual covenants, condi tions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and per/nit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above solely for the use stated above, for the term herein stated, and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. . 1.3 No additional Pipeline or \Hreline or other facilities shall be I :'.~'./"", ,".' -. --..,~ -:-----:-;----..- --.- -~. ~-~"...-- ''':'0'; ,'~ '.\' t .' ' o~, l' " CSXT Form 2037-G - Page 2 Revised April 1995 ~ Agreement No. CSX-025944 placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. 2. LICENSE FEE; TERM: 2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of ONE THOUSAND TWO HUNDRED TWENTY FIVE AND 00/100 U.S. DOLLARS ($1,225.00) upon execution of this Agreement. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Pipeline or Crossing. 2.3 Effective Date of this Agreement shall be the date first written above. License shall be revocable only in the event of Licensee's default, as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for the purpose (s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having jurisdiction over the Cross ing or Pipeline. 3.2 Location and construction of Pipeline shall be made stric tly in accordance with design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's track(s). 3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. CSXT Form 2037-G - Page 3 Revised April 1995 ~ Agreement No. CSX-025944 . .-." '- ~";""'''''-_.~-''~,-.. ----:----- ~.,.~_..--- . - .' .' .',' .. ..... " ", - . 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protec t or safeguard its property, rail operations, equipment and/or employees from damage or ~nJ ury , may reques t immediate repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make or from improper or incomplete repairs or maintenance of Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 CFR 1926. 65l(b), et a1.), and State "One Call" -"Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibili ty for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or eKpenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) Backfill with satisfactory material and thorour.hly tamp all CSXT Form 2037-G - Page 4 Revised April 1995 ~ Agreement No. CSX-025944 trenches to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction of Pipeline, Licensee shall: (A) Licensor; and Restore said track( s), roadbed and other dis turbed property of (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 6. TRACK CHANGES: 6. I In the event that Licensor's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. 7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. After approval the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: :- <~ ~ ," ~---_.-...------_......- -- --. .~~ '."',.":' .,.... . ;":'..; , . " ' >>,' CSXT Form 2037-G - Page 5 Revised April 1995 ~ Agreement No. CSX-025944 8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensor's cornrnunica tion, signal or other wires, powerlines, train control system, or facilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole line (s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Pipeline or its insulation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK; LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify and save Licensor harmless from and against any and all liability, loss, claim, sui t, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, ope rat ions, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the fault or negligence of Licensor. 9.2 Use of Licensor's right-of-way involves certain risks of loss or damage as a result of Licensor's rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, fire or derailment arising out of Licensor's rail operations. For this Section, the term "Licensee's Property" shall include pipe contents as well as property of third parties situated or placed upon Licensor's right-of-way by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which may result [rom Licensee's failure to maintain either the Pipeline or the required depth and encasement for Pipeline. CSXT Form 2037-G - Page 6 Revised April 1995 ~ Agreement No. CSX-025944 9.4 To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (n) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage, etc. 9.5 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control or are controlled by or subsidiaries of or are affiliated with Licensor, and their respective officers, agents and employees. 9.6 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability Insurance (CGL) , naming Licensee as insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION DOLIARS ($3,000,000) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently recommended as a prudent limit to protect Licensee's assumed obligations. 10.2 If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s) I may self-insure or self-assume, in any amount(s), any contracted liabili ty arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 10.5 In the event that Licensee or its agents or contractor(s) shall perform construction or demolition operations within fifty feet (50') of any CSXT Form 2037-G - Page 7 Revised April 1995 ~ Agreement No. CSX-025944 operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall (a) notify Licensor and (b) pay to Licensor the sum of U.S.DOLLARS ($NjA) I to cover the cost of adding this Occupancy (Crossing) to Licensor's Railroad Protective Liability (RPL) Policy for any period of actual construction or demolition. 11. GRADE CROSSINGS: FLAGGING: ll.l Nothing herein contained shall be construed to permit Licensee, or any contractor of Licensee, to move any vehicles or equipment over track(s) of Licensor I except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). ll.2 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others on Licensor's right-of-way, and to keep persons, equipment and materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. ll.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or supervisors, during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense~ and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. L1CENSOR'S COSTS: l2.l Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of Track Changes or Pipe Changes shall also be paid by Licensee. l2 .2 Licensor's expense for wages (" force account" work) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate(s). 12.4 All undisputed bills or portions of bills not paid within said thirty (30) days shall thereafter accrue interest at twelve percent (l2%) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVER: CSXT Form 2037-0 - Page 8 Revised April 1995 ~ Agreement No. CSK-025944 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or to remedy any breach, within thirty (30) days after receiving a written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of license fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of any breach of covenant or condition shall not be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of: (a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor's Division Engineer (5656 Adamo Drive, Tampa, FL 33619-3240) at least five (5) days' written notice before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address above, c/o CSXT Contract Administration, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be effective upon (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: CSXT Form 2037-G - Page 9 Revised April 1995 ~ Agreement No. CSX-025944 16.1 The rights herein conferred are the privilege of Licensee only, and Licensee shall obtain Licensor's prior wri tten consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensee expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensee's underlying property interests in the Crossing, upon notice thereof to Licensor. 16.5 In the event of any unauthorized sale, transfer, assiglunent, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by written notice to Licensee or any such assignee; and Licensee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of Licensee's failure to obtain said consent. 17. TITLE; LIENS, ENCUMBRANCES: 17.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by Licensee's Pipeline, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.2 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of Licensee's Pipeline. l7.3 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances \l1ith respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of Licensee's Pipeline in or on any portion of the Occupancy (collectively, "Liens or Encumbrances"), to be established or remain against the Occupancy or any portion thereof or any other Licensor property. 17.4 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Lien or Encumbrances has been filed or docketed against the Occupancy or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: .~,"~. , CSXT Form 2037-G - Page 10 Revised April 1995 ~ Agreement No. CSX-025944 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provlslon hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Neither the form of this Agreement. nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable federal, state, county, municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition. covenant or agreement) hereof shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline and Crossing is located. 19. RIDERS: The following Rider(s) is/are herewith attached and included herein: [] Open-cut or tunneling construction limits [X] Telecommunication Cable or Fiber Optic line IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) the date first above . CSXT Fonn 2037-0 - Page t I Revised April 1995 Agrcemcnt No. CSX-025944 written. Witness for Licensor: CSX TRANSPORTATION, INC.. By: PrintfType Name: PrintfType Title: Witness for Licensee: Countersigned: CITY OF CLEARWATER, FLORIDA Rita Garvey, Mayor-Commissioner Elizabeth M. Deptula, City Manager Approved as to fonn and legal sufficiency: Attest: Cynthia E. Goudeau, City Clerk John Carassas Assistant City Attorney (': . COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER d~ 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent , representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCl") Mr. Greg Solomon R & U Planning MCr Telecommunications Corporation 400 International Parkway Richardson, TX 75081 Dept. l187/041 Phone No. (800) 624-9675 (NOTE: WRITTEN CONSENT OF MeI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cab1e(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). Licensor: (Initial) (Date) Licensee: (Initial) (Date) M~~ Clearwater City Commission Agenda Cover Memorandum Q I tern # ~ J Heeting Date: 0.(P.q& SUBJECT: Clearwater Ferry Service, Inc. License and Agreement - Seventh Amendment RECOMMENDATION/MOTION: Approve the seventh amendment to the Clearwater Ferry Service, Inc. License and Agreement, which will amend the Minimum Routing Schedule, (EXhibit B), so that the operation of the ferry service will be on an as-need and on-call basis 1m and that the appropriate officials be authorized to execute same. .... SUMMARY: * On August 2, 1989, the city entered into a License and Agreement with Clearwater Ferry Service, Inc. to operate a commercial ferry service in Clearwater Harbor from the Drew street Dock. * The Minimum Routing Schedule on the original License and Agreement called for the ferry service to be evaluated at the completion of the first four months of operation and at the completion of eight months of operation. * On September 20, 1990, the City commission approved the second amendment to the License Agreement, which allowed the ferry service to be ev~luated annually by the city Manager. * The annual review of the ferry service over the years has shown very little ridership. Last year, a total of 26 passengers used the ferry service from the beach to Drew street or from Drew street to the beach. * Mr. Phil Henderson, President of the Clearwater Ferry Service, has requested that the License and Agreement be amended to on call as needed for the ferry boat service. * staff recommends approval of this amendment to the Minimum Routing Schedule for the ferry service. 5t? N/A N/A N/A N/A Originating Dept: Mad ne Costs: S n/a Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other Total Commission Action: [] Approved [] Approved w/conditions [] Denied D Continued to: User Dept: $ nfa Current Fiscal Yr. Marine Flnding Source: o Capital Imp. o Operat in9 o Other SlbIitted by: I ?-~ ,..' t' el ty Manager . Advertised: Date: nla Paper: n/a ll3I Not Requi red Affected Parties o Notified ~ Not Requi red Appropriation Code: A ttachmcnts: 1. Letter from Mr. Phil Henderson. 2. Seventh Amendment to License and Agreement. 3. Exhibit B to License and Agreement. 4. Summary of Amendrncnts for Clearwater Ferry Service. D None o Printed on recycled paper . OJ CLEARWATER RRY C'T" ',r . -. -,',. .~-? ~ "" ' ., APR 1 5 1996 HARtjUHM1'\\> 1l:11~ UrrlCE April 15, 1996 William Held Harbor Master City of Clearwater Clearwater, Fl 34630 Dear Bill: The ferry service between the mainland and Clearwater beach began in 1990. The service was started after a study determined there was a transportation need for people to get between the beach and downtown. At that time a trolly system was ruled out. Today we have a very fine Trolley system subsidized by the city of Clearwater. This makes a non-subsidized boat ferry service an unrealistic option for me and for the public. As reflected in my annual report for last year (attached) we carried a total of just 18 ferry service passengers between the beach and downtown. In view of the above factors I would like to amend my ferry service contract to make the ferry boats available on call as needed. This would include, but not to be limited to, such things as; Harborview support, bridge closures (eKample Clearwater Pass bridge shutdown) and other local needs. I will continue to maintain the building and dock as needed until the city takes ownership January 20, 2000 of the 300,000.00 fixed improvements I originally put in. I currently use the location as a staging area for our Tarpon Springs eKcursion and other charters. P.O, BOX 3335, CLEARWATER BEACH, FLORIDA 34630 TELEPHONE: (813) 442.7433 FAX: (813) 446.4814 ,. . -../" ~;~~<' ! ,'.,',."," CLEARWATER RRY In addition, the original contrast provided three slips for the ferry boats in the beach marina at no cost to me. This was part of the package that requires me to deliver all the fixed improvements of the ferry service location to the city of Clearwater. All the boats have been relocated to paying slips at the marina. This has allowed the marina to rent the slips we previously occupied. This way there is no cost to the city incured by the ferry service, through the remainder of my contract. Your favorable consideration to this request will be greatlY appreciated. Cordially, P.O. BOX 3335, CLEARWATER BEACH, FLORIDA 34630 TELEPHONE: (813) 442-7433 FAX: (813) 446-4814 .... -.-.... --. ...--" . -:- .~, -- .~ ..' . .' :~~;e . . ., ('..~LEARWATER '-....- RRY The following is a list of toe number of passengers who went either from the beach to Drew Street or from Drew Street to the beach, and did not participate in any of our cruises. CHART ONE One Way Round Tri~ Total September (94) 02 04 06 October (94) 02 04 06 November (94) 03 00 03 Dec~mber (94) 00 00 00 I January (93) 00 00 00 I I i February (9~) 00 00 00 ! 1 March (95) 10 00 10 I . I I April (95) 00 00 00 ! i May (95) 00 00 00 June (95) 01 00 01 July (95) 00 00 00 August (95) 00 00 00 TOTAL 18 8 26 P.O. BOX 3335, CLEARWATER BEACH, FLORIDA 34630 TELEPHONE: (813) 442.7433 FAX: (813) 446.4814 SEYENTH AMENDMENT TO LICENSE AND AGREEMENT THIS SEVENTH AMENDMENT TO LICENSE AND AGREEMENT is entered into by and between the CITY OF CLEARWATER, a Florida municipal corporation (the "CITY"), and CLEARWATER FERRY SERVICE, INC., a Florida corporation (the "OPERATOR"). WHEREAS, the CITY and the OPERATOR entered into a License and Agreement on August 2, 1989, wherein the CITY authorized the OPERATOR to operate a commercial ferry service; and WHEREAS, the CITY and the OPERATOR have agreed to amend the License and Agreement as provided herein; ,1 NOW THEREFORE, in consideration of the conditions and mutual covenants 1 , .~ J ., contained herein, the parties do hereby agree as follows: 1. Exhibit B, of the License and Agreement is amended to read as follows: Minimum Routing Schedule - Operation of the ferry service will be provided on an as-need basis as determined by the CITY . OPERATOR agrees to provide ferry service on-call as determined by the CITY or its representative. 2. All of the terms and conditions of the License and Agreement, as previously amended, shall continue in effect except as amended herein. This amendment shall take effect as of , 1996, when fully executed by both of the parties hereto. \u' . ' , ,'I. Countersigned: CITY OF CLEARW A TER, FLORIDA Rita Garvey Mayor-Commissioner By: Elizabeth M. Deptula City Manager Approved as to form and legal sufficiency: Attest: John Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk Attest: CLEARWATER FERRY SERVICE, INC. By: Secretary President 5: \jskinner\ferry .agt 2 MINIMUM ROUTING SCHEDULE f~~!' .. EXHIBIT B TO LICENSE AND AGREEMENT BETWEEN CITY OF CLEARWATER AND CLEARWATER FERRY SERVICE, INC. Round trips will be provided from 10:00 a.m. until 5:00 p.m. from March 1, through October 31. A minimum of six round trips must be provided, visitation and weather permitting. Peak service trips will be provided during spring break each year and the Friday before all holiday weekends plus each and every weekend. Peak service days will provide daily round tripe from 9:00 a.m. to 5:30 p.m.. Operation of the Ferry Service between November 1, and February 28, will be by mutual consent of OPERATOR and CITY. At the completion of the firs four (4) months of operation, the Ferry Service days and times of operation will be evaluated as to continuity and feasibility. At the completion of eight (8) months of operation the Ferry service will again be evaluated to insure that service is adequate and operates smoothly. If .. adjustments are needed, they wil~ be.-made by mutual agreement at the end of the first year of operation. ').:~' , --: Number Description of Amendment SUMMARY OF AMENDMENTS FOR CLEARWATER FERRY SERVICE, INC. LICENSE AND AGREEMENT 1. Allowing ferry service to stop at Clearwater Marina during "Kick Off" day for Safe Boating Week on June 2, 1990. 2. Amendment to the Minimum Routing Schedule, deleting Mondays not falling on a national holiday, and combining the four and eight month evaluation into an annual evaluation. 3. Allowing ferry service to transport passengers to clearwater Marina on Special Events and other city-sponsored functions, when specially approved by the city commission. 5. Deleting "bridges" and adding "Drawbridges" and adding "Clearwater Marina as outlined in the Fourth Amendment to the License and Agreement... i I ! , I ! i i ! I 1 . ~ t ! " i f ! Ii, " :i i I ~ ~ . . ! , . , 1 4. Allowing ferry service to transport passengers to and from Clearwater Marina after 2 p. m. and allowing ferry service to transport walking groups at nearby hotels from the Marina. 6. Amendment to provide pedestrian ferry service between Clearwater Beach and Sand Key while the Clearwater Pass Bridge was closed to vehicular traffic. ,',';':",.! ;,\ " . ,;.;.. Item # 30 ., I \ i \ l ., ; , '''- '; F /3)~ 30 (,,(P'9? PD~ Cle31Water City Commission Agenda Cover Memorandum Item 1# Meeting Date: SUBJECT: CITY-WIDE DICTATION SYSTEM RECOMMENDATION/MOTIOH: Award a contract to purchase a city-wide dictation system, at a cost of $33,158.30, from the Dictaphone Corporation, in accordance with Code Sec. 2.564 (1) (d), price quoted under the GSA Contract GS-25F-4066B, and authorize transfer of $33,158.30 from Police Department Debt Services Code 010-01144-591600-521-000 to Police Department Capital Machinery and Equipment Code 010-01145-564000-521-000, II and that the appropriate officlala be authorized to execute same. BACKGROUND: . Currently, the Police Department is utilizing a stand-alone dictation system which is not integrated nor capable of being linked to the city's new Sprint phone system. . Also does not allow management of workload or editing capabilities. . In order for an employee to perform dictation away from his/her desk, a microcassette tape recorder must be used and the tape turned over to a transcriber for playback. The majority of the components of the current system are at least 6 years old. The proposed system is a state-of-the-art digital system which integrates with the new city Sprint phone system. . . ., . The Dictaphone system is the dictation system most recommended by sprint for ease of integration and proven performance. . This dictation system is so designed to be capable of allowing the dictation and transcription of information by 8 individuals simultaneously from any touch-tone phone and at any location. Revi ewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other =i== ~4 Costs: S 33.158.30 Total User Dept: S 33.158.30 Current Fiscal Yr. C~ission Action: [] Approved [] Approved w/conditions [] Deni ed [] Continued to: FlM'lding Source: o Capital Iq>. 9 Operating FY 95/96 o Other Attachments: , ~';"i\ j (,:/ , Advertised: Date: Paper: a Not Requi red Affected Parties o Notiffed 181 Not Requf red 181 None ~itted by: ,---. '- Appropriation Code: 010-01145-564000-521-000 () Printed on recycled paper '!Yl' ~.< ':. ., llfi'lJ;"'..,, : ?~;~:.>(.. ' ': ~ i:\... ,,'," , - 2 - ~o ~ , ; ... ;, ~ ;\ ~ i f . Workload management and editing capabilities are standard features. . system can be shared by all departments within the city. · Dictaphone Corporation is currently involved with the recording of all calls coming into the Communications system. . System can be easily upgraded to a maximum of 16 simultaneous users at minimal costs as needs increase. . System price quoted is under GSA Contract GS-25F-4066Bi competitive bid is not necessary per city Ordinance 2.564. . Funding for this project is included in the Police Department's current operating budget. i I t I 1 J i I 1 I } { ~ i .. ~ ~ ~ ~ ~ I ~ ~ ~ f 1 r I t PD ~ Clearwater City Commission Agenda Cover Memorandum I tern II Heeting Date: 3 (, . ~, . q Y; SUBJECT: POLICE UNIFORMS RECOMMENDATION/MOTION: Renew the contract with Martin's Uniforms, Tampa, Florida, for a period of one (1) year, from July 18, 1996 to July 17, 1997, for the purchase of Police Department uniforms and related equipment at an amount not to exceed $85,000.00 in accordance with general specifications of Bid #95-95, ~ and that the appropriate officials be authorized to execute same. BACRGROUND: · The Police Department supplies items of uniform apparel and related police equipment to outfit new employees and to replace worn or damaged items for members assigned to all programs of the Police Department such as; Police Officers, Police service Technicians, Police Aides, and School Crossing Guards. · In early May 1995, Martin's Uniforms responded to Bid #95-95 and was the lowest most responsive and responsible bid submitted in accordance with bid specifications. The current contract allows for renewal for up to two (2) additional years, this being the first renewal year, with increases which do not exceed the Consumer Price Index. · Martin's has supplied uniforms to the Police Department for the last four (4) years under the initial contract of 1992 and the current contract. The service has been very satisfactory. The uniforms delivered conform to specifications and any problems are resolved quickly and to the satisfaction of the Police Department. . This contract renewal will contain the same terms and conditions stated in the original bid with no price increase. . This contract renewal , as indicated in the existing contract, will exclude weapons, ammunition, radios, and other specialized equipment. lev' wed by': Legal Budget Purchasing Risk Mgmt. CIS ACM Other HIA ~ 'N/A ~ vv Originating Dept: POL ICE 'tJ, Costs:NOT TO EXCEED $85.000.00 Total $ 10.000.00 Current Fiscal Yr. Commission Action: o Approved o Approved w/conditions o Deni eel o Continued to: User Dept: Fla'lding Source: o Capital Imp. ~ Operating FY 95/96 o Other Attachments: Vendor's renewal letter .' .' Advertised: Date: Paper: ~ Not Required Affected Parties o Notified r8I Not Requi red Appropriation Code: 010-01145-547100-521-000 010-01131-547100-521-000 & various other divisional 547100 ro ram codes. C None Submitted by: . Cit Ma ':r ~ .~ led ~~ Printed on reeye paper r~ll ':- I.> ~ " . " ..,;;j - 2 - 3/ . ., . f; ~\ ~ j 1 J j I i · Funding for this purchase is available in the current 1995/96 operating budget through line item 547100 which is distributed throughout the various Police Department programs with a combined balance in excess of $10,000.00 as of April 1, 1996. Funds needed beyond September 30, 1996 are part of the requested 1996/97 operating budget. " ,-: .. ;"'. '; ~~, ( {- ,!, :1 " '\ .~) J ~:,":""'" ." .' Martin's Uniforms 2320 W. HiIIsborough Avenue · Tampa, Florida 33603 (813) 877-0511 · Fax (813) 878.0379 ~5 J A 0Msi0n Ot ,. Superior Surgical .. Mfg. Co., rnc. .,.~". SIiXt r ~ ~WW'9' April 10, 1996 Captain Meissner City of Clearwater Police Department 644 Pierce Street Clearwater, FL 34616 Dear Capt. Meissner: Martin's Uniforms would like to renew our current contract Bid #95-95 for an additional year from 7/18/96 through 7/18/97. this would be under the same terms and conditions stated in the original bid with no price increase. Thank you in advance for your consideration. Sincerely, MARTIN'S UNIFORMS David Muar Vice President, Sales DM/kjf cc: Bob Santa Cruz Rich Jacobson Bid File (, ~!~ . . fb3 Cleanvater City Commission Agenda Cover Memorandum } .:) 1 tern # ~eeting Date: ~. &~.1~ SUBJECT: POLICE DEPARTMENT COMPUTERS RECOMMENDATION/MOTION: Amend the city's contract with PSI International, Inc., of Fairfax, Virginia for the purchase of 66 additional Fujitsu laptop personal computers and related components; and award a contract to Dell computer Corporation for 30 Dell desktop personal computers and related components, at a total cost of $372,837 plus annual maintenance of $31,848 to begin one year following acceptance; pricing for the laptop computers and maintenance contract established in previous bid #210-94, awarded by the Commission to PSI International, Inc. on May 18, 1995; pricing for the Dell desktop computers established under Florida State Contract #250-040-96-1, said purchase being in accordance with Code Sec. 2.564(1)(d), purchases from government contracts, funding to be provided from the Special Law Enforcement Trust Fund, ~ and that the appropriate officials be authorized to execute same. BACKGROUND: . In April, 1995 the Police Department, in conjunction with Information Management, presented the city and Police Department's computerization strategic plan to the city Commission, which included a plan for providing police officers and city computer users with new hardware. . On May 18, 1995, the commission awarded a contract to PSI International, Inc. for police computer systems and system integration services at a cost of $3,335,000. These systems include computer-aided-dispatch, records management, field reporting, mobile data, automated parking tickets, wide area networking, and the office automation network in the new police headquarters building. Several of these components have already been delivered; others are under development and/or await the completion of the new police headquarters building. . Each Clearwater police officer has been issued a laptop computer for the completion of field reports as a part of their issued equipment since 1989. The 1995 computer project plan included replacement of those 7-year Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other N/If ~~ N~ ,,;..( J> . Originating Dept: POLiCE . /(&..;.. Costs $ 404 .685 Total User Dept: $ 372.837.00 Current Fiscal Yr. Commission Action: [] Approved [] Approved w/conditions [] Denied o Continued to: FUlding Source: o Capital Imp. o Operating ~ Other S.L.E.F. Attachments: y Advertised: Date: Paper: ~ Not Required Affected Parties o Notified ~ Not Required ~ None SlbDi tted bv:,-. /) .:L"7J-- 'S:r 1Y7t.~ eft ManageU Appropriati on tode: 181-99331-564000-521-000 ~ Printed on recycled paper - 2 - ~~ "J old computers, but only funded one laptop computer per patrol vehicle (137 computers), rather than one computer per patrol officer (approximately 200 computers). The plan was for that computer to be shared by any and all officers assigned to that vehicle. . Police department staff continued to assess the original "one-computer- per-car" plan. Concerns were raised that use of the computers for up to 24 hours a day and the lack of anyone person to be accountable for the computer would generate significant maintenance problems. The plan also did not provide for computer access by field officers who may not have a car for a shift, such as community policing officers. Further, it limited the ability of the officers to create and use databases of information specifically related to their assigned neighborhood, or to retrieve reports or other information for court or at other times that the officer was not in a vehicle. . In the past year since the award of the PSI contract, the Police Department has acquired funding in the Special Law Enforcement Trust fund to allow the purchase of 66 additional notebook computers (Fujitsu stylistic 500) and related components which will allow the department to continue to issue a computer to each officer. . Although the RFP was issued in 1994, the contract was awarded to PSI in May, 1995 and the first 137 Fujitsu computers were selected and purchased through PSI in December, ~995 at lower cost than the original bid. Each computer "unit" includes the mobile docking hardware, mobile keyboard, and software to integrate it into the mobile data system. . Also, under the 1995 computer project plan, the police department had planned on retaining 21 older, 486 processor-based office PC's in the new network. Since that time, advanced operating systems have been released such as Windows 95 and Windows NT and it is no longer prudent to use those 486-based computers for full-time office use; Pentium-based processors are strongly recommended in the current environment. We are proposing that we replace 19 of those 486-based computers with City-standard Dell Pentium 133 mhz personal computers with the Microsoft Office software and network interface cards at a cost of $2,503.70 each. The 486-based computers will be retained for other, less critical applications within the network. . Also, the police department has included space in the new police headquarters building for a computer training lab for police department employees as well as other city employees. This purchase also includes 11 personal computers (Dell Pentiums with Microsoft Office) for that training lab. Approximately 350 police department employees use computers as a part of their regular job duties. (The new Municipal Services Building will have a 6-position computer training lab.) . Annual maintenance on each computer will be $328 for the Fujitsu laptop computers and $340 for the Dell desktop computers, for an annual total of $31,848 which will be payable one (1) year following acceptance of the computers, estimated to be August, 1997. . Purchase cost breakdown is as follows: 66 Fujitsu laptop computer units from PSI International 30 Dell desktop personal computers from Dell Corp. Total Expenditure $297,726 $ 75,111 $372,837 Funding for this purchase is currently available in the Special Law Enforcement Trust Fund. Funding for the annual maintenance costs will be included in the police department's future years' operating budgets. fW1-- Clearwater City Commission Agenda Cover Memorandum 33 Item # Meeting Date: ____ c; . (:.. q C;: SUBJECT: Contract Sweeping of Beach Commercial Streets, Downtown Commercial Streets, and Beach and Downtown Parking Lots. RECOMMENDATION/MOTION: Award a contract for private street sweeping services from October 1, 1996 to September 30, 1999 subject to annual fund availability to Sweeping Corporation of America of Nashville, Tennessee for a total cost of $383,940.00 which is the lowest responsible bid submitted in accordance with the specifications, ~ and that the appropriate officials be authorized to execute same. BACKGROUND: ~The award of this contact will extend for three years, the current program of joint City-Private provision of sweeping services. ~Current contract with Sweeping Corporation of America in the amount of $347,220 ends September 30, 1996. ~Sweeping program has proven very satisfactory since its inception eleven years ago. ~Contract calls for sweeping the Downtown commercial streets and parking lots twice each week; and the Beach commercial streets and parking lots (including the Memorial Causeway) three times each week. ~The FY 1996/97 Public Works/Stormwater Utility and the Engineering/Park- ing System operating budget request will include sufficient funds to cover the $127,980 for the first year of the contract. ~The Public Works/Stormwater Utility's request will include $53,325 and the Engineering/Parking System request will include $74,655 for this contract. ~The Harborview Center will be billed for the sweeping of the three parking lots around the Center, which is estimated to be $9,360 per year. User Dept: Public \.larks $ -0- Current Fiscal Yr. FY 96/97 $127,980 Funding Source: o Capital Imp. Ci3:I Operat i ng o Other Commission Action: o Approved o Approved w/conditions o Deni ed o Continued to: Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other N/A :Ii t1f~ N/A Originating Dept: Public \.larks Costs: $ 383.940 Total ;,') Advertised: Date: 03/22/96 - 03/29/96 Paper: pinellas County Review/Tampa Tribune o Not Requi red Affected Parties I8l Notified o Not Requi red Attachments: Bid SUlTmary o None Submitted bY~~___ . M~ - City age? " Appropriation Code: 419-02090-530300-539-000 435-01333-530300-545-000 .... ....... -~-------~ . -. ~ . ,'~ . 33 CITY OF CLEARWATER BID 99-96 OPENED APRIL 11, 1996 BID TAB ITEM ..lID.:. STREET SWEEPING DESCRIPTION SWEEPING SERVICES SAFETY HARBOR. FLORIDA TOTAL PRICE 585,000.00 SWEEPING CORPORATION NASHVILLE. TENNESSEE TOTAL PRICE 383.940.00 1. STREET SWEEPING ------------ ------------ ------------ ------------ J START DATE: TERMS: OCT 1, 1996 NET MONTHLY IMMEDIATELY NET 10 SUMMARY OF BID 99-96 BIDS SOLICITED: BIDS RECEIVED: NO RESPONSE: NO-BID RESPONSE: 6 2 4 o .'"1. ; . ~"'/l'^"~\"' .......--:-~ .. ." . ,. "', ,'. 1:' :".: .'\",~, '-,.J,~ '.. . (;', 0 qt(; Item # E f 11 f'1 -~ CLEARWATER CITY COMMISSION --;L-!' Agenda Cover Memorandum ) l~ Meeting Date SUBJECT: Amendment to Times Publishing Company parking lot lease. RECOMMENDATION/MOTION: Approve Second Amendment To Lease Agreement dated December 2, 1994 with the Times Publishing Company, amending the lease premises to include additional lands in Block 8, MAGNOLIA PARK SUBDIVISION, requiring protective fencing for a storage building, but no additional monthly rent; and extending the lease term three months through March 31, 1997, with all other lease provisions unchanged, au And that the appropriate official be authorized to execute same. BACKGROUND: ~ The city entered into a land lease with the Times Publishing Company of vacant property at the southeast corner of East Avenue and Pierce street on December 2, 1994 to provide interim parking during construction of the MSB/PS complex. The rent was established at $1,038.00 per month. ~ The original lease term that expired November 30, 1995 was extended by written notice from the city Manager, as provided by the lease, to May 30, 1996. The term was again extended by action of the city commission on December 7, 1995 to December 31, 1996. ~ This Second Amendment to the lease agreement provides for the addition of approximately 13,515 square feet of land to the lease premises, and extends the term, at city option, to March 31, 1997. Thirty to forty percent of the added premises are unusable due to the presence of a dry pond and a storage building. ~ The amendment requires no additional monthly rent. It does require that the city protect the storage building on the property with bollards or other protective measures, and restore the additional lease premises at termination along with all other land covered by the lease, as previously agreed. ~ Funding for the three month lease extension, if required, is available in Capital Improvement Project 315-94602, Municipal Services/Public Safety Complex. Eng N/A ubi- Originating Dept'l Costs: $3,114.00 commission Action Eng ineeri ng ,X (Current FY) -0- Approved . / }, User Dept. ,. Funding Source: Approved City Manager w/conditions _____ Capt. Imp. X Denied Adverti sed: Operating Cont'd to Date: Other Reviewed by: Legal (~~ Budget ~ Purchasing N/A Risk Mgmt. N/A DIS ACM Paper: Appropriation Code(s) Attachments: Copy of Second Amendment To Lease Agreement Other Not required )( 315-94602-544200-519-000 SUbmitted/!!y~ ciif!;,'9ar Affected parties not if i ed Not required )( 2ndAmend Agn SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this 1 ~ r day of Ma y , 1996, by and between the TIMES PUBLISHING COMPANY (as "Lessor"), and the CITY OF CLEARWATER, FLORIDA (as "Lessee"), regarding that certain Lease Agreement between the parties dated December 2, 1994, governing lease of premises legally described as: THE WEST 114 FEET OF BLOCK 8, MAGNOLIA PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK H-l, PAGE 70, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COu~TY WAS FORNERLY A PART. WHEREAS, Lessee desires to amend the lease premises governed by this lease to include all of the following described property without payment of additional rent consideration: ALL OF LOTS 1,2,3,8,9, AND 10, IN BLOCK 8, MAGNOLIA PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK H-1, PAGE 70, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART; and, WHEREAS, Lessor is agreeable to adding the additional lands requested by Lessee to the lease premises without additional rent consideration; and, WHEREAS, Lessee desires to extend the term of said lease for three (3) months commencing January 1, 1997 and terminating March 31, 1997, with the option by Lessee to earlier terminate said lease anytime after December 31, 1996 upon giving not less than thirty (30) days written notice of such intent to Lessor; and, WHEREAS, Lessor is agreeable to extending the term of said lease for the additional term requested by Lessee; NOW, THEREFORE, in consideration of the mutual promises made therein, and the mutual benefits being derived by each of the parties thereto, it is agreed that: A) The Lease Premises governed by said lease are amended to include all property as above described without additional rent; but, Lessee shall, in consideration thereof, erect bollards or other security feature to protect the integrity of the aluminum storage shed existing upon the expanded Lease Premises, and shall be obligated throughout the lease term to provide and assure Lessor, it employees or agents, unimpeded access to said storage shed. Page 1 of 2 ,(i.' .' B) The term of said Lease Agreement is hereby extended up to three (3) additional months from December 31, 1996 through March 31, 1997, with the Lessee having the option to terminate said lease anytime after December 31, 1996 upon providing Lessor not less than thirty (30) days written notice of Lessee's intent to terminate. All other term and conditions of said Lease Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered ~ef7i~ TIMES PUBLISHING COMPANY By: ca~:j:;~ Vice President Administration, Treasurer & Secretary ~/i$~ Attest: (~dQ ~fe{-U L~nda Crow Manager, purchasing countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey Mayor-commissioner Elizabeth M. Deptula city Manager Approved as to form and legal sufficiency: Attest: John Carassas Assistant city Attorney Cynthia E. Goudeau City Clerk Page 2 of 2 ~. - - ----;---.._-,-..- .. ~ , ' , . '... . '''~.- --<' -, .. - -- ,- - ....~ . L....:....... ........ .._ ,,__ . .._ , '~J" ~ ~, "" . ,_ ~::... Q j .."') - ... b L. - t:> (.-.) ~~ .1 P.U4 .. ... \ .. ---....- - A-Jt, .-- ---..-.-- - t _- -_ ______ _.____ _. - , fO/) ---"" --,.- -. .~..- -....-,4 _.J- ..- , .-,It ." ..~..f . i~~~~:t;. ~.:..' :~'. ...... , . III '.... .. smtJ:i' ~/~~~J '. '. . ," . ?;/) , /'--' ~~ o {.Q .. . ~-tl- .f) ~~ o projx~'~ LIT~A~r' -. -' " , " ,./\.1; 0 F DRY poNJ)'.:.~,.::~, . I B --- 1 2 TIKES PARXING LOT 4. 5 l ........ EXISTING -- -- LEASE PREMISES -q- - .... 10 TlMES PARKXNG LOT -d )6 9 7 . 6 206 J'-- . . Smt~tr :r-T1 ~ =1 "/1 :,----- - r-' - .-- ,-- o <0 ~ r~--l \: .,j-. ~ .~ ~ r" ,,' ~ x< >oJ -f'- 3L{ ~un-05-96 12:19A P.02 v , . 8 u 7 6 10 9 ,8 PIERCE STREET C) APPROX. DCA 11 ON OF DRY OND w 8 w 1 2 ~ ::> TIMES PA KING LOT Z 4 5 w > EXI TING <( LEA E :-J PREMISES i S i 9 - z I: ~ W r- 1 0 9 f5s 7 6 --.J (() ~ -< r-- - ffi TIMES PA KING LOT Ct: <:( I: tIl _ 0 >- i: ~ - ~ ll.. :2 FRANKLIN STREET -" " ..--------.-... '--," ...~ ........ . " ". .".' ~ ",' .' , ~- ~.,. ~ Item # ,,' / ,.- (".\V .q~~ SUBJECf: CHESTNUT STREET AND GARDEN A VENUE STORM IMPROVEMENTS (96-16) RECOMMENDATION/MOTION: Approve Change Number 3 to the 1996 UNDERDRAIN CONTRACT (96-16) to KEYSTONE EXCAVATORS, INC. of Oldsmar, Florida, extending the contract time by 40 days and increasing the contract amount by $138,975.09 for a new contract total of$759,625.97, 't(J ~ CLEARW A TER CITY COMM ISSION Agenda Cover Memorandum '"/ C:'~' ~) <--), .-/ Meeting Date [!] and that the appropriate officials be authorized to execute same. SUMMARY: . The purpose of this change order is to provide for the installation of storm water improvements in the area of Garden Ave. from Court Street through the existing retention pond to Turner Street. The City's engineering consultant was requested to review the drainage systems in the area of Garden Avenue and its intersections with Court Street and Chestnut Street and to make recommendations for improvements which would be both feasible and pennitable. The PBS&J study determined several alternatives for the enlargement and replacement of existing pipes and stonn inlets all of which were incorporated into a stonnwater permit application approved by Pinellas County. Consequently, the benefit of the work proposed by tlllS change order will be the lowering of the local high water elevation during a storm event by approximately 9 inches. This will reduce the liklihood of flooding by more than 50%. . Upon completion of the construction plans, bids were solicited from the major utility contractors currently doing work for the City of Clearwater. Bids were solicited from Rowland, Incorporated (Del Oro Stonn Improvements, Phase 2), MTM Contractors, Inc. (Myrtle Ave. Stonn and 1996 Sidewalk), All American Concrete, Inc. (Water Bond Phases 13 and 14) and Keystone Excavators, Inc. (1996 Underdrain). Three bids were received with the low bidder being Keystone Excavators, Inc. in the amount of $138,975.09. . Keystone as agreed to interrupt the present work schedule of the 1996 Underdrain Replacement project to begin construction of the Garden Ave. stormwater improvements immediately upon execution of the change order and receipt of construction pipe materials. The proposed construction would begin on approximately June 17 with completion in late July. . Traffic flow on all streets will be maintained during the period of construction. . Funding in the amount of$40,487 is available in capital project 315-96104, Storm Drainage R&R. The balance of$98,477 will be provided by a midyear budget amendment transferring funding from 315-96103, Stonnwater Land Purchases. Reviewed by: Legel 9~- ::i:::.Dep;.X \I /\ Costs: $138.975.09 Commission Action (Current FYI Approved Budget i , Purchi'lsing ~ User Dept. ( , i i \. Funding Source: Approved w/conditions Engineering Copt. Imp. x Denied Risk Mgmt. N/A Advertised: Operating Cont'd to IS N/A ACM bl ~ ENG. -4k. )' OTHER /i Date: Other Paper: Not required: NfA Affected parties notified Appropriation Code(a) Attachments: Submitted BV: 315-96104-563700-539-000 Change Order #3 t:ity Manager ~1~ garden.agn Not Required x Bid tabulation '.' \' .' DATE: Mav 15. 1996 CHANGB ORDER #3 !. PROJECT: 1996 UNDBRDRAIN CONTRACT PROJECT HUMBBR: 96-2 CONTRACTOR a DYSTOIfB BXCAVATORS, INC. 371 SCARLET BLVD. OLDSMAR, FLORIDA 34677 DAD OF CONTRACT a 01/17/96 CODB: 315-92256-563700-541-000 SCOPB OF CHANGE: ~BIS CHANGE ORDER ACCEPTS REVISIONS TO TIlE CONTRACT SEE ATTACHED SHEET FOR ITEMS AND QUANTITIES. APPROVE TIME EXTENSION OF AN ADDITIONAL 40 DAYS TO COMPLETE THIS WORK. ..-......... S~A~ OF CONTRAC':r AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT CHANGE ORDER #1 PREVIOUS TOTAL CHANGE ORDER #2 PREVIOUS TOTAL CHANGE ORDER #3 NEW CONTRACT TOTAL $598,822.50 +S 21.885.53 $620,708.03 -S 57.15 $620,650.88 +S138.975.09 $759,625.97 KEYS~ONE EXCAVATORS, INC. By:~ff~ Robert Fornwalt, (SEAL Vice-presider. Rita Garvey, Mayor-Commissioner Date: E- -" /; I? John C. Carassas, Asst. city Attorney (Approved as to form and correctness) WITNESSES: . )(1 . 'r C> . '-l (l . J . '.../. ./'':' /r. "I Doris K. Gu(f~y ~ ATTEST: ,-l~c'_ Q-f~~ Alice R. Eckman Cynthia E. Goudeau, City Clerk CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA P.E. Date: Elizabeth M. Deptula, City Manager Change Order #3 Underdraln 1"" ' , . . " . . . ", . '. .. Page 2 Change Order 13 1996 Underdrain COn~ract (96-2) Kay.tone Bxcavator., Inc. eb..tnut St. and Garden Avenue Sto~ ImDrovements (96-16l Item # 1 - Mobilization Item # 2 - Maintenance of Traffic Item # 3 - Pollution and Sediment Control Item # 4 - Install/Replace 12" x 14" RCP Item # 5 - Install/Replace 18" RCP Item # 6 - Install/Replace 18" CIP Item # 7 - Install/Replace 24" RCP Item # 8 - Install/Replace 30" RCP Item # 9 - Install/Replace 29" x 45" RCP Item #10 - Install/Replace 36" RCP Item #11 - Construct Type A Inlet Item #12 Construct Type D Inlet Item #13 Construct Manhole Item #14 Construct Conflict Manhole (9 I x6 ' ) Item #15 - Construct Conflict Manhole (4'x4') Item #16 - Connect to Existing Manholes Item #17 - Demolition Item #18 - 6" PC - III Asphaltic Base Item #19 - 1 ~" Type PC-1 Asphalt Item #20 - Pavement Milling Item #21 - Install Sod Item #22 - Replace Sidewalk Item #23 - Replace Unsuitable Material (If Required) Item #24 - Install 6" Underdrain (If Required) Item #25 - Install Clean 6" - 12" Concrete Rip Rap Item #26 - Regrade Existing Retention Pond Item #27 - Valley Gutter Curb Item #28 - Concre~e Drive Replacement Item #29 - preparation, Installation & Management of Project Sign(s) Items for Change Order IJ3 1 L.S. @ $ 1 L.S. @ $ 1 L.S. @ $ 42 L.F. @ $ 24 L.F. @ $ 33 L.F. @ $ 30 L.F. @ $ 156 L.F. @ $ 55 L.F. @ $ 251 L.F. @ $ 1 EACH @ $ 1 EACH @ $ 8 EACH @ $ 1 EACH @ $ 1,029.40 II: $ 1,672.00 - $ 570.82 8: $ 46.45 a: $ 68.47 = $ 153.38 8: $ 82.86 = $ 94.81 = $ 107.64 = $ 98.69 = $ 2,175.00 = $ 1,207.00 = $ 1,550.00 = $ 3,409.01 = $ 1 EACH @ $ 2,284.01 = $ 5 EACH @ $ 1 L.S. @ $ 1,404 S.Y. @ $ 3,148 S.Y. @ $ 421 S. Y. @ $ 15,180 S.F. @ $ 125 S.F. @ $ 500 C.Y. @ $ 100 L.F. @ $ 100 S.Y. @ $ 1 L.S. @ $ 200 L.F. @ $ 150 S.F. @ $ 2 EACH @ $ 632.60 = $ 5,160.05 = $ 14.49 = $ 3.48 = $ 3.56 = $ 0.27 = $ 2.00 = $ 11.36 = $ 11. 25 = $ 12.99 = $ 1,324.17 = $ 8.72 = $ 3.46 = $ 222.00 = S 1,029.40 1,672.00 570.82 1,950.90 1,643.28 5,061.54 2,485.80 14,790.36 5,920.20 24,771.19 2,175.00 1,207.00 12,400.00 3,409.01 2,284.01 3,163.00 5,160.05 20,343.96 10,955.04 1,498.76 4,098.60 250.00 5,680.00 1,125.00 1,299.00 1,324.17 1,744.00 519.00 444.00 Total Increase = $138,975.09 -- - ..... . C1) ctl Z :Q . .- '0 ::l lD C1) 'C 0 I... 0 U 0 ~ Z c:: LL a <( () e> c:: ::s W ctl .c U u ~ 0:: 'C C1) C1) 0.. E ..... C1) ..... 4: a.. 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R. 590 N T. ~D D D~D O~~ROVE:=1 l ST ~wn n~[ ~ ~ ~ HENDRIC~ 0 I nJ I I ~"'~ GROVE 1J~ LAURA ~ <0 ~ LAURA iE ST V~ I D~~ D ~~ ~ D D Dg[ I ~ . ~ L- S.R. 60 CLEVELAND ST J~D~D I I D~CJ I I ~ (2 z ~ PARK 5T ~RCE ~ ST ~O~I I D::;CJ~c::J 0 J- DtD"1 100 ST FRANKLIN 5T t) :OURT ST C] \ ~I D D~ " J D D COURT g: S';- ~ ~ Merl \DD~W :::J CH 5TNUT 5T ] D~D ::E ] ~ NE J~ RO o~ Crescen ~D ~W PINE DRUID RD WAY MAGNOLIA ,... A ...." T RNER D PINE 01 5T ~ <( ~ <( c=J~D~D JASMINE~ WAY LJ~D D DR c=J D~D ~ <( JACKSON z o l- e", Z :r: U) ~ ~ <( z o If) is <( ~ ~ ::J o (j') (j') ~ ~D~ <( o rzkf1~ ~~ ~ I t SANTA 1_ l I I ROGERS I I~ in <( co Cl o o ~ z w w t3\ ~ y ~ Z Z 0 :c (J) en C5 <( <( ~ ~ GOULD 5T I I BROWNELL ST I COURT ST a:: vi ~ <( ,Z, I I ) } ,) } -'v~ ~ ;" ORK ://vf/ /~+// -\0/ :/ I I ~ ~ JASMINE ~ ~I I~ ~ MAGNOLIA : I H LOCATION MAP Contract No. 96-16 DATE: OS/27/96 SHEET 1 OF 1 ~ < Z .....J o U z ::J 'J Item # 36 F /:3 3h , ' , < ..;, " ~ .! >ti j I i 1 f i . ; ! \ ~ \ \ I I I I I I . J 1 ~ 1 I I " f I I . , , I ,\ \ I 1 . ~ ~ ~ ~ ,1 \? ,I :t I:, i ,; ~ /:' , -' ~.~ P._--~--:----~~.... :' ~. " ". - "':'.~ .. .""." .~..'_' .~/- J \0 Item #: Meeting Date: ~ " ,J e=-f\J Clearwater City Commission Agenda Cover Memorandum SUBJECT: Agreement for Consultant Services, Allen's Creek Watershed Rehabilitation Project at Hercules Avenue RECOMMENDA liON/MOTION: Approve the ranking and award a contract for consultant services in the amount of $200,000 to Tampa Bay Engineering, Inc. of Clearwater, Florida for the design of a watershed rehabilitation project at Hercules Avenue and Allen's Creek. l!J and that the appropriate officials be authorized to execute same. BACKGROUND: · On April 6, 1995, the City Commission approved the Cooperative Agreement between the Southwest Florida Water Management District, Pinellas County and the City of Clearwater for the design and implementation of a watershed rehabilitation project at Hercules Avenue and Allen's Creek. · The agreement was subsequently ratified by the other participating agencies. . Project objectives include the management of surface water runoff to Allen's Creek, water quality enhancement, restoration of the natural flood plain in such a manner as to maintain an appropriate balance among, and improvement of wildlife utilization of uplands, open water and intermediate wetland habitats and provide an education opportunity for the general public. . Proposals were solicited for engineering services for the design of the project and the following four firms were ranked in descending order through the selection process, by a committee comprised of representatives from the Southwest Florida Water Management District, Pinellas County and the City of Clearwater: Camp Dresser & McKee, Incorporated Tampa Bay Engineering, Inc. Coastal Environmental, Incorporated Greiner, Incorporated . Selection was based on competence, including technical education and training, experience in previous undertakings of this kind, availability of adequate personnel, equipment and facilities, and where applicable the relationship of cost estimates to actual costs on previous undertakings; current work load; financial responsibility; storm water management and environmental expertise, emphasis being placed on past performance of the firms and also upon the abilities and accomplishments of the individuals to be assigned to the project; and experience working with governmental entities or joint publidprivate clients. . Although negotiations with Camp Dresser & McKee, Incorporated (COM) were earnestly pursued, a project scope that accomplished the major project objectives could not be developed within the budget agreed to by the Cooperative Agreement, and participating agencies were not amenable to amending the Agreement to increase project costs. . Negotiations with second ranked firm, Tampa Bay Engineering, Incorporated resulted in an acceptable agreement for this project, within budget and consistent with the project scope. I Reviewed by: legal Budget Purchasing Risk Mgrnt. Engineering ( IS ACM Other Originating Department: /7' I E.. ~ \ ngtneenng/ Ii '} . l ' Ii l User Department: C $200,000 Total $200,000 Current Fiscal Year Costs: Commission Action: o Approved o Approved with Conditions o Denied o Continued to: Funding Source: I!I Capilallmprovemenl: o Operating: o OthN: Attachments: N/A '1)~ Advertised: Date: ?aper: o Not Required Agreement (or Consultant Services Appropriation Code Submitted by: fl~ City Manager o Printed on recyclt'd paper - A((ect~ Parties o Notified 00 Not Required o None 315-96103-561200 -539-000 · This project is fully consistent with the City of Clearwater Five Year Capital Watershed Plan and Water Resource Project Summary document approved by the City of Commission in June of 1995. · The Environmental Advisory Board recommended approval by the City Commission at their March 20, 1996 meeting. · The City's share of costs for this project is 61,600. · Total project costs in the amount of $200,000 are available in the Capital Improvement project 315-96103, Stormwater Quality Improvements/Property Purchases. Clearwater will pay the total $200,000 up front. sv~~m and Pine11as County will reimburse the City $100,000 and $38,400, respectively. . . . - . . . . .' . . . . ,- . , . . . '\ .. .. '\ AGREEMENT FOR CONSULTANT SERVICES FOR THE DESIGN OF A WATERSHED REHABILITATION PROJECT AT HERCULES AVENUE AND ALLEN'S CREEK TillS AGREEMENT, made and entered into this 27 day of ~ 1996, by and between the City of Cleanvater, Florida, hereinafter referred to as the CITY, and -Tampa B<\Y Eniineerinl:. Inc. . with offices in Clearwater. Elorida . hereinafter referred to as the CONSULTANT. WITNESSETH, That WHEREAS, the Allen's Creek watershed is contained within portions of the City of Clearwater, the City of Largo and the unincorporated part of Pinellas County, hereafter referred to as the "WATERSHED," encompassing approximately four thousand seven hundred (4,700) acres, and containing a twenty-seven (27) acre site near Lakeview Road and Hercules Avenue proposed for the construction of a surface water management facility, and flood plain and wildlife habitat restoration hereinafter referred to as the "PROJECT;" and WHEREAS, the CITY, Pinellas County, and the Southwest Florida Water Management District have entered into an Agreement for the design and implementation of the PROJECT; and WHEREAS, the CITY desires to engage the CONSULTANT to provide professional engineering and environmental services in accordance with this agreement; and WHEREAS, the CONSULTANT has expressed the wiIIingness and ability to provide such services in accordance with the Agreement; NOW THEREFORE, the CONSUL rANT and the CITY, in consideration of the mutual covenants hereinafter set forth, agree as follows: , . - . . . , . . . , . I.. .'. _ -----,,--," '_ .' SECTION 1 SCOPE OF PROJECT 1.1 INTENT OF THIS AGREEMENT This project is being developed in accordance with the Cooperative Agreement between the Southwest Florida Water Management District, Pinellas County~ and the City of Clearwater for the design and implementation of the PROJECT the objectives of which will include but are not limited to: Management of surface water runoff to Allen's Creek, including attenuation of in-stream peak flow rates. Biological treatment of surface runoff, including retrofit of existing stormwater pollutant sources. Restoration of the natural flood plain in such a manner as to maintain an appropri::lte balance among and improve wildlife utilization of uplands, open water and intermediate wetlands habitats. Provision of an educational opportunity for the general public by illustrating methods of surface water management, water quality improvement, and enhancement of wildlife habitat and value of vegetative diversity. 1.2 PROJECT DESCRIPTION The twenty-seven (27) acre site referred to as the Maple Swamp is located in the Allen's Creek watershed, on parcels owned by Pinellas County and the City of Clearwater. The area is near Hercules Avenue and Lakeview Road, in a residential community and adjacent to Plumb Elementary School. Clearwater High School is one mile to the north. A concrete sidewalk which traverses the site is primarily used by children living to the east while walking to nearby Plumb Elementary to the west. Historically, the site was a floodplain forest dominated by red maple (Acer rubrum) and bay (Persea spp.) trees. Portions of the site were either filled and now are maintained fields or were mined for borrow material and peat. The borrow sites now contain water and support nuisance vegetation such as Brazilian pepper (Schinus terebeinthifolius), willow (Salix caroliniana) and cattail (Typha spp.) In the remnant floodplain forest where peat mining occurred Brazilian pepper and air-potato (Dioscorea bulbifera) have encroached. A preliminary evaluation of the opportunities for this site indicate that current public ownership 2 .... J '- , .;. ~t::';, ,j:.... .' _ .,' _ ...." '~ I offers an excellent opportunity to restore the habitat values lost by historical activities. Because of the site's proximity to Allen's Creek, a stormwater treatment facility should also be incorporated into the design. To maximize the use of public property~ habitat and stormwater features could be designed into a park master plan including nature trails and interpretive stations. The habitat restoration effort should include removal of exotic vegetation and replacement with desirable native species. Although natural recruitment of desirable species into areas where exotic or nuisance plants have been removed is a cost effective management tool, replanting with native vegetation as necessary. Upland habitats should be enhanced to attract various species of native birds, mammals and reptiles, as well as prey species. To enhance the overall water quality of Allen's Creek, stormwater treatment features should be incorporated into the design of this project. Various types of systems could be employed including biological treatment systems (i.e. vegetated wetlands) located in littoral zones along created streams and ponds, floodplain wetlands for flood attenuation, and creation of meandering channels designed above and below the nomlal water elevation. The design of the PROJECT should increase the capacity of the creek to store runoff and attenuate peak flow rates in accordance with the current Allen's Creek Watershed Management Plan (pg. II. 1.2.15 - Allen~s Creek Early Action Plan, January 13, 1995). The habitat and stornlwater features can be incorporated into an overall park master plan. Nature trails can meander throughout the historic hardwood forest, lacustrine wetlands, creek channels and connecting upland habitats. Interpretive stations t;an describe the habitats on the property, and the overall goals and benefits of the project itself. To maximize the educational benefits, the park can be designed to be used by local schools as an outdoor classroom. Monitoring and maintenance of the wetland habitats will be required and may extend to five (5) years beyond construction completion. Monitoring the survival of planted vegetation, occurrence of exotic or nuisance vegetation, and wildlife use of the site is also proposed. 1.3 LIMITS OF WORK 1.3.1 The PROJECT limits shall encompass all areas required for the improvements described herein and shall extend, laterally and linearly, to those boundaries, in accordance with good engineering practice, to render the proposed improvements compatible with abutting property and all existing drainage systems. 1.3.2 It is desirable that proposed improvements be contained within the limits of existing publicly owned lands, rights-of-way, or easements where practical and feasible. 3 1.4 KEY PERSONNEL 1.4.1 The CITY reserves the right to approve/disapprove for whatever reason all personnel assigned to this project by the CONSULTANT. The individual(s) named in Schedule 1 and/or such other individuals who are to be assigned to work under this contract are necessary for the successful performance of this contract. The CONSULTANT agrees that whenever for any reason, one or more of the aforementioned individuals are unavailable for performance under this contract, the CONSULTANT shall replace such individual(s) with an individual(s) of substantially equal abilities and qualifications, subject to approval by the CITY. 1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full name, title, qualifications, and experience, for all successors and/or new persons prior to assignment of such personnel to perform work under this contract. Should the CITY decide the successor personnel does not meet the qualifications of the replaced personnel, or in the case of new personnel, the CITY determines they are not qualified to perform the work assigned, the CITY will advise the CONSULTANT accordingly. The CONSULTANT shall then submit name(s) and qualifications of an individuaI(s) to the CITY until a determination is made by the CITY that the replacement individual(s) has substantially equal abilities and qualifications of the individual(s) named herein. 1.4.3 The CITY, PineIlas County, and SWFWMD will each designate a single Project Representative, hereinafter referred to as CITY, COUNTY and DISTRICT, who will serve as a liaison on all matters related to the development of the PROJECT. The CONSULTANT, in recognition of the existing Cooperative Agreement, shall simultaneously copy project correspondence to the CITY, COUNTY and DISTRICT. SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT 2.1 PROJECT MANAGEMENT AND COORDINA nON 2.1.1 Work Program Coordination - The CONSULTANT must coordinate work activities with the CITY, COUNTY and DISTRICT, other involved State agencies, municipalities, and other vendors. The CONSULTANT shall submit a procedure outlining coordination activities. The CITY will, 4 however, be the primary contact. 2. J .2 Project Coordination Meeting - The CONSULTANT shall designate in writing to the CITY, the Project Manager and those persons who will supervise and coordinate the essential portions of the project. The CONSULTANT shall schedule an initial joint coordination meeting. 2.2 INFORMATION COLLECTION AND MANAGEMENT The objective of this task is to research work already performed in the PROJECT area and gather pertinent data in order to evaluate the status of the ecological health of the system, and to determine the most appropriate watershedlwaterbody model as it pertains to the project goals and proposed improvements. This will include but not be limited to a review of the following information: a. Existing Allen's Creek reports relative to the study area. b. Hydrologic and meteorological records. c. City Stonnwater Atlas Sheets d. Existing drainage and stormwater management systems within the study area e. Rectified aerial photography of the study area (available on I' equals 40' with one foot contours from the CITY) f. Docwnentation of significant flood events. IdentifY 25 and 1 00 Year, 24 Hour, frequency floodplains. The verification and calibration for computer modeling may require an investigation of past events which have existing documentation (Le. rainfall data and streamflow records). g. Present and projected land use within the study area including the land use elements of the City of Clearwater, and Pinellas County Comprehensive Plans, and major developments that have been approved within the study area. h. Drainage maps for City, County and State roads within the study area. 1. Surface water quality and sediment data. 5 j. Ecological studies. k. Rules and laws related to stonnwater and flood plain management (local, regional, state, and federal) pertinent to the study area 1. Historical and/or archaeological sites from the State Historical Preservation Officer. m. Soils and geotechnical infomlation required to identify soils related problems using USGS hydrologic maps, soil survey maps, and the Soil Conservation Service. 2.2.2 Evaluate and Define Deficiencies of Existing Data - Existing available data shall be evaluated to identify any missing data necessary to the study. Additionally, conflicting data will be identified. Missing or conflicting data will be evaluated to determine the appropriate method of obtaining the needed data or resolving conflicts. 2.2.3 Survey, Geologic, and Topographic Base Data - Maximum use will be made of data found in existing studies once verified. Rectified aerial photography is available at a scale of 1" equals 40' with one foot contours. All surveying shall be performed under the direction and control of a Florida Registered Professional Land Surveyor. The CONSULTANT shall provide surveying as follows: a. Topographical survey services necessary for determining water surface profiles, aerial extent of existing flooding and of design storms, conceptual design and permitting of channel improvements and related drainage structures, including wetland jurisdictional limits, and any required mitigation area(s) and/or stormwater treatment facilities related to the PROJECT. b. The CONSULTANT shall record survey data in acceptable field books with copies of all survey notes delivered to the CITY upon completion of all surveying. c. The CONSULTANT may elect to use data collectors and magnetic files in place of written notes or a combination of the two. If so, the CONSULTANT shall provide a copy of the information in digital fonn. 6 d. The CONSULTANT shall prepare the construction base sheets with topographic information and boundary survey using a scale of I" equals 40' to coincide with available May, 1994 rectified aerial photography. The use of photography does not relieve the CONSUL T ANT from field locating any topographic features that may be obscured from the image. e. The CONSULTANT shall be responsible for obtaining geotechnical information required for design and construction of the PROJECT. This will include, but not be limited to, percolation, standard penetration test or auger borings, soil classification, seasonal high water table, and grain size analysis. These activities will include all field work, laboratory analysis and geotechnical report preparation. f. The CONSULTANT shall provide on 1" equals 40' mapping: 1. Stream channel cross-section location 2. Proposed channel improvement locations 3. Storage areas 4. Structure numbers 5. 25 and 100 year frequency, 24 hour duration flood boundary (pre and post construction) g. The CONSULTANT shall also provide flood profiles showing all structures, locations, sizes, dimensions with invert elevations for drainage structures. This infonnation shall be provided on 24 by 36 inch drawings. The CONSULTANT shall provide mylar deliverables of aerial maps and flood profiles as described. All drawings shall be signed and sealed by an engineer registered in the State of Florida. 2.3 CONCEPTUAL DESIGN The CONSULTANT shall furnish all design services necessary to perform the conceptual design phase. The intent of conceptual design is to select the treatment train, wetland enhancements and site ammenities. The CONSULTANT shall prepare "modular" elements for alternatives. At a two day "brain-storming" meeting the CONSULTANT along with the CITY, COUNTY and DISTRICT shall select the modular elements and one alternative for the conceptual design. A colaborate decision will be made during the meeting to select the best conceptual design alternative that addresses the project objectives. The CONSULTANT shall develop a draft conceptual plan for a public information meeting. The CONSULTANT shall address any substantive comments and prepare the final concept plan. The final conceptual design and a preliminary cost estimate for the PROJECT shall be presented to the CITY, COUNTY and DISTRICT for their review and approval. 7 2.3.1 The CONSULTANT shall provide all engineering investigations necessary to evaluate existing conditions and facilities including on-site utilities and their potential impact on the PROJECT. The CONSULTANT shall be responsible for mapping known utilities in the survey phase and the CITY will provide the utility companies with plan sets of design at all review stages. 2.3.2 All engineering investigations and analysis necessary to prepare a final conceptual design which will adequately meet the pennitting requirements of the pennitting agencIes. 2.3.3 All engineering investigations and analysis necessary to determine the requirements for the protection and enhancement of adjacent wetlands. 2.3.4 Interpretation as to the effect of the PROJECT on adjacent developments. The CONSULTANT shall be responsible for calculations considering the contributing basin in order to detennine water quality treatment volumes. The PROJECT area receives flow from upstream areas in addition to direct discharge for adjacent residential properties. The calculations will be utilized in order to design the treatment facility, maximize storage, control structures and distribution swales for stonnwater attenuation and water quality improvements. Based on input parameters such as drainage areas, land use, slopes, soil types, runoff coefficients etc., preliminary stonnwater calculations will be made to detennine tail water conditions. The CITY, COUNTY and DISTRICT will have twenty (20) calendar days to provide comments to the CONSULTANT for review and approval of draft and final conceptual design documents. 2.3.5 Design Drawings for Educational Displays The CONSULTANT shall be responsible for the production of final color educational drawings that illustrate the improvements proposed for the PROJECT. The draft educational graphics will be produced by the DISTRICT, CITY and COUNTY. 2.3.6 The CONSULTANT shall prepare a conceptual design report that includes the project goals, design approach, results of the above investigations and analysis, calculations, preliminary modeling results, and other pertinent data. 2.4 FINAL DESIGN The CONSULTANT shall, after written notification of the approval by all three parties of the final 8 conceptual design, prepare a final design and construction plans. 2.4.1 CONSTRUCTION PLAN PREPARATION The CONSULTANT shall be required to produce a plan set which will allow for the permitting and the construction of the approved conceptual plan. This construction plan set will include but not be limited to a cover sheet with location map, general notes sheet, plan sheet with improvements, planting plan sheet, erosion control sheet, drainage map, plan view sheets with profiles if needed, cross-section sheets, and appropriate details as necessary for construction of the project. All topographic features and existing facilities shall be shown in order to permit determination of project impact on adjacent properties. Trees and tree clusters of a species and size included in the environmental assessment shall be shown on the construction plans. All known existing underground utilities, drainage structures, and other facilities within the project limits shall be showl} on the construction plans. Plan and cross-section sheets shall show station and offset infonnation or other geometric control to structures, structure dimensions, pipe inverts and sizes, and other pertinent information for the proposed facilities. All sheets in the construction plan shall be 24 inches by 36 inches, with title blocks including the CITY format, with sign-ofT blocks for COUNTY and DISTRICT on the cover sheet. A tabulation of earthwork quantities shall be shown on the cross-section sheet. The CONSULTANT shall be required to produce a plan set which will allow for the construction of the approved conceptual plan. The CONSULTANT shall provide the CITY, COUNTY and DISTRICT four (4) sets each, of prints with PROJECT design at the preliminary engineering review 30%, 60%, 90%, and 100% stages of the PROJECT. The CONSULTANT shall provide a copy of the specific technical provisions of the construction contract documents for review and approval at the 90% and 100% review stages. Twenty (20) working days shall be scheduled for CITY, COUNTY and DISTRICT review at each stage. The CONSULTANT shall incorporate combined comments of all commenting agencies after each review. It will be the responsibility of the CITY to ensure compilation of a single set of comments to the CONSULTANT. The CONSULTANT shall provide a construction cost estimate for the project with the 60%, 90% and 100% review plans. 9 ._ , _ __~_. .. _ _r-_. _____ v___ . -- -- -- - - ," . _ , ., ..,'.' '. . The CONSULTANT shall prepare technical specifications (specific provisions) as required to bid the project and for proper construction of the project. These specifications will be included in the standard contract document prepared by the COUNTY which includes boiler plate on insurance, bonding, etc. The CITY will provide the CONSULTANT with the legal section of the specifications and samples of technical specifications for CONSULTANT revision as needed for the PROJECT. The DISTRICT and COUNTY will have input into the specific provisions of the Technical Specifications at the various review stages. The CONSULTANT shall be responsible for the final technical specifications which shall be provided to the CITY for their preparation of final specification package. 2.4.2 SPECIFICATIONS Prior to the advertising for bids for construction of the project, the CONSULTANT shall sign and seal two (2) sets of prints and two (2) sets of specifications. Each sheet in the construction plans print set snaIl be signed, sealed and dated. The title sheet only of the specifications shall be signed, sealed and dated. 2.4.3 FINAL REPORTS The CONSULTANT shall prepare the final design report and submit four (4) copies each to the CITY, COUNTY and DISTRICT for review and comment. The report will include the information used for the calculations as well as the calculations. A maximum of twenty (20) calendar days win be scheduled for CITY, COUNTY and DISTRICT review. Upon completion of the approved project design, the CONSUL T ANT shall provide three (3) copies of the final design reports to the CITY, COUNTY and DISTRICT. 2.4.4 REPRODUCIBLE DRAWINGS Upon acceptance of the final design by the CITY, COUNTY and DISTRICT, the CONSULTANT shall furnish the original construction specifications and reproducible drawings to the CITY and four (4) copies to the COUNTY and the DISTRICT. 10 2.5 PROJECT STORMWATER MODELING The CONSULTANT shall incorporate the proposed drainage related improvements into a Storm water Model to detemlinc the hydraulic effects in the project basin area. The CONSULTANT shall be required to review existing modeling data that has been developed for the Allen's Creek watershed and make the necessary modifications for evaluation of the PROJECT. The CONSUL T ANT shall employ the current Allen's Creek Computer Model or other appropriate hydraulic model in the design of the PROJECT and integrate hydrologic, and hydraulic features. 2.6 PERMITS 2.6.1 The CONSULTANT shall seek approval and/or affirmative comments from permitting agencies having jurisdiction over the PROJECT area for the conceptual design. The CONSULTANT shall schedule meetings with the various agencies and shall give adequate notice to the CITY of each meeting scheduled so that PROJECT REPRESENTATIVES can be in attendance. Subsequent to obtaining conceptual approvaVor affirmative comments, the CONSUL T ANT shall proceed with development of the final PROJECT design. 2.6.2 Permitting agencies having jurisdiction may include, but are not limited to, the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, Southwest Florida Water Management District, Florida Game and Fresh Water Fish Commission, U.S. Fish and Wildlife Services, U.S. Environmental Protection Agency. Revie\\' agencies may include the Tampa Bay National Estuary Program, and the Tampa Bay Regional Planning Council. 2.6.3 The CONSULT ANT shall prepare and submit permit applications and/or permit amendment packages complete, with all supporting documents, including any modeling to the appropriate agencies. The pennit application package shall be included as part of the 60% review plans and design report and shall be reviewed and approved by all three parties within fourteen (14) calendar days prior to regulatory agency submittal. 2.6.4 The CONSULTANT shall prepare and submit additional information and respond to the questions and comments received from the regulatory agencies during their review of the permit applications through permit acquisition. 2.6.5 The CITY will be named as applicant on all applicable environmental and construction permits. 11 2.6.6 The CITY will pay all permit fees and publish all notices as required by the regulatory agencies. 2.7 PRESENT A TIONS, PUBLIC MEETINGS AND TECHNICAL LIAISON Thc CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all par1icipanl~, within seven (7) calendar days after the meetings. The meetings will be set up through the CITY and the CITY, COUNTY and DISTRICT will attend. The CONSULTANT shall coordinute with the CITY and prepare the necessary agenda for each meeting to be held. Agenda shal1 hc submitted to the CITY at least five (5) working days prior to any scheduled meeting. All display matcrial shall be developed and prepared by the CONSULTANT. 2.7.1 Prior to the commencement of PROJECT activities, the CITY will conduct with the CONSUL T ANT one project initiation conference for the purpose of discussing issues relative to the PROJECT and submittal schedules and to convey to the CONSULTANT such items provided for under Section 2.1 as may be required and available at that time. 2.7.2 The CONSULTANT shall be required to participate in a regularly scheduled monthly Status or Progress Meeting during PROJECT development. It is anticipated that CITY, COUNTY and DISTRICT will attend the project initiation conference and the monthly status review meetings. A total of fourteen (14) Monthly Status Meetings are proposed for this Agreement. The CONSULTANT and CITY, COUNTY and DISTRICT will also participate in two (2) day "brain-stonning" meeting to select a final alternative for conceptual design. 2.7.3 The CONSULTANT shall be required to conduct, with assistance from the CITY and at a location to be provided by the CITY, all preappIication meetings and two public information meetings concerning the PROJECT. The purpose of the meetings arc to inform the public of the PROJECT as well as gather public input. 2.7.4 Public Information Meeting Requirements These meetings are to be advertised and conducted as an information meeting. The CONSUL T ANT shall conduct the meetings and prepare all necessary advertisements, notices, displays, maps, scripts, etc. The CITY, COUNTY and DISTRICT will assist the CONSULTANT in conducting the mcetings. The CONSUL T ANT may be required to actively participate in the presentation as follows: a. All presentations (script and graphics), media relcases, legal and display advertisements, and general (mass) property owner Icttcrs shull be prepared, 12 " .... . '--~~--.--"""'-""'''''--~''--- --_._'-:-~.--.~._.~. .-.. ~,.-"..- -- , . J . w " .. . published and distributed by the CONSULTANT as authorized by the CITY, after approval by the COUNTY and DISTRICT. b. Display Advertisements. A black and white, quarter page display advertisement announcing the meeting shall be prepared by the CONSUL T ANT and submitted to the CITY for approval. The CONSULTANT shall publish the advertisement in the Section A of St. Petersburg Times newspaper. c. News releases shall be prepared by the CONSULTANT and submitted to the CITY for approval prior to publication by the CONSULTANT. d. A Memorandum with location shall be prepared and sent to the CITY Project Manager for submission to the CITY Public Information Department for distribution. e. The meeting fonnat shall be developed by the CONSULTANT and approved by the CITY. f. Prepare displays or wall graphics for use during the meeting. These may include typical sections, aerial photographs, renderings, charts, and graphs, as needed. g. A briefing by the CONSULTANT of CITY, COUNTY and DISTRICT representatives who will participate in the Public Information Meeting shall be held at least five (5) working days prior to the Public Information Meeting. The briefing shall be combined with a monthly progress meeting. The briefing will also provide opportunity to review the proposed Public Information Meeting format and all visual display and presentation items prior to the meeting, therefore, allowing time for any required revision to these items. h. Following the completion of each Public Information Meeting, an in-house meeting with the CITY, COUNTY and DISTRICT shall be scheduled by the CONSULTANT to address public input. The CONSULTANT shall review the public information gathered and prepare his recommendations regarding any viable public comments that may improve the PROJECT. 2.7.5 With written authorization, anyone of the above meetings may be substituted for another meeting in the Tampa Bay area without added cost to the CITY. If the total public meetings and presentations as identified in this Agreement are exceeded, compensation may be provided in accordance with Section 7 of this Agreement. 13 *.. - - - .,.--- .---- --- - --......- -- -.,,..- ~ . . ( . . . The CONSULTANT shall attend a prebid conference, answer any contractor questions, and if required assist in the preparation of an addendum (I) to all attendees at the prebid meeting or individuals that have picked up the contract documents. 2.8 CONSTRUCTION SERVICES 2.8.1 BIDDING SERVICES 2.8.2 CONSTRUCTION REVIEW Subsequent to the CITY executing the contract with the contractor, the CONSUL T ANT shall attend a preconstruction meeting. Subsequent to the mobilization of the contractor and commencement of construction, the CONSULTANT shall visit the site periodically to review the contractor's progress. A total of six (6) site visits are proposed for this Agreement. Any changes to the permitted design requested during construction must be approved by the CITY, COUNTY and DISTRICT and the CONSULTANT prior to the implementation of the change. The CONSULTANT shall contact the CITY prior to visiting the site. The CONSULTANT shall immediately notify the CITY in writing with copies to the COUNTY and the DISTRICT of any deviations for the construction plans and/or specifications or permit conditions during the PROJECT construction. 2.8.3 RECORD DRA WINGS/CERTIFICA TIONS The CONSULTANT shall make one (1) final field review of the project with the CITY, COUNTY and DISTRICT. Based upon information provided by the CITY and/or contractor, including a detailed survey of the completed PROJECT signed an sealed by a Registered Land Surveyor, the contractor will prepare record drawings and the CONSULTANT shall submit the final certifications of the project to the CITY once approved and accepted by the CITY, COUNTY and DISTRICT. The CONSUL T ANT shall also submit the project certifications to the permitting agencies as required. The survey required for record drawing purposes will be prepared by the Contractor or CITY. At the completion of the project the original mylars will be provided to the CITY and one (1) set of mylar copies to the DISTRICT. 14 SECTION 3 SUBMITTALS 3.1 SUBMITTAL REQUIREMENTS (GENERAL) Each submittal called for below shall be delivered with a transmittal letter signed by the CONSUL T ANT's Project Manager stating that the submittal package is complete, and all pertinent calculations and details have been checked for accuracy and completion. Checks will be perfonned by the CITY to confmn that the submittal is complete. Incomplete submittals will be returned to the CONSULTANT. All engineering documents must be signed and sealed by a Professional Engineer registered in the State of Florida. 3.1.1 Invoicing from the CONSULTANT and payment by the CITY will be directly correlated to submittal progress as outlined under Schedule of Payments. 3.1.2 The CITY in no way obligates itself to check the CONSUL T ANTs work and further is not responsible for maintaining project schedules. 3.1.3 The actual acceptance by the CITY of any submittal, or the final acceptance by the CITY of the PROJECT plan documents and reports provided for in this Agreement, shall neither constitute nor imply any review or approval by the CITY of the services perfonned by the CONSULTANT under the provisions of this Agreement, but shall indicate only the CITY's acceptance of the CONSULTANTS affirmation of compliance with the provisions and intent of this Agreement. 3.1.4 By executing this Agreement the CONSULTANT accepts the responsibility and obligation to correct, to the satisfaction of the CITY Engineer and Director of Environmental Management, and at no additional cost to the CITY, any and all deficiencies in the preparation of the reports for this PROJECT resulting from errors or omissions at such time and whenever the deficiencies may become known. Final acceptance by the CITY of PROJECT reports and contract documents provided for in this Agreement shall not relieve the CONSULTANT of compliance with the intent of this Agreement to provide the CITY with documents that are complete in every respect. 3.2 SUBMITIAL REQUlREMENTS Prior to the pre-commencement meeting, the CONSUL T ANT shall develop and submit a PROJECT schedule for review and approval by the CITY, COUNTY and DISTRICT. 15 ~ ~ ~'. -- ._---~ --:----~ - ,.""'.......~- .. . ., , The CONSULTANT shall provide interim work products (preliminary engineering reports, 30%, 600/0, 90% plans, etc.), as applicable for review and comment. Upon completion and written acceptance of the fmal design by the CITY, COUNTY and DISTRICT, the CONSULTANT shall provide reproducible mylar drawings for the PROJECT to the CITY. The CONSULTANT sl1aII, upon completion of all work products provide one (1) copy of all reports, maps, modeling on computer disk, construction plans, and other documents to the CITY, COUNTY and DISTRICT. SECTION 4 SERVICES TO BE PROVIDED BY THE CITY The CITY will provide the following for the CONSULTANTs use and guidance: 4.1 Copies of all existing drainage studies and plans, computer information, existing maps, existing aerial photographs, as built construction plans and other available infonnation and data pertinent to the PROJECT which the CITY, COUNTY and DISTRICT may have in their possession. 4.2 Copies of CITY and COUNTY Comprehensive Plans. 4.3 Copies of Clearwater Stonnwater Atlas Maps and Allen's Creek Watershed Management Plan documents. 4.4 Reproducibles of any standard drawings applicable to the PROJECT. 4.5 Water quality data generated by the CITY and the COUNTY. 4.6 Verification of aerial contour grid elevations. 4.7 Boundary survey for project site. 4.8 Electronic copies of CITY title blocks and details. 4.9 Water Quality Monitoring and Testing. 4.10 Example Specifications and Plan Sets from CITY, COUNTY and DISTRICT. SECTION 5 PROGRESS REPORTS 5.1 Subsequent to receipt of the "NOTICE TO PROCEED," and prior to submittal of the first 16 invoice for fees earned, the CONSULTANT shall submit for the CITY's approval a schedule showing the completion dates for the various work items and milestones comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in this Agreement under Section 2, the weight of each work item in proportion to the total work effort, and the portion of the total BASIC FEE assigned to each work itcm. 5.2 The CONSULTANT shall submit to the CITY, no later than the tcnth (10th) day of each month, a progress report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the BASIC SERVICES, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage oftota! work effort represented by each item, and the percentage of total work effort completed. 5.3 All progress reports and invoices shall be mailed to the attention of the CITY's Project Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater, Florida 34618. SECTION 6 COMPENSA TION TO THE CONSULTANT 6.1 The CONSULTANT shall be compensated for all services rendered under this Agreement in accordance with the provisions of Schedule 2 (to be added). 6.2 Services described and provided for under Section 2.0 will constitute the BASIC SERVICES provided for in this Agreement. For the BASIC SERVICES provided for in this Agreement, the CITY agrees to pay the CONSULTANT fee of two-hundred thousand dollars ($200.00Q) which amount shall constitute the total BASIC FEE. The BASIC FEE shall be the total and complete amount payable to thc CONSULTANT for the performance of the BASIC SERVICES, and shall include the cost of all materials, equipment, supplies and out-of- pocket expenses incurred in the performance of the BASIC SERVICES. In the event that this Agreement is terminated under the provisions of this contract the total and complete compensation due the CONSULTANT shall be as established by the CITY based on its detennination of the percentage of Basic Services work effort completed to date of termination. 6.3 Contingency services - When authorized in writing by the CITY, the CONSULTANT shall furnish services such as revisions to schematic plans, additional surveying, and water quality monitoring that may result from the desires of affected property owners, or utility owners, or from other unforeseen circumstance resulting in minor changes in the PROJECT scope. Contingency services could also include, but not be limited to, environmental/contamination 17 . ~* ~ - -'IT'" .----.---~ - --'-. . .~. ~- . . assessments and various survey services as required. The CITY agrees to pay the CONSULTANT, a negotiated fee based on the work to be performed under contingency services, up to an amount not to exceed ten percent (10%) of the BASIC FEE. 6.4 Additional Services - When approved as an amendment to this Agreement, and authorized in writing by the CITY, the CONSULTANT shall provide such additional services as may become necessary because of changes in the services delineated in Section 2. Additional services may also include but are not limited to the following: An expanded analysis and reports/plans needed as a result of project investigations. The CITY agrees to pay the CONSUL T ANT a negotiated total fee based on the work to be performed under additional services. SECTION 7 SCHEDULE OF PAYMENTS The CITY will make monthly payments to the CONSULTANT in accordance with the following terms: 7.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for under Section 6.2, three (3) copies of an invoice for fees for work accomplished. The invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to the percentage of the total BASIC SERVICES work effort completed as reflected by the progress report. 7.2 For the work effort performed toward the project described in Section 2. The payments to the CONSULTANT of the Basic Fee shall not exceed the percentage of the Basic Fee until specific milestone events are completed as follows: 18 .,.- ,~...._._----_. ----- -- _.--,- " . MILESTONE MAXIMUM BASIC FEE PERCENT AGE Conceptual Design 45% 30% Design 65% 60% Design 75% 90% Design 85% 100% Design 95% Construction Bid 96% Construction A ward 97% Construction Period 98% Certifications 100% Note: Payment to subconsultants is based on their services and is not included in the above percentages. 7.3 Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to the CONSULTANT for correction. SECTION 8 PERIOD OF SERVICE 8.1 The CONSULTANT shall begin work promptly after receipt of a fully executed copy of this Agreement; such receipt shall constitute written notice to proceed. 8.2 If the CONSULTANTs design services called for under this Agreement are delayed for reasons beyond the CONSULTANT's control, the time of perfonnance shall be adjusted appropriately. If the design services under this agreement continue for a period of more than two (2) years from the beginning date (as above provided), the fees contained in Schedule 2 shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. 19 SECTION 9 INSURANCE REQUIREMENTS 9.1 Workers Compensation and Employers Liability. The CONSULTANT shall procure and maintain, for the life of this Agreement. Workers Compensation Insurance covering all employees with limits meeting all applicable State and Federal laws. This coverage shall include Employers Liability with limits meeting all applicable State and Federal laws. 9.2 General Liability. The CONSULTANT shall procure and maintain, for the life of this Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the Commercial General Liability Policies of the Insurance Services Office. 9.2.1 This policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the perfonnance of this Agreement. 9.2.2 The minimum limits of coverage shall be five-hundred thousand dollars ($500,000) Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 9.2.3 The CITY will be included and identified as an Additional Insured under the policy/certificate of insurance. 9.3 Business Automobile Liability - The CONSULTANT shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be a three-hundred thousand dollars ($300,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive that the latest edition of the Business Automobiles Policies of the Insurance Services Office. 9.4 Indemnity. The CONSULTANT shall defend, indemnify, save and hold the CITY harmless from any and all claims, suits, judgements and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the performance of this Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or other legal expenses. The CONSULTANT acknowledges that it is solely responsible for complying with the terms of the Agreement. 20 9.5 Professional Liability - The CONSULTANT shall furnish proof of Professional Liability (Errors & Omissions) coverage on an occurrence or claims-made form with a retro-active date inception of contract with CITY or earlier. The minimum limits of coverage shall be five-hundred thousand dollars ($500,000) per occurrence, with deductible or self-insured retention (S.I.R.) indicated. 9.6 Supplemental Provisions 9.6.1 The insurance coverages and conditions afforded by this policy shall not be suspended, voided, canceled or modified except after twenty (20) days prior written notice by certified mail return receipt requested has been given to both the CITY Engineer and the Risk Management Office of the CITY. 9.6.2 Certificates ofInsurance meeting the specific required insurance provisions specified within this Agreement shall be forwarded to both the CITY Engineer and Risk Management Offices of the CITY and approved prior to the start of any work. After review, the Certificate will be filed with the CITY Clerk as part of the official contract file. 9.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other similar document, does not constitute acceptance or approval of amounts or types of coverages which may be less than required by this Agreement. 9.6.4 The CITY may at its option require a copy of the CONSULTANT's Insurance Policies. 9.6.5 All insurance policies required with this Agreement shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the CITY. 9.6.6 Safety and Health Requirements 9.6.7 It is the CONSUL T ANT's sole duty to provide safe and healthful working conditions to its employees and those of the CITY on and about the site of Agreement performance. The CITY assumes no duty for supervision of the CONSULTANT. 9.6.8 The ClTY will order that the work stop if a condition of immediate danger to CITY employees, equipment or property damage exists. This provision shall not shift responsibility or risk of loss for injuries or damage sustained from the CONSULTANT to the CITY, and the CONSULTANT shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of CONSULTANT perfonnance. 21 9.6.9 The CONSULTANT shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate Federal, State, and local regulations or CITY safety and health standards. SECTION 10 REQUIRED STATEMENTS The submission of sworn statements under Section 287. 133(3)(A) Florida Statutes on Public Entity Crimes and a Drug Free Workplace in accordance with Section 287.087 are required prior to the execution of this Agreement. SECTION 11 TERMINATION This Agreement may be terminated by either party by seven (7) days prior written notice, in the event of substantial failure to perfonn in accordance with the terms hereofby the other party through no fault of the terminating party. If the Agreement is tenninated, the CONSULTANT shall be paid in accordance with the provisions of Schedule 2 for all work performed up to the date oftennination. SECTION 12 SUSPENSION, CANCELLATION OR ABANDONMENT In the event the project described within this Agreement, or the services of the CONSULTANT called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the CONSULTANT shall be given twenty (20) days prior written notice of such action and shall be compensated for the professional services provided and/or related fees for which there is an irreversible obligation up to the date of suspension, cancellation or abandonment. 22 ,..f<,' ' . AGREEMENT FOR CONSULTANT SERVICES FOR THE DESIGN AND CONSTRUCTION OF A WATERSHED REHABILITATION PROJECT AT HERCULES AVENUE AND ALLEN'S CREEK SECTION 13 EXTENT OF AGREEMENT This Agreement represents, together with all Exhibits, the entire Agreement between the CITY and the CONSUL T ANT and may be amended only by written instrument signed by both the CITY and the CONSULTANT. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey Mayor-Commissioner Elizabeth Deptula City Manager Approved as to form and legal sufficiency Attest: By: John Carassas, Assistant City Attorney Cynthia E. Goudeau City Clerk Witness: By: '~,~~ E. Peter Nikolov Project Manager Patrick L. Be er President 23 . ~ --. .~ . ~.- --~----:~-~: ----:---.., :-'. -..- .-- ~', ".' .. D.:SIG~ OF A WATERSHED REJlABILlTA T10~ PROJECT AT HERCULES AND ALLE:'Ii'S CREEK 0312696 04:44 PM :\'A~HOt'R A~l> FEE ESTI"ATE t :~,~~pn~:"~=~",' ~ ~:~:'" ~..'.:'~T~~' ]}1r~'.L~i~~l~~,:j~~~~r;~~;f~T~~~I~~f~~~~; , I MEETINGS l i r-- . ------------ ---------- -.------------- -- ---. ---- ----------------- ---..--- -..-. ----------..--.-.-------..-- -.-----...-- ~Prtdes!gn Conference Meeti!l.g_(~L______ _____ ___~___ _ ___}_____ ____2____________ _ ______ __u_________~____j----~_- __ S578.oo \ Monthly Design Meeting (14) ____________ __________lL___ ___ ~~___ _ ____~~__ __ ____ _____ ____ _..___ _ __~_______ _~~___ _.!~.364.00 ! Utili!)' Coordination Mectin.a (2) ____ __ ____ ___ ________ _ ______ ____ ~________ ____ _____h___ _~____ _ ______~_____ _ S412.oo .. ;Public Hearing Meeting (2) __________ _____~_____ _____g____ __12_ _________ ___1~__ ___8______ ____)~____ _~}2~0.~ ; ;Pre-Bid Meeting (1) _____________ _______ ______-2_________~u__ ____ -----f------- ______~_____ __~_ S362:QQ___ ; iPre-Construction ~1eetin8..i!}___~~___ ___on___ ._______. ___L___ __}__~. _____...__.___ ____.__ _.__~_ .__. .__._.~_ _ ~___ ___~_~_~~ " 'Other Meetines (2) 2 4 4 4 14 S940.oo l Sub-total _______ _1~__ 50 ~~_ _Q..._____ _ 16 ___~O__ __192__ SI2,338.~ l I k lDATA COLLECflON PJL\SE ~ Collect Project lnfonnatiom r Review Data , I r :Define Deficiencies of Data ~ Sub-total , , ~ 4 " I I t t ~ q . " , i \ , t , ----------.------.--.-- -------------- ------.--t--------.- -------- -----.------- ------- .- ---_._---- --------- ------- -----------.- --------- ------------ -------- ---- 4 4 2 10 S654.oo ____u_ _____ ___. _ ___ __ ______ -________ ___._____., 1-__' .___ _______u___ ---.------.- 4 8 2 14 S926.oo ____________ .________ ___'_'___ ____ >--______ ________. ______ _____n___ 4 8 2 14 S926.oo o 12 20 0 0 6 38 S2,506.oo ------f-..----- -.------ ----- --- - -------- -- ---------- ------ 3 ----.------ -- ---- --- ------ ------- --- -- --------- ------- -- ---------- ---'-- -------- CONCEPTUAL DESIGN PHASE ____________________ _________ _ _________. _ ____________ ______n__._ _.__.____ ________..____ Brainstonning MeetingQL__________ ___!?_____ _____!~____ _J?__ _______ _ __!..__ --.--!4___ S3,328.00 ,Prepare Alternative Design _______ ___~___ ___~__ .____~_ ______ ___________ ~___ __ 46 S3,236.00 Prepare Preliminary Concept Plan__ ______. __ ~_ _~....;_1~_ _____ _ ~_ S4 S3,362.00 Prepare Preliminary Concept~':l____ ____ _______ __!~__ 40 16 72 S4,528.oo Incorporate Review Comments __ ____ ____.L_ 16 16 4 _ 44 S2,812.oo Prepare Final Concept Plan ________ _______ __~ ____~_ _~__ ____~__~6 S5,418.00 Preoare Final Conceot Reoort 4 4 2 10 S654.00 Sub-tolal_ -.l~_ ___ 80 152 56 0 54 356 S23,338.00 "-----' '--- - ------ ------ DRAINAGE ANALYSIS -- ---..----- -------- ----- i--------f--- ----- Delineate Drainage Basins _____ .___~____~ 4 __ 12 Evaluate Soils 2 4 6 -----.--------I---------f------ -----.-- --- -- Establish CNlRunofT CoelT 2 4 4 10 .---.-.--- ---.- - :Establish land Use 2 4 4 10 _.________ __....____ __u_____ _ ____ Estabish Tc__________________ ____J___ ____ 4 4 __ 10 Stonnwater Modeling___________ __~______..2.Q__ ___J1__ __ 20 _ 4 __ 100 ,Coordin~ion wI County ~od~________ __ _____ _____ ~__ __ 24 4 ___ __ __~____ __.1!._ :Culvert AnaJ~~_ _____________..________ _____~_____ __~L____'L_____ 4 28 jErosion Control Anal~is__ ______ _______ 4 _ ---.!_____ 2 __ _~_ _ 16 Drainage Reoort 4 16 16 16 16 68 Sub-total 8 72 136 62 0 30 308 __________..___..________....___ _.________u_____________ __ ._____ __-_ ____ ________ S824.oo S428.oo $668.00 S668.00 S668.00 S6,868.OO $3,260.00 SI,780.00 $1,046.00 S4 288.00 S20,498.00 ____ ___ _______ ____ __ ____ __. ue_ _______ ..___________ ---- ._---------- -- ----- , 5 ,ENVIRONMENTAL ANALYSIS [ 'Delineate Jurisdictional Areas -----:_~~~-_-~--- =~~-- -_~=- =-=-=-i=- _--=-t~-=~ ~__ _____~= ~_=_-t_~--=~~l!._~-_SI,250.oo I .WetlandAreas Analysis __n__m_~______ ____ _ _ _L_ _ }!___ ___~___ ___ ___ ___ 2 ___~____ S2,818.oo } :Red Maple Areas Analysis______ ________.. ______ __ 4 _ _ __ _.24 __.._~_~__ __ ______ __ _ _~q _ __~_ ___ _S2,97_~ ~_llanting Assessment _____ d____ _ ____ _ _________ __ 2 _..___1~____ ___~______ __.. ___ __ _ ... 2__ _ ____~L...__..J 1,794.00 · Environmental Reoort 8 24 16 10 S8 S3,566.oo Sub-total 0 18 96 64 0 18 196 S 12,402.00 i;------+---d-----.--.---.-- ---...----- ; 6 ,PUNS PREPARATION ..---_._---~.._--~--_..-.._-_. -. -.. --- ) Plans Prcoarartion L--2~~.tot~______________ ___ __ t . -- .. ---.._.-- -- -- .. 116 116 308 219 12 308 219 12 6 (> d. -. -- ..'__ .h____.___ 667 S44,470.OO 667 _S44,4}O.00 __ -- --- . -_. . 42 S2,9..~~:~ __ 204 S 13,488,00 74 'S4,908.66- . n_ ..' - 22 S' 524.00 I 342 S22,89ltOO :, _'_4 .___________.___ ~------ -. .-. -- --- '7 PERMITTING ~--~AgcnCifoordi~~ion=~~~-~~~----~~ -_ . --- L_---1'~ll!~_~e.nnits and Calcu!~i<?Es._____ ... ~ Pennit Revisions r ~PerffiitCertifications---n--- ------- __n_ - ~___..__~ub:~ot~L_____________H ___ .. __ ___ 44 _ ____..__~ _._. _'h ~ 16 6 24 12 4 46 16 16 -- .- 44 84 - .-.. -. .--- ~ --_.-. .'-. 16 24 .-- .--. 8 8 84 132 4 8 6 2 20 60 0 ~"1"' . . -. - _w_____ .-- -- --~- _.__w.____ ~'_' _._.__~_ ______~ _.---.~- - , , . I ---- 1------- ---- ------ ___..__ ___ __n_._ n___,_ _._.________ -- ..*--_._- . I jEDllCAT10NAL DlSPLA....S .- --. --------- ---- ---- ~ IPreoare Educational Graphics 4 16 24 16 6 66 54 482.00 5 'Sub-total 4 16 24 16 0 6 66 54,482.00 h I ------ --_. I ~ , ;DES1GN TASKS r. i General Notes 4 4 2 10 S704.oo l IUtility Checks 4 4 4 2 14 S894.oo r- QuantitieslEarthwork 4 12 24 2 42 $2,638.00 a Cost Estimates 4 8 8 2 22 S 1 ,406.00 Specifications 16 16 4 8 44 52,856.00 iO/C Promm 4 16 8 2 30 52,294.00 . Sub-total 4 48 52 42 0 16 162 $ 10,792.00 10 CONSTRUCTION SERVICES Field Reviews (6) 10 12 12 34 S2,016.oo - - - Review Record Drawings 4 8 2 14 $926.00 Sub-total 0 14 20 0 0 14 48 $2,942.00 'Subtotal (1 thru 10) 78 510 994 519 28 246 2375 S 1 56,666.00 Reimbursable Expenses (10%) S9,400.oo , Total $ 166,066.00 .. ,ALLOWANCES , SurveyingIPlanimetrics SI6,000.00 i Geotechnical S3,000.00 Environmental SI4,929.00 I ~ IGrand Total 78 510 994 519 28 246 2375 5199,995.00 .- IL- C:\l23R5W\WORK\ALLENSMH. WK4 fii r' ~> ~nz;' "':'i".,:; ;.:...~.~~::.:'<;.'......~ f.~~:.~~~t~;.~il 'n~ f:r.l en nJZ .J ,,' .,: N" .... ..... "I' .J:_ c:; Z~JZ . .;. .. ~ ,.' ": ~.: '...., ..,~ ,':; ~ ~ ~ ,,'~:'. '. . "'.~." ,; ,,:::. :., '. . .<~t /.CJZ < ~" ~IZ : " -: .~ .~ , ~. L'7', to *~~I ';" .:.' - .' f'~;1 ,.... E-t QGlZ '" ' " , · ::.t!""\, ' !.f ' . . ;~I "'z ~ y. ~ ~ ~c'! Iii ~IZ .,:,~. ~. . :!:.'.. ';~" L~ k I .' " .. ~;I ~ <l" <<> . ~ :... ~ r li: '. '<do i~': ~ "~'.~'~. '~> ~:"~' t: >F'::~','. 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G '8018 dO -OJ ~~,i;.:I g >klV d lVI~3d~1 ... o 00 3ntG\v () ~ L '~O-18 dO-a:) ClQ ~ 00) ... ... IQ :? ...... en 1.0 O'l V") Ol I.' '.\" ~ vl . .". -) v.' '''J ~ J J..~ COli') ttlZt"') \l') ~IZ N If) "It .- If) !RIZ o If) O'l ~ &JJZ r . 1:90e c 6;~ ex ... (' rl'QZ c (OC" I (' cnr c:o~ 6t;'ca' gf:~ " " " Iroz I"") It),, " J,ZOZ v ~g: -S- ~ In oz ('oj SUR .... ~ () ~ .. c- o ... .... 0'1 ,.., 0'1 ",' PLANS PIU:PARATIOS DESIGN OF A WATER.l5UED REHABILITATION PROJECT AT HERCULES AND ALLEN'S CREEK eM ,b.vt. 3c;;, - . .. =--7-'=--'" ---_.- - ProfeCt- --- PT~ Clerical ~~~b~~~ I TASK IDESCRlPTlON Nium~r --PrOjmmjcct Sheets Princi Mana er Eni!neer Desilmet' Drafter StatT FEE _ _ _'. _ /I $.\08~ s.!.~.OO $68.00 _ S60~<>9. - S40.OQ..._ S3S.00 - f--- -- iPLA.~S PREPARATION iCovtr Sheet 1 1 2 4 7 7 $454.00 'General Notes -- --I -- 1 2 6 2 II 11 $644.00 Typical sections '--.- 1 2 4 6 12 12 $788.00 ---- IErosion Control 1 2 2 4 8 8 S532.00 Soli Boring Logs --'" I 1 2 4 7 7 S374.00 - . Plan 3 2 12 24 12 50 150 SI0,512.00 . -- --- Pian and Profile 6 8 16 8 32 192 S13,152.00 'Geometric Alignment 2 -- 4 16 24 48 S3,280.00 4 '-- - Cross-sections (4 per sht) 9 2 4 6 12 108 57,092.00 Plantings Sheet 2 2 16 16 34 68 $4,408.00 Construction Details 2 4 16 8 28 56 $3,760.00 - -- I -- - !Sub-tolal (per sheet) 29 2 39 104 74 4 2 225 667 i% total 0.89'110 17.33% 46.22% 32.89% 1.78% 0.89% 100.00% Hrs per total sheets 6.00 116.00 308.00 219.00 12.00 6.00 . .- "-- '-- --- I IGnnd Total 6 116 308 219---.!L-=I 6 667 544.470.00 I .- =.':-: - -- -. ,. -.-- = -..--, C:\I23IlSw\"''ORK\ALLENSMK. WX. C f)o Clearwater City Commission Agenda Cover Memorandum 31 Item # Meeting Date: c;,.Ce 'Cl (f SUBJECT: Land Development Code amendment pertaining to density and the requirements for calculations resulting in a fraction. (lDCA 96-14) RECOMMEN DATI ON/M OTI ON: Receive proposed Land Development Code Amendment and refer to City Clerk for advertising for public hearing. [] and that the appropriate officials be authorized to execute same. SUMMARY: City staff has identified a need to revise the land Development Code pertaining to the requirements for calculations resulting in a fraction. Also, as a housekeeping measure, the word "net" must be deleted for determining density as the code now defines density as units per gross acre. Changes: ~ A fraction of one-half or more shall be considered a whole. ~ A fraction of less than one-half shall be disregarded. ~ Rounding of numbers shall be done after computations are made. , ! J . \ ~ "Net" is deleted from density calculations, consistent with rest of code and the comprehensive land use plan. ~: 1 . s J . Revi ewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM t .D-S -lUA N/A N/A N~tt.. Originating Dept: CENTRAL PERMITTING Costs: S N/A Total User Dept: $ Current Fiscal Yr. commission Action: o Approved o Approved w/conditions o Denied o Continued to: Slbnitted by: LJX;T- City Manager~7--v ;" Advertised: Date: Paper: ~ Not Requi red Affected Parties o Notified ~ Not Requi red F~ing Source: o Capital Imp. o Operating o Other Attachments: DRAFT ORD I NANCE o None Appropriation code: ~ Printed on recycled paper ~~ ."~. ._---~._.'-- -." ~.. , . Page 2 ~,,(:~i>::i I {;7:. :," 31 This ordinance will need to be reviewed by the Planning and Zoning Board. The following public hearing schedule is proposed: BOARD ACTION DATE CITY COMMISSION RECEIPT & REFERRAL JUNE 6, 1996 PLANNING & ZONING RECOMMENDA TION JUL Y 2, 1996 CITY COMMISSION FIRST READING AUGUST 1, 1996 CITY COMMISSION SECOND READING AUGUST 15, 1996 i I I i I i l I I , . . ' :' . - , : ' , . . .'., . "" . " . ~", 37 ~..L- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 40.007, CODE OF ORDINANCES, TO AMEND AND REVISE THE INTERPRETATION OF AND VARIANCE FROM CHAPTER SECTION BY DELETING THE REFERENCE TO NET DENSITY, BY DELETING THE OLD AND ADDING NEW REQUIREMENTS FOR CALCULATIONS RESULTING IN A FRACTION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 40.007, Code of Ordinances, is amended to read: Sec. 40.007. Interpretation of and variance from chapter. (1) The administration, interpretation and application of the provisions of this chapter not .otherwise specifically set out in this chapter shall be as set forth in chapter 35, which contains the Preamble, and chapter 36, pertaining to administration and enforcement, of this development code. (2) Any discrepancy between the minimum required lot size for a particular category of use and the maximum permitted Bet density for a given zoning district that would result from applying the minimum required lot size times the potential number of lots in a given district shall be resolved by applying the minin1um required lot size for the individual category of use. (3) Any mixed use development which includes a density-regulated use and a non- density-regulated use shall have the permitted unit count determined by the following formula: * * * * * For the purpose of determining the actual number of residential dwelling units or hotel/motel units vlhich may be permitted on a given parcel of land, fractions of units which result from mathematically computing such unit count shall not be deemed to equal a unit. * * * * * (5) When any requirement of this chapter results in a fraction of a unit. a fraction of.!IDe:: half or more shall be considered a whole and a fraction of less than one-half shall.be disreiarcf.e{.L Roundin~ of numbers shall be done after computations are made. , ..I ' , , ' ",,:1,. 3'7 ". " :i J I I , I I i i Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: .~J " Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk .;. . .,. .~ . ::\' 2 ~'; cr II Clearwater City Commission Agenda Cover Memorandum 33" Item # Meeting Date: ~ .(~ .q 4; SUBJECT: land Development Code amendment allowing car rental uses as a conditional use in the Beach Commercial District and Resort Commercial 28 District, identifying standards for approval of car rental uses in the aforementioned zones, specifying that conditional use applications for outdoor displays must be compatible in scale and appearance with surrounding uses to be approved, and deleting the requirement for a minimum lot size of 30,000 square feet for outdoor retail sales, displays and/or storage uses in Infill Commercial Districts. (LDCA 96-13) RECOMMENDA TION/M OTION: Receive proposed code amendment and refer to City Clerk for advertising for public hearing. [] and that the appropriate officials be authorized to execute same. SUMMARY: Several property owners on Clearwater Beach recently submitted the attached letters to the City requesting car rental uses be allowed within the Beach Commercial District and Resort Commercial 28 District. This issue was last considered by the City Commission on January 19, 1995. (See attached minutes.) In response to these property owners, City staff prepared an ordinance which proposes to: ~ Allow car rental uses as a conditional use in the Beach Commercial District and Resort Commercial 28 District, and identifies standards for approval of car rental uses in the aforementioned zones. In addition, staff has identified a need to make other amendments pertaining to outdoor retail sales, displays and storage uses: ~ Specify that, to receive conditional use approval, outdoor retail sales, displays and/or storage must be compatible in scale and appearance with surrounding uses without causing an undesirable concentration within the vicinity or along a roadway corridor. Revi ewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM lD-,5 N/A N/A N/A ~ f(A Originating Dept: CENTRAL ITTING Costs: $ N/A Total Commission Action: o Approved o Approved w/conditions o Deni ed o Continued to: User Dept: $ Current Fiscal Yr. Advertised: Date: Paper: 181 Not Requi red Affected Parties o Not i f i ed 181 Not Requi red FlrIdi ng Source: o Capi ta lImp. o Operating o Other Attachments: DRAFT ORD I NANCE 1/19/95 CC MINUTES LETTERS (3) Appropri at i on Code: o None .~ l d ~. Printed on rccyc e paper LDCA 96-13 Page 2 ~ Delete the prohibition of temporary buildings, portable buildings, tents, stands, trailers and vending carts in conjunction with outdoor sales, displays or storage uses. ~ Delete the restriction that outdoor sales in the Downtown/Mixed Use District be limited to vegetable and fruit stands. ~ Delete the requirement for a minimum lot size of 30,000 square feet for outdoor storage in the Downtown/Mixed Use District. ~ Delete the contradictory language prohibiting outdoor sales and displays of boat and vehicles in the Infill Commercial District. ~ Delete the requirement for a minimum lot size of 30,000 square feet for outdoor retail sales, displays and/or storage in the Infill Commercial District. This ordinance will need to be reviewed by the Planning and Zoning Board. The following public hearing schedule is proposed: BOARD ACTION DATE CITY COMMISSION RECEIPT & REFERRAL JUNE 6, 1996 PLANNING & ZONING RECOMMENDA TION JUL Y 2, 1996 CITY COMMISSION FIRST READING AUGUST 1, 1996 CITY COMMISSION SECOND READING AUGUST 15, 1996 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 40.365, 40.384, 41.053, CODE OF ORDINANCES, TO ALLOW CAR RENTAL USES AS A CONDITIONAL USE IN THE BEACH COMMERCIAL DISTRICT AND RESORT COlviMERCIAL 28 DISTRICT, IDENTIFYING STANDARDS FOR APPROVAL OF A CONDITIONAL USE APPUCATION FOR CAR RENTAL USES, SPECIFYING THAT CONDITIONAL USE APPROVAL OF OUTDOOR DISPLAYS REQillRES COMPATIBILITY IN SCALE AND APPEARANCE WITH SURROUNDING USES WITHOUT CAUSING AN UNDESIRABLE CONCENTRATION OF SUCH USES, DELETING A PROHIBITION OF TEMPORARY BUILDINGS, PORTABLE BUILDINGS, TENTS, STANDS, TRAILERS AND VENDING CARTS IN CONJUNCTION WITH OUTDOOR SALES, DISPLAYS, OR STORAGE USES, DELETING A RESTRICTION IN THE DOWNTOWN/MIXED USE DISTRICT TIIAT OUTDOOR SALES BE LIMITED TO VEGETABLE AND FRillT STANDS, DELETING THE REQUIREMENT FOR A MINllvIUM LOT SIZE OF 30,000 SQUARE FEET FOR OUTDOOR STORAGE IN THE DOWNTOWN/MIXED USE DISTRICT, DELETING LANGUAGE PROlllBITING OUTDOOR SALES AND DISPLAYS OF BOATS AND VmnCLES IN THE INFILL COMMERCIAL DISTRICT, AND DELETING THE REQUIREMENT FOR A IvnNIM:UM LOT SIZE OF 30,000 SQUARE FEET FOR OUTDOOR RETAIL SALES, DISPLAYS AND/OR STORAGE IN THE INFILL COMM:ERCIAL DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF TIlE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 40.365, 40.384 and 41.053, Code of Ordinances, are amended to read: Sec. 40.365. Conditional uses. Within beach commercial districts, the following uses may be allowed as conditional uses: * * * * * .a.u Outdoor retail sales. displays and/or storage (car rental only). * * * * * Sec. 40.384. Conditional uses. Within resort commercial 28 districts, the following uses may be allowed as conditional uses: * * * * * il.U Outdoor retail sales. displays and/or storage (car rental only). * * * * * Sec. 41.053. Supplementary standards by category of' use. The standards in this section which apply to the identified category of use shall supplement the general standards of use identified in section 41.052. No conditional use shall be authorized unless detennined to meet all of the standards applicable thereto. * * >i< * * (22) Outdoor retail sales, displays and/or storage may be allowed within the urban center (core), urban center (eastern corridor), general commercial, highway commercial, infill commercial, commercial center, downtown/mixed use, beach commercial. resort commercial 28. and limited industrial districts subject to all of the following: (a) The outdoor use shall not adversely affect the community appearance objectives of the city. In particular. all items displayed shall be compatible with the surrounding land uses in scale and appearance, without causing an undesirable concentration of such uses within the vicinity or along a roadway corridor. In particular, no temporary buildings, portable buildings, tents, stands, trailers, vending carts or like buildings or structures shall be utilized in conjunction '.vith tho use. .(Q} In beach commercial and resort commercial 28 districts. only car rental operations shall be allowed under this category of conditional use. (b) In downtown/mixed use districts, outdoor retail sales and displays shall be limited to vegetable and fruit stands and similar uses. For outdoor storage uses in downtown/mixed use districts, a minimum lot size of 30,000 square fret shall be provided. (0) In infill commercial districts, outdoor retail sales and displays of boats and 2 ORDINANCE NO. vchicles sholl be prohibited, except for vehicle sales approved by the planning and zoning board as a'tlonditienal uso. (d) In infill commercial districts, a minimum lot size of 30,000 squarc feet shall be provided for this use. ~e) The use shall comply with all of the general standards contained in section 41.052. Section 2. The provisions of this ordinance are found and detennined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to fonn and Attest: legal sufficiency: Leslie Dougall-Sides, Asst. City Attorney Cynthia E. Goudeau, City Clerk 3 ORDrNANCE NO. c:: ~. > . . . Commissioner Thomas requested a 30-day continuation of this item because he had not received input from the Development Code Adjustment Soard (OCAS). The City Manager indicated a memorandum was issued. Mr. Shuford reported that DCAB had recommended approval of the proposed ordinance. Mayor Garvey said once the process starts, staff must hold applications contrary to this ordinance. Commissioner Thomas questioned if the clock stops once staff prepares an ordinance. The City Attorney indicated said, according to case law regarding pending ordinances, a City can refrain from issuing permits based on that ordinance. She did not recommend this law be used casually. Commissioner Deegan thought the City could not use a pending ordinance. The City Manager said the City could use a pending ordinance to deny a permit. Commissioner Berfield questioned if that law applies to variances, too. The City Attorney said the City could stop granting permits pending adoption, in the nature of a moratorium. She recommended caution in its use. Commissioner Thomas said he wished to continue this item for 30 days to review the minutes and conflicting opinions of DCAB and the Planning & Zoning Board (P&Z). Mayor Garvey referred to Mr. Zinzow's concern that these items are enforced retroactively. The City Attorney said the City could institute an amortization schedule. Com "issioner Thomas moved to continue this item for thirty days until February 16, 1995. The motion was duly seconded and carried unanimously. I JIEM #19 - Public Hearing & First Reading Ord. 5755-95 - LDCA re outdoor retail sales, displays, and/or storage in the Beach Commercial and Resort Commercial zoning districts (LDCAHCP) Staff has received a request from Jerry Miller to establish a car rental operation on Clearwater Beach. None of the zoning districts on Clearwater Beach currently permits car rental operations. The City regulates car rentals under the use category of outdoor retail sales, displays, and storage. Existing car rental operations on the beach were established before current land development code requirements. Given the tourist nature of Clearwater beach, staff feels the use is appropriate. Mr. Shuford said the P&Z has recommended approval of this proposal. Commissioner Thomas noted when the Commission addressed this earlier, he had indicated he wanted rent-a-heap type businesses prohibited and only standard new cars permitted. Mr. Shuford said he addressed that recommendation with the City Attorney who indicated the City could not be that specific regarding the types of vehicles but could address appearance issues. Commissioner Thomas referred to Sec. 41 .053(23)(a) "the outdoor use shall not adversely affect the community appearance objectives of the City; in particular, the items displayed in the outdoor use shall be compatible with the surrounding land uses in scale and appearance.. He felt the language is very subjective. The Cit'), Attorney indicated she could not find the ability to limit rentals to new cars. Commissioner Thomas reiterated his mincc01 d.95 18 01/19/95 . ~l : 't',.' .. . - -. .-* concern that the language is subjective. The City Attorney said the compatibility issue is something people are familiar with judging. Commissioner Thomas said car rentals on Clearwater b.each would be inappropriate because they would be uncontrollable in this small community with its limited real estate. Mayor Garvey questioned if this would require visitors to obtain rental cars at the airport. Commissioner Thomas noted rental cars are available Downtown. Commissioner Fitzgerald questioned if the proposal would create parking problems on the beach. Mr. Shuford indicated an applicant would have to get a conditional use permit at which time all site issues would be reviewed. Mr. Shuford noted car rental is a tourist business. Commissioner Fitzgerald questioned if anything addresses why this is not permitted. Mr. Shuford said nothing addresses this issue. He noted the general trend is to allow a wider range of uses with appropriate controls in place. Commissioner Fitzgerald agreed with Commissioner Thomas that there is a relatively constricted area on Clearwater beach and the number of vehicles there already is a problem. He said he did not support the suggestion the first time it was discussed. Commissioner Deegan agreed with Mr. Shuford's reasoning. He said the beach is a resort area where tourists expect to find rental cars within walking distance, not miles away. As this is an amenity tourists expect, he felt this type of business made as much sense for the beach as anywhere. He said the business would only require four or five parking spaces. Commissioner Deegan recommended reducing the size of parking spaces to increase their number. Commissioner Deegan moved to approve the code amendment concerning car rental operations in the Beach Commercial and Resort Commercial 28 zoning districts. There was no second. Commissioner Thomas moved to deny the code amendment concerning car rental operations in the Beach Commercial and Resort Commercial 28 zoning districts. The motion was duly seconded. Commissioners Fitzgerald, Berfield and Thomas voted "Aye"; Commissioner Deegan and Mayor Garvey voted "Nay." Motion carried. . Commissioner Deegan moved to that Commission Thomas explain to Jerry Miller why this item was denied. The motion was duly seconded and carried unanimously. JIE.M #20 . (Cont'd from 11[17/94) Public Hearina & First Reading Ord. #56Q3-95 - LDCA re Wetland Area Setbacks (Amending Sec. 42.28 to require vegetative buffer setbacks adjacent to "Jurisdictional Wetlands" under jurisdiction of the State of Florida)(LDCA 94- 21 )(CP) Commissioner Berfield moved to continue this item until February 16, 1995. The motion was duly seconded and carried unanimously. ~earina - Second Readina Ordinances mincc01 d.95 19 01/19/95 1-~~'-t.';'o -'., -~,. :' ;" I April 4, 1996 William Kebort Bay Bazaar Center P.O. Box 3342 Clearwater Beach, FL 34630 Mr. Scott Shuford Director of Central Permitting P. O. Box 4748 Clearwater, FL 34618 Dear Mr. Shuford: Bay Bazaar Center is a shopping center located on Clearwater Beach. Last year, a rental car agency approached me about the possibility of leasing space in the shopping center. When we contacted the city, we were told that no more rental car agencies are not allowed on Clearwater Beach. I believe there are currently two rental car agencies on the beach. These were "grandfathered" in years ago. William Kebort Bay Bazaar Center i 1 I I I I i I would like to ask the city to consider a code amendment to this law. I feel it would be a definite benefit for the tourists on the beach. Please consider making this code amendment. :;zince ely, ~~7 t,/ ~, _ ~~h //~ "'~ ~ " ~'~:.:~7;;I.~l(~:;~-::-~ " \:~:~.;~.; ':i-i'.~':._..': ::..:-..:.-;:-- '1' t ~, .~ :'~.,.. i ".... ,'''' ~.i. \ 't i .i \ :r<; \ n } I "::;(' 11':{ l;\"~'fl;'. . '/, \ ,; / ,~.'!'\ .;, ~ "t l\ . ~"j '-...." '':11''''1 .....J 1..t j <;(ii t ~ j ~ · A \ ~~ ~ .; ; .... fl. f:~ . .1 ~ I ~ Jj~ APR 0 8 1996 7j~Jl) C~:\!TRft.L PERMiTTiNG elf\' OF CLEI\R\NATER Robert E. Malke Post Office Box 2124 Largo, Florida 34649 (813)584-8350 April I, 1996 Mr. Scott Schuford Clearwater City Commission 112 South Osceola Avenue Clearwater, FL. 34615 Re: Ordinance regulating outdoor business Dear Mr. Schuford: The purpose of this letter is to make a request of the City to reconsider the ordinance which presently prohibits the operation of outdoor business including rental car agen- cies on clearwater Beach. There is a potential need for these types of businesses on the beach. Currently any tourist that is interested in renting a car must either pay for a cab to transport them in to town or wait far too long until one can be delivered from one of the other rental car locations usual- ly from another beach south of ours or even from Tampa. Additionally, with the prospects of higher taxes on the rental cars in the county of Hillsborough, the demand for cars in Pinellas might increase. Hopefully this issue will be given serious consideration as car rental agencies will provide a convenience to the visit- ing tourist and business executive alike. Thank you. ~f~ obert E. Malke REM/tlm .. ....r.. ..-- .~t:i~;~:I~' CENTRAL PERM\TflNG CiTY OF CLEARWATER March 25, 1996 Mr. Scott Shuford City of Clearwater Central Permitting Department 10 S. Missouri Ave. Clearwater, FL 34616 Dear Mr. Shuford: As you are probabiy aware, the Best \Vestern Sea Stone Resort & Suites on Clearwater Beach has been leasing a small office to various rental car companies for over 10 years. Your department even issued an occupational license, this year, for that purpose. It has now been brought to my attention that this use is no longer permitted in our district and because of the failure of one of our tenants to re-new their occupational license some years ago we can not be grand-fathered in. With this in mind, I would like to request that you and your department consider bringing to the city commission a change in land use to our area. The operation of satellite car rental sales offices is of great benefit to the hotel industry on Clearwater Beach. Over 50% of our custonlers come in by air and many do not have rental car plans until they arrive, or specifically book our facilities, because they can arrive from the airport and have their cars waiting for them at the hotel. The rental car companies do not store very many cars in our parking lots or even in the beach area. They are more of a sales or a pick-up desk where the customer rents a car and it is delivered for their use. The impact on parking is really never more than a couple of spaces a day. In a time when the tourism industry needs all the help it can get, this is one of those small amenities that makes us a full service resort destination. If I can be of any help to you in this process please let me know. Sincerely, h;~//' 7}_ Daryl J. Seaton President ~~~ ~';"I > '" K'" ,~" " PIf ~~ ~' ..,.. · ~~, '.'.7' ' .. ,'\''I,L~ i ;'I't,;~"~ir.<,, ,.,:",. I 0/',',,',<>. ~.....,"". . 'Lil.Y . J:L' .JL{ P,,- ~.' . ~. ~,;. ~:~. -~-~.~ Sea Wake Hesorts, Inc. 4.1:) Hilrnunn Drive CII'i'irwater Beach, Flomla 34630 (813) 442-6123 Fax (813) 449-1580 Best Western Crystal River Resort 614 N.W. Highway 19 Crystal River. Florida 34428 (904) 795-3171 Fax (904) 795.3179 Best \Vestern Sea Wake Inn G91 S Gulfview Blvd Clearwater Beach. Floridil 34630 (813) 443-7652 Fax (813) 461-2836 Best Western Sea Stone Resort 4.15 Harnden Drive Cleilrwatcr Beach. F:orlda 34630 (813) 441-1722 Fax (813) 461-1680 For Reservations Call 1-800-444-1919 mTE@mUWJ~fUl APR 0 I 1996 W CENTRAL PERMITTING CITY OF CLEARWATER DJS:slg . . , , A G R E E K B N ~ 39 THIS AGRBEMENT, made and entered into this day of , 19 by and between chrls J. McClure. of 2275 N. Manor Blv~. , Clearwater, Florida 34625, hereinafter referred to as "Owner," and the CITY OF CLEARWATER, PLORIDA, a municipal corporation, hereinafter referred to as "City;" , . I T N B S S B T B : WHEREAS, the Owner presently owns the real property described herein, and has requested that the city install a sanitary sewer line and facility to make sanitary sewer service available to serve the property and that the Owner be permitted to tap into the sanitary sewer line upon installation; and WHEREAS, the Owner is agreeable to have the city of Clearwater complete said special improvement and upon completion thereof to have the city immediately file a lien against the property in the amount of their pro rata share of the cost of installation of the sanitary sewer line and facility; and WHEREAS, the city is willing to install the sanitary sewer line and facility to serve the property under certain conditions; HOW, THEREFORE, in consideration of the foregoing premises and other good and valuable considerations, the parties hereto agree as follows: 1. The Owner agrees that the city may immediately commence and complete the installation of a sanitary sewer line and facility to serve the real property owned by them, legally described as follows: Lot 85, Clearwater Manor Subdivision according to the map or plat thereof as recorded in Plat Book 41, page 66, Public Records of Pinellas county, Florida. Known as: 2275 H. Hanor Blvd. Clearwater, Florida 34625 and that upon completion of said work that the City may immediately file a lien against the real property in the amount of $670.00 which is the Owner's pro rata share of the installation of the sanitary sewer line and facility. Said lien shall provide that it may be paid in ten equal annual payments in the office of the City Clerk with interest at the rate of 8% per annum from the date of the lien until paid and in case of default in the payment of said minimum annual payments, together with the interest thereon, that the City may take immediate steps to enforce said lien by foreclosure or other proceedings. Said lien shall also provide that if the City is required to enforce the collection thereof by foreclosure or other proceedings, that the Owner shall be responsible for the payment of legal fees and all costs of said proceedings. "'? cl ff 0 2. The Owner by this Agreement spec1f1cally grants unto the city of Clearwater a lien in the amount set forth in Paragraph 1 above, which is the Owner's pro rata share for the installation of the sanit,ary sewer line and facility against the above described real property and waives all requirements for and entitlement to the conduct of and notice of any public hearing by the City of Clearwater for a special improvement assessment against their property for the installation of said sanitary sewer line and facility. The Owner further agrees upon the request of the City to execute all additional instruments, if any, which may be required to formally grant unto the city a lien against their described real property. 3. The City agrees to permit the Owner upon the completion of said installation to connect to the sanitary sewer line under the same conditions as other owners are permitted to do so. 4. This agreement shall be binding upon the heirs, administra- tors, personal representatives, successors and assigns of the parties hereto and a copy thereof may be immediately recorded in the Public Records of Pinellas County, Florida, by the City so as to serve as notice thereof to all other persons. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. er ~~~ WI NESS )( 0_k ., rn(J ~ri. J. McClure 2275 N. Manor Blvd. Cl8arwa~er, Florida -- g6"E"...e r ~ ~.ec/'''''-5 Wi~De.. Prin~8d Signa~ure 34625 ~~~.~ WITNESS bOrV^L~ 'b. M.eLO";.t. Wi~De.. PriD~8d Signa~ure STATB OP FLORIDA COUNTY OP PINELLAS The foregoing instrument was acknowledged before me this \~ day of ~ , 19'1~ by Chris J. McClure , who is personally known to me orwiio has produced (:\... ~L\C_tC...~ as identification and who ( )did ( )did not take an oath. '* ""~~-\\O-loS"~oora \. ~.~c?l~ Signature of person taking acknowledgment ~ .~. ~\~ ~~~,.j Type/pr nt/stamp name of acknowledger T1tle or ~, 1f any '~'countersigned: ~3C( CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissioner By: Elizabeth M. Deptula city Manager ATTEST: Approved as to form and legal sufficiency: J n C. Carassas Assistant City Attorney Cynthia E. Goudeau city Clerk Page 3 of Agreement between the CITY OF CLEARWATER, Chris J. McClure bearing the date of 1996 regarding sanitary sewer for Lot (subdivision) . FLORIDA, and 85 , , Clearwater Manor STATE OF FLORIDA ) COUNTY OP PXNELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-commissioner of the City of Clearwater, Florida, to me well known to be the'person who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. WITNESS my hand and official seal this day of , 19 . Notary Public Print/Type Name: My Commission Expires: (include Commission No. STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth. WITNESS my hand and official seal this day of , 19 . Notary Public Print/type name: My Commission Expires: (include Commission No. Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 yo BASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to them, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Wesley W. and Louise C. Pope, husband' wife 14 South Arcturas Avenue Clearwater, Fl. 34625-3501 do hereby grant and convey to the CITY OP CLEARWATER, FLORIDA an easement over, under and across the following described land, lying and being situate in the County of pinellas, state of Florida, to wit: A portion of Lot 4, Block A, Unit 6 of SKY CREST SUBDIVISION as more particularly described and depicted in attached EXHIBIT "A" This easement is for drainage installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to construct, install and maintain thereon any drainage facilities and to inspect and alter such drainage facilities from time to time. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed this ;p~ day of ~ , 1996. Signed, sealed and delivered in the presence of: ~41S1~f~ :&fi~ . \ ~1ljl YlL 1, C Conr~J. J Witness' Printed Signature bk~ .;; 1Jt-u.,~ L:. ~_ Louise C. ope ~-L?V. ~tr- Witness' Printed Signature Acknovl.dq".D~.: ...ley w. , Loui.. C. Pope RBI Drainaqe B.....nt to th. City of Clearwater STATB OF FLORIDA . . COUNTY OF PIHBLLAS . . of The foregoing instrument was acknowledged fY'\(Vt~h , 1996 by Wesley W. Pope. ~.1lt1.O rfl C'~ Notary Public - state of Florida Print name~erlflt {. tC(){)()e.,.ll [Y(JPersonallY Known [ ] Produced Identification Type of Identification Produced before me this dJ- day l,'~W:'rV;~'" KATHERINE L. O'CONNELL (:1'\"4';F~i MY COMMISSION /I CC 212858 EXPIRES '''!''f;~':~': July 7. 1996 "1.1: O'..-.;.~~." SOl/OW H,FiU TROY FAIN ItI;iURANct.1NC. ',.....,. STATE OF FLORIDA . . COUNTY OF PIHBLLAS . . The foregoing instrument was acknowledged before me this ~~ day of \lnd.J\CJ., , 1996 by Louise C. Pope. d ~\'I f\P-. f\ D l& f\V-J. ~o~a~y Public - state of Florida Print name~"-Ure V( Y\e J-. O'Con ~_l( [ vf Personally Known [ ] Produced Identification Type of Identification Produced ,~f.\~:~;~{t:~ KATHERINE L O'CONNELl. t{ tb;. J'~ Mf COMMISSION /I CC 212858 EXPIRES ~J.~~"i.i July 7. 1996 ..,rif:,n."t' ao~ED THRU ThO'( FAIN INSURANCE. ~lC. .,"'/l'.'" EXlDBIT A - I. . .JO' ~ NOTE: This is not 0 survet, LEGAL DESCRIPTION: ,,~ " ..^:> .:.. .~ ^' " ....... ~ ...... ~ Exist 12.5' Drain Ease NOO'33'28"W 57.97' Commence ot the Northeast corner of Lot 4, Block A, Unit 6 of Skycresl Subdivision os recorded in Plot Book 28, Poge 51, of the Public Records of Pinellos County, r1orido; thence N 89'25'55" W, , 64.06 feet; thence S 00'33'28" E. 30.0' feet to the Point of Beginning: thence S 09""58" E. 65.14 feet; thence N 5T13'3r w, 11. 71 feet; thence N 00'33'28" W, 57.97 feet to the P.O.B, 4' 'c=..8"E. 65-' 509'" ;j P,O.B. SOO'3.3'28"[ 30,0" Drainage Easement . (0 o ~ (0 or- LOT 4 BLOCK A UNIT 6 OF SKYCREST SUBDIVISION P.B. 28 - P. 51 =: 'in If) If) ('oJ . O'l a) Z NE COR LOT 4 ARCTURAS AVE Now 2/22/96 16~8( AS(.Owc; 1/3955408 MORTG~GEE CONSENT TO EASEMENT NATIONSBANC MORTGAGE CORPORATION., organized and existing under the laws of the state of Texas, with a mailing address for loan servicing at P. o. Box 35140, Louisville, Kentucky 40232, on this 9th day of May , 1996, acknowledging receipt of One Dollar $1.00) and other good and valuable consideration, and the execution of the grant of easement or right-of-way by the fee owner of the premises described herein, the term of which are incorporated herein and, by reference, made a part hereof, said corporation being the owner and holder of all the indebtedness secured by that certain mortgage dated May 26, 1993 and recorded in Official Records Book 8286, Pages 129 through 133 in the Public Records of pinellas County, Florida, hereby consents and agrees to the grant of easement as described herein, and grants to the CITY OF CLEARWATER, FLORIDA, a political subdivision of the state of Florida, its successors and assigns, the same right-of-way, and agrees that such right-of-way shall be prior and paramount to all rights under such mortgage, and any future modifications thereof; and that any sale under foreclosure of said mortgage shall be subject to such right-of-way. Signed, sealed and delivered in the presence of: ~ ~ WITNESS S1gna ur Michele Sin~letary Print Name ~~ WITNESS S1gnature Bonnie Damm Print Name STATE OF KENTUCKY COUNTY OF Jefferson . . . . The foregoing instrument was acknowledged before me this 9th day of May , 1996 by Kenneth J Weleski as Vice President for Nationsbanc Mortgage Corporation, on behalf of said mortgage corporation and for the purposes descri~:t~ W ~ (SEAL) Not~ry Publ1C - State of Kentucky 'rype/Print Name Carol Ann Wilkerson Carol Ann WiiKE;fson Notary Public, State at ~rget K'{ [x) Personally Known I Expires ) [ ] Produced Identif ication My Commiss on Type of Identification Produced . , MORTGAGEE CONSENT TO E~SEMENT NATIONS BANK OF FLORIDA, N. A., a banking corporation organized and existing under the laws of the State of Florida, with offices at 33451 U. S. Highway 19 North, Palm Harbor, Florida 34684 , on this ~c:ph-' day of ---fY'\CLLC.-k , 1996, acknowledging receipt of One Dollar $1.00) and other good and valuable consideration, and the execution of the grant of easement or right-of-way by the fee owner of the premises described herein, the terms of which are incorporated herein and, by reference, made a part hereof, said corporation being the owner and holder of all the indebtedness secured by that certain mortgage dated October 20, 1994 and recorded in Official Records Book 8826, Pages 140 through 142 in the Public Records of Pinellas County, Florida, hereby consents and agrees to the grant of easement as described herein, and grants to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, its successors and assigns, the same right-of-way, and agrees that such right-of-way shall be prior and paramount to all rights under such mortgage, and any future modifications thereof; and that any sale under foreclosure of said mortgage shall be subject to such right-of-way. Signed, sealed and delivered in the presence of: (JI.~ W~ESS S1gnature . 6 tJl:}7.!;tW Prl.nt Name B::r::J::RIDA. DenJ.se Greene.. Vice President N.A. STATE OF FLORIDA COUNTY OF PINELLAS . . . . The foregoing instrument was acknowledged before me this ~9 day of ~~ , 1996 by Denise Green, as Vice President for Natl.ons Bank of Florida, N .A., on behalf of said banking corporation and for the purposes described therein. _VQ~d~ (SEAL) Notary Public - State of Flo~a Type/Print NameJ).e..b{)r~ t.:k:!of-l"- ,'"'''' i~\>r1"~~ DEBORAH l. ROPER ~*{~'~:.1 Mf COMMIss:oN f CC4OO86S EXPIRES ~;~~ Ottlber 16, 1998 "j~P.r:X:.'$' IlOflDED llIlU TROY fAlX lM$uwai .. [~personallY Known [ ] Produced Identification Type of Identification Produced .!. ,,' .... ~"~... . ~... .' . . E A S E HEN T YI fOR ~ID IN CONSIDERATION of the sum of One Dollar ($1,00) cash in hand paid to them . the receipt of which is hereby acknowledged. and the benefits to be derived therefrom, - McCullough Development Corporation 3160 McMullen Dooth Road Clearwater, Florida, 34621 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA. an easement ov~under and across the following described land, lying and being situate in the County of Pinellas. State of Florida, to-wit: A tract of land lying in Section 2], Township 28 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commencing at the Northeast comer of the Southwest 1/4 of the Northwest ]/4 of said Section 21; thence SOooOO'21"W along the centerline of McMullen Booth Road, 667.42 feet; thence N89025'23"W, 665.04 feet to the Point of Beginning; thence SOoo02'38"E. 333.21 feet; thence S8902I'38"E. 162.96 feet; thence SOooOO'53"W, 333.37 feet; thence N89"21'24"W, 840.49 feet; thence NOoo07'OO"E, 997.15 feet; thence S89035 '31"E, 514.86 feet; thence SOOo 1 O'25"W. 309.72 feet; thence N90000'00"E, 52.28 feet; thence SOooOO'OO"E, 24.75 feet; thence N90000'OO"E, I 03.66 feet; thence S89025'23"E, 5.44 feet, to thc Point of Beginning. A Ten (10') foot Natural Gas Utility Easement and Ingress and Egrcss Easement for the City of Clearwater service and utility vehicles as described below: Commencing at the Northeast comer of the Southwest 1/4 of the Northwest 1/4 of said Section 2]; thence SQOoOO'21"W along the centerline of McMullen Booth Road, 667.42 feet; thence N89"25'23"W, 665.04 feet to the Point of Beginning; thence SOoo02'38"E. 10.00 feet; thence S90000'OO"W, 118.79 feet; thence NOOoOO'OO"W, 24.75 feet; thence S90.00'OO"W, 80.87 feet; thence N640I7'1 ]"W, 139.75 feet; thence along the arc of a curve to the left, 2.74 feet, chord bearing NO] 031 '32", a chord distance of2.74 feet; thence along the arc ofa curve to the left 2.28 feet, chord bearing NOo035'46"E, a chord distance of2.29 feet; thence NOooIO'25"E, 6.0] feet; thence S640 17' lInE, 142.19 feet; thence N90.00'OO"E. 36.29 feet; thence N90.00'00nE, 52.28 feet; thence SOO.OO'OOnE, 24.75 feet, thence N90000'OO"E, 103.66 feet; thence S89"25'23"E, 5.44 feet to the Point of Beginning. The easement being for natural gas main installation. The CITY OF CLEARWATER. FLORIDA. shall have the right to enter upon the above described premises and to construct. install and maintain thereon any gas mains and to inspect and alter such gas mains from time to time. IN WITNESS WHEREOF. the parties to be du~~ecuted by its proper officers day of. 19 c,t ;-5- · ..Li;.' - hereto has caused these presents thereunto 'iiithorized this J "'it'---- Signed. sealed and delivered in the presence of: .~ ( ~C' ('(,rl'~' /1 / /;----: "-- ,- _ t.-L~!e.~EAL) JAMES e, ! ICCl)LJ"y"'~!1 r' ~lL. "\2 ~ L -, 4 '- '1::": .1j ~ l' . . PRESU:aI:.NT (SEAL) ......fJ01h:tt'^1 ~C LC\.M1.QJ.-- WITNESS (J o . qfri~~ ~ (~C<-'"~ -,.I. -----, .-~ ..... .,..... -...,,-,... .& ..,..... t... ............,; "" ".,," '.. . '. ,.. .\-..., ". .... ., . ~ . ,.' '. .. ..' ..... . .... ,. I' '." f '''' I' .....,.. -" ...... '. _.... 0.. ...~._-------- ..--.-.------,.... 1",','''' Lfl f.-' I " STATE OF ft.1t COUNTY OF 7~f"~\\Q~ " CPonoM'.l who he WiJness my hand aod official seal this ..J.2.- day of fJC".l~ 19 lL- . " ~,~.~ NOTARY PUBLIC ! i !' A.D., My Commission Expires: .-~._. . ," '.- -"7-~:-'''-'''''-'-J . t~. I..~. "" I .1,... ~. . ...:. r... ~'..'.~.".. .'.; L. C:~/.:.Il i".1'; ~;':r'''/\; ': ::.; ~.L'::' ~'r I,:".: .:,.:; t. L(l:~:{ji1., ~ ~:: :"'1~:;3. J~~ ~;(I ':(..:!2::~:J I . rl"': ....t. .,,.... ~y.,... ..... .... ~,Y .....: '" :....~ ,'/ r. .... "';;, =-,ll;..., . ._~,.. -.-- ., ,'''''',,, ~. ..... "'-'.'0\..." .. ........ "'. ......\. ", ...... '. _0, ' .... .f.' '."., ',. .,'.., "'... .... ...." ". .."......,...... '.. '. ...'.' 'II' "'.. , ~ .... 0,.".' ,., ....... . . ~ h.',.' '.. .. '. '( ,''f ..... ",. .1.... .1.., ',t ..,. ., .. '0...... I' .. I) Clearwater Gas Sysfem Natural . Propane Gos 400 tJORTH MYRTLE AVENUE CLEARWA TER, FL ,34615 (813)462-66.30 (813)462-6636 fAX 4! SKETCH or PROPOSED EASEMENT FOR NATURAL GAS MAIN NOTE: THIS IS NOT A SURVEY. APRIL 8} 1996. SCALE: 1'= 200' F.aC. ~lE COR~lER Of' THE: S'*' 1/4 or THE N,*, 1/4 or SEC. 21-28-16 ) I S 89. 35' 31' E ~14.86' ~I ru -----, ~ ct. ~ i y~ ~ I I n I I ~ 'I' PHS. r. B9' 2~' ,~' '.1 ~ i g .L4 ..,.~... '" :\l I tD I / ..-.... \' I g E2 '- c~----!!_~.::.-:.?~":::":-~.~_6~~ --- ----r. -1 ~ -----------.-----------.. I ::t.o I 0 I I Q ~ CURVE 2: H O~ 10' 2S' E 6,- N 01' 50' 42' E 6.01' R " 155.00' ARC = 2.2<}' CfoIORD = 2.2'3' BEARII.lG . I~ 00. 3~' 46' E CURVE l' t:::.= N 0\' 00' 47' E R . 155.00' ~ ARC ~ 2.74' -1 CHORD = 2.74' r0- C' BEARING = N 01' 31' '32' E 0- w BDuNDAQY LlNES. - 0 0 LI N SO' 00' 00' ( 5228' ;.. L2 S 00' 00' 00' E e".7S' 0 . L3 N 90' 00' 00' E: 103.66' C) 0 L4 S 8S' 2~' 23' E: :5.44' Z EASEMENT LINES. El S 00. 02' 38' ( 10.00' E2 S 90' 00' 00' 'oJ 118.79' E3 N 00' 00' 00' 'oJ 2475' (4 S 90' 00' 00' 'oJ aoa7' E~ /l SO. 00' 00' ( 36.29' . o CJ V1 N M l") l") w C" .- ..... '" ~ M N C) . o o S 89' c:. 38' E Vl 162 %' ;... l") M l") l") ;:. r., .., o o 8 II) N 89' 21' 24' 'oJ 840.49' E A S E HEN T Lf~ . \- . .' ,'~ , ' fOR ~ID IN CONSIDERATION of the sum of One Dollar ($1.00) cash 1n hand paid to the~ ,the receipt of vhich is hereby acknowledged, and the benefits to be derived therefrom, James B. McCullough and Marlene Kay McCullough 3160 McMullen Booth Road Clearwater, Florida 34621 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA. an easement ov;r:-under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to-wit: A Ten (10) foot Natural Gas Utility Easement and Ingress and Egress Easement for the City of Clearwater service and utility vehicles along the Northerly property line of the property described below: A tract of land lying in Section 21, Township 28 South, Range 16 East, Pinel1as County, Florida, being more particullary described as fol1ows: Commencing at the Northeast comer orlhe Southwest 1/4 of the Northwest 1/4 of said Section 21; thence SOooOO '21"W aIling the Centerline of McMullen Booth Road, 667.42 feet; thence N89025 '23"W 100.00 feet to a (loint on the Westerly right-or-way of said McMullen Booth Road as the Point or Beginning; thence SOO'00'21"W 40.03 feet; thence N89024 '0 I"W 565.00 feet; thence NOoo02'3S"W 39.81 feet; thence S89>2S'23"E S65.04 feet to the Point of Beginning. The CITY OF CLEARWATER. FLORIDA, shal~ have the right to enter upon the above described premises and to construct, install and maintain thereon any gas mains and to inspect and alter such gas mains from time to time. IN WITNESS WHEREOF, the parties to be duly executed by ita proper officers day of /Y1~ ' 195J:z.. hereto has caused these presents thereunto authorized this ILl Signed, sealed and delivered he presence of: (SEAL) . (SEAL) , , ... '" '" a...... .t. . . 'I' .... ,... 'If" ~I ... .. "'" ... '.*,' ... ~.,. 'I"''''' ',.. . I, . . t. .. ." ." ~ . .. . .. , .... ....., ,,, ........ .. .,..... - ." ... ..-,,... -.. '...... ....... ....... ;".."" '. "". ..: .~. . ;... ,,,... " ..." '" -. t. to"'" ..;t.,.....-." ...,',. ".' '1" . ...... f''', .. ... .. to...",.. ~.. Dcfor~ m~ p.crsonallY appeared .::rqJW:~ .J.. rnarlenl!.. Mf.-wl!tJtJjh. -&ell",!...r PareR! l: "O'f I MI VI 'dlfll " me well kno\ltl and known to me to be the individual described in and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed. .' STATE OF COUNTY OF Witness my hand and official seal this A.D., 19~. My Commission Expires: {~-r.tIit} DEBORAH S. HUMPHREY t;..r~~~) lolYCOMMISSQUCC492112 "~(J' EXPIIU: o-n... 3. 1m ~:;I IlcnlId TIwu HilIIry NIle IbIeMllln ....... t, _ '.. I'........., .. .. I."',. "... .... " - ..... .', Lf~ , ,if day of ~ !f}M/h d ,~ ..,L.Y'h. I V NOTARY PUBLIC ~I (~ '. '. . ",' OJ I . .t ...... ... . ., " ~. .",' ..'~ ," " ., ; ~.-: .i - t Clearwater Gas System Natural ct Propan~ Gas 400 NORTH MYRTLE A'JE:JIJE CLEARWA TER, FL ,346i 5 (81.3 )462 -66.30 (813)462-66.36 fAX 1~ SKETCH OF PROPOSED EASEMENT FOR NATURAL GAS MAIN NOTE: THIS IS NOT A SURVEY. APRIL 29, 1996. SCALE: 1'= 200' P.O.C. NE CO:<NE:R Of" Tt-lE S"" 1/4 or THE r.... 1/4 or SEC. 21-28-16 s e9' 35' 31' E 51486' r'~--------~-------------r:--._--I I I ~ : I ,! I I ~ I I I ~ I I Is I , . . I I I g , I I ~ I L4 ! ~_~3' ~ I E3/' -D ~ I EOUIlDAR'Y LINE S, OJ I, L1 N 90' 00' 00' I: ~2 2f:' II P. L2 S 00' 00' 00' C c4 75' ~:=' I', L3 N 90' 00' 00' [ lQ3M:>' II W",-('1 L4 S B~' 25' 23' E ~.4 4' ~ 6. I 'L5 S 00' 00' 21' 'W 40.03' I. S ' L6 N GO' Oc' 38' IJ 3961' I ~ :/ ,0 ,0 : E'" el' 38' [ I"" 16296' i EASE1-40H LINES, L.-----J [I S 00' 00' 21' 'wi 1000' I 1:2 N B'3' 2~' 23' 1,/ ~6~ 04' 'I' g E:3 N 00' 02' 38' 'vi 1000' :: I I I I :- i i: i i; , I Vl L.___~__._.._.__~. __~__~_.._.__.______.~ '. 89' ":9 . ~I ~'t. ~~ I n I ~ , r g:: I 2 25' 23' 'vi :;: 10000' '\ ~ i B P.D.B. _1-] ~ Ifl '[I ;.0 ..J CJ , ~ I tj I I ~ 01 .... ...... '-' S 89' c~. 23' E ~65 c.~' E2 ,. f:9' 24' 01' .... 565 :::. N 89' 21' 24' IJ 8.\0.49' . - . . ". . , " t.':l'. ,;..>. ';1 i j I I I , ! Item # 43 . > ! ~ ~. I ~ 1 ~ \; ;.:'f " '" ;i it { i . f I 1 "r ;. ,. '. ~ '. F /39y . { t~~ i.t. " '":.J. .\ e f;J ,~ Clearwater City Commission Agenda Cover MelTIorandum L( ~..t1n:t::t:: 1111 SUBJECT: Sand Key Power Line Burial Special Assessment Lien Release RECOMMENDATION/MOTION: Adopt Resolution Number 96-29 releasing liens on Sand Key properties that have prepaid the referenced assessment in full at a cost not to exceed $2,500. IE and that the appropriate officials be authorized to execute same. SUMMARY: . The City has established the City of Clearwater Special Assessment District No. 95-01 including all properties on Sand Key. . The City levied special assessments for power line burial and streetlight replacement on these properties per Resolution 95-70. . The assessments have been recorded in the Public Records of Pinellas County, Official Record Book 9193, Page 1717. . The City offered a prepayment option to property owners which provided a discount (20%) equivalent to estimated debt service on the assessment principal. . Approximately 70oA> of the property owners chose the prepayment option and have paid the assessment in full, resulting in $688,915 of assessment collections. . Adoption of this resolution will allow the City to record the release of lien with the property appraiser, tax collector, ~nd the Florida Department of Revenue. . Funding is available in project 315-94711, Sand Key Power Lines, for these costs. Reviewed by: Legal Budget Purchasing Risk Mgmt. IS ACM other Orh::alnatina Department: Finance Department '-rn ...6 User Department: NJA Costs: $2,500 Total $2,500 Current Fiscal Year Commission Action: o Approved o Approved w/Condltions o Denied o Continued to: Advertised: Date: FundinQ Source: [8] Capital Improvement: o Operating: [8] Other: Reimbursed to City b ro rt owners Attachments: Resolution No. 96-29 including Exhibit A Submitted bY: c~t~ o Printed on recycled paper Paper: IXl Not Required Appropriation Code: 315-94111-643000-619-000 Affected Parties: Cl Notified lX1 Not Required o None 1:'. A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THOSE NON-AD VALOREM ASSESSMENTS ESTABLISHED BY RESOLUTION NO. 95-70 AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AS SATISFIED AND RELEASED; PROVIDING FOR A COpy OF THIS RESOLUTION TO BE FORWARDED TO THE PROPERTY APPRAISER, TAX COLLECTOR AND THE FLORIDA DEPARTMENT OF REVENUE IN ACCORDANCE WITH SECTION 197.3632(3)(a), FLORIDA STATUTES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Clearwater, Florida, has heretofore established the City of Clearwater Special Assessment District No. 95-01 (the "District") and levied such special assessments (the 1& Assessments") by Resolution No. 95-70 dated September 7, 1995, and recorded in the Public Records of Pinellas County, in Official Record Book 9193, Page 1717. WHEREAS, the City of Clearwater has collected payment for those assessments more particularly described in Exhibit A, and desires to satisfy and release said assessments described in Exhibit A. WHEREAS, the City Commission of the City of Clearwater, Florida, directs the City Clerk to provide copies of this Resolution to the property appraiser, tax collector and the Florida Department of Revernue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, THAT: ~ The City Commission of the City of Clearwater, Florida, hereby releases as satisfied said assessments for those properties more particularly described in Exhibit A attached hereto and made a part hereof. RETURN TO: City Clerk Dept. City of Clearwater P. O. Box 4748 Clearwater, FL 34618-4748 Resolution No. 96-29 ~ The City Commission of the City of Clearwater, Florida, hereby directs the City Clerk to provide copies of this Resolution to the property appraiser, tax collector and the Florida Department of Revenue. ~ All resolutions or parts of this resolution in conflict herewith are hereby repealed to the extent of such conflict. ~ If any clause, section, or other part of the application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY . I j i f 1 1 , I I ~ This Resolution shall become effective immediately upon its passage and adoption. OF CLEARWATER, FLORIDA, THIS DAY OF , 1996. Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Attest: ~:~ ~ . John Carassas, Asst. City Attorney Cynthia E. Goudeau, City Clerk 2 Resolution No. 96-29 ~~, M LO - o ~ CI) 0) ('Q 0.. i I f :> ~ UJ ~ ;: 0:: ~ -' o u. o ~ o w CIJ U1 -I W 0:: 2 W 0 :J N I-(J)~ 2ZClS WW:S ~ :J j ClJOE cnW" ~(J)'P ~~~ ~~~ o ~ ~ 2-'~ <{ ::> CIS cnu.D. / ... ~ "'<',~~i" ',,_ ~I:t ~'...". '" .. 1,''',...:f"?..1\ ..-'/"'/.;. . 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(/)0= wW" ~ ~.~ c:(~a: ~WJ9 ~a::i Q~E Z-I>t c:( ~ as Cf)U,.Q. o CO CO 0) l{)CO""'L() 00>(")0 ('1)"""0)0 COl{)(O CX)O)CO ,-C"")O) cria>lri O>N~ (!)t-N J:I wWWW '0"0 Q)Q)Q) ~ ~ Q) 't:: .- ._ - - 'C: 0 - ~ ,'0_ '0._ 0 '1:' 0 0 'I:' co 'E::"i::' ():::?:.:::?:. ~:E~~ QJ (1) cu~~ ~~~~~~g-,~ ~ ~~~~ ........lo;.....I-~~roOro Z ~ZZ~ JJ~J~~mro ~m~~~ ~~~~Q)~~E~ ~~'E~~ ~~'OU'O'02~(J)~O JCOC'O": --I:C:C:Cm e c ~8s=~~<Ssooooo~o~~Q) C1) ~~~~wWEEEEJt~oro2 ~~~~~5~~~~~~~!C1)'O~~ co~~~i~EEa:a::o:::a::~~~l~~ O~roron~cuco~~~~~ _,^Of/) ~_~~~~wwcucuQ)C1)Q)>.- E~ om g g -en Ul-Ul-E E E E E.c~ E. 0 o~ ~~--~cucomEEEEEo.... ~ ~~~~~NNNNNNNN~~~~N OO('l)l{) """NOO (")t--II)CO 00......... - - -- cocoooCX)oo CIOCOOOCOOO cooooocooo ------- O....,-~_NO O)Ol(1)O)Ol!:.OC"") (Y) ('I) C"") ('f) (f) ,- (0 (Y)('I)C"")('f)('I)....CO 0)0> (1) 0)0) 10 t-- ........ """"- ...... ........ ....... ........ ....... L()l{)ll)lO&Oll)l{) ..- .... T- ,- _ ,... .... ------- 0)0)(1) mo> 0) 0) NNNNNNN ------- 0)0> 0> ~ .... .... OOON t--o,- 'O;f"t--,- 00.... - -- ~ l{) 00 OO(!) N- -- .....0 00 00 - - to ('I) ('f')0) 0) t-- N co ..... .... -- IOlO ..... - - - 0) 0) NN -- 0)0) ,- ..- OlD 0>0 ('I)N 0,- - - 00 00 00 - - MO 00 Mt-- 10<0 1l)C"") - - Il)lD - .... - - O)m NN - - 0>0 ....N 0)0) T'" ,- 0)0) T'" .... o lO~t--COo)O,-N('f')'l:tlD(Ot--ooo)O....N ~~~~~~~~~~~~~~~~~~~~ ..-,-..-~-,-........_-........-....,-..-_.... Item # 44 F J LJ -s-; '\~N -3 Clearwater City Comn1ission Agenda Cover Men10randum Lf L! Item #: Meeting Date: C,..0'1.r;, SUBJECT: Resolution 96-44 Public Sale of not to exceed $9,750,000 Gas System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 1996B RECOMMENDATION/MOTION: Adopt Resolution 96-44 providing for the public sale of not to exceed $9,750,000 Gas System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 1996B lEI and that the appropriate officials be authorized to execute same. BACKGROUND: · Gas System Revenue Bonds, Series 1996A, for $9,750,000 will accommodate the continuing expansion of the Gas System into Pasco and Pinellas County. The receipt of the bond proceeds from this issue will be used in part to reimburse the City for expenditures that have previously been authorized and expended. · Gas System Revenue Bonds, Series 1996B, for $8,500,000 will be used to refinance the 1991 Gas System Revenue Bonds at a present value savings in excess of 4%. This series of bonds will not be issued if the 4% savings is not going to be realized. · These bonds will be sold through competitive public sale scheduled for June 27, 1996 at 11 :00 a.m. · These bonds will be repaid over 30 years. A pledge of Gas System revenues will be used to secure payment of the principal and interest on the bonds. · The adoption of this resolution authorizes the public sale and award of the bonds to the bidder(s) offering such interest rate(s) and purchase price(s) which will produce the lowest true interest cost to the City over the life of the bonds. This resolution authorizes the City Manager and Finance Director to award the sale of the bonds. · Included with this resolution are several exhibits which cannot be finalized until just prior to the Commission meeting date due to pricing considerations and market conditions. Final exhibits will be distributed as soon as possible. / Reviewed by: Legal Budget Purchasing Risk Mgmt.:::?: IS :::=;:::;:,::: ACM Other Originating Department: :::<:?f:@l.@~:D~p'aftlfi~ht>.... . L.T)'\~ USE!~9~.p~~tf,11e~t: ... .... . 'Cl.e~ryi~~~(c;ps~yste/Tl.:. . '// .I C.-d?V Costs: Total Commission Action: o Approved o Approved w/Conditions o Denied o Continued to: .N/A::: Current Fiscal Year Funding Source: o Capital Improvement: o Operating: o Other: Attachments: . . . {R~:~~iJti6H:~~Ag:Wi~h AtfiS:chmentt{A\>G}: Submitted bYLp7__' City M;!i:: o Not Required Affected Parties: o Notified o Not Required ... .~p~t?wia.tion. ~od,El . ,- . ............ ..... ..... ....... . . .. ....... .. . ..... . ........... . ... . ............ ,"', ...,.... . . .. '.., . .. . .. ..,. . ... . . ..... ..... . .", .... '. . .... ...... ......... ... . ... ... o None ,p "-1 Printed on recycled paper ,.-. -..,.. -"..MAY-16-'96 THU 16:25 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 ... tU45 P02/11 J T~E Clry Of CLEARWATER, FLORIDA Ga$ Systera Revenue" Refunding ~onds, Series 1996 Hultfpt,lrpose 18~ue (ReflMlding CallablG& Only) TOTAL ISSUE SOURCEs AND uses Dated 06/01/1996 D~lfvered 06/01/1996 ReftMldins "iGce New Money P f lKle tosue $U'lmQry $6,445,000.00 $8,695, (JOG. 00 $15,140,000.00 104,500.00 104,500.00 418,000.00 418,000.00 16,967,500.00 $8,695,000.00 S15,662,500.oo 41,892.50 56,517.50 98,410.00 '31,927.01 43.0n.99 75,000.00 30,914.30 61,042.12 91,956.42 10,645.43 21,020.02 :5',665.45 8.510,000.00 8.510,000.00 6,849,921.14 6,849,921.14 2,199 .62 3,347.:57 5,546.99 SOURces OF fUNtlS ~.r ~t of ~......................_........ Tren.fera froM Prior Issue Debt Sorvlce Funds..... Transfer. from Prior IG8UO OS" Fund'.............. TOTAl. SOURCES USES 0' fUNDS Total Underwrfter's Discount (0.65OX)............ Costa of Issuance................................. Grosa Bond In...urance Premh.n ( 30.0 bp)........... bSRF Surety Poltcy (2.5X of OSR Requlr~t)...... bepotft to Project Const~tion Fund.............. Oeposit to Escrow Fund............................ Roundfng Amount................................... TOTAL USES aaYMond J~ & Aasociates Publ ic FfhenCe DClpartment $6,967,500.00 $8,69S,OOO.OO $15,6621500.00 FILE = H;\Pf\MUHEXP\CLUTR\GASSYST9-Cqlluble Multf~lssue ~rv 5/16/1996 2c06 PH .MAY-16-'96 THU 16:25 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 ~145 P03/11 lHE CITY OF CLEARUATER. FLORIDA Cas systl!lQ Rcv~e & Refunding Bonds, S...los 1996 Muttipurpoa~ l$sUC (Refunding Callebles Only) NET DEBT SERV1C~ SCHEDULE DATE PRINCIPAL COUPON INTEREST TOT AL PH EXISTING D/S MET HEll D/S 9/01/1996 10,000.00 3.550% 204,677.50 214,677.50 515,897.50 730,515.00 9/01/1997 90,000.00 3.650% 818,355.00 908.355.00 792,995.00 1,701,350.00 9/01/1998 90,000.00 4.000x 815,070.00 905,070.00 793,205.00 1,698,27S.00 ~~~999~_".._).....?'-Il00Q.99~~(iJo\l'~~~~.~~~0~ ,,~~,,~. ",~8~.1.l~!9..~.90.,.. ''''''''''l+I+,""a~.~..~0fli1~x4.m~~.q~-,w.:,>,..,...,....,~?99.0''~''~7.'-.~,~Q9.ol-!<'~"". ,.:~.:,~1 J~~8., !45'a~oQ- ~.. ~~~(~ a~, t.."'I:<<-.'-Ho ':-" .~~ ;o:.,,;'.o(f::<:,:M-: . .~~~-"=t"':t::W:~:J"(~;Ii: :.,. I v~~)!"""')":l~:>-;~ ~~:~~~:: :~I:si"lS+JO:'k- . .:-to )o*f ~ ~ < . . . ~~~ ' . ~ ..... ~ ~~~-:-":.. .. .*.~~J#.o}A<<~ 'w . '. ......~~.~.~~.. . . ...~:J.:~~.. ~~h'r-M+M . ,~~:t 9101/2001 420,000.00 4.55OX 789,410.00 1.209,410.00 ~9O,175.00 '.699,585.00 9/01/2002 440.000.00 4.650~ 170,300.00 1,210,300.00 490,175.00 1,700.475.00 9/0112003 460,000.00 4.750~ 749.840.00 1,209,840.00 490,175.00 1,700.015.00 =>;..'N.CJ.U'?'~'~~";';.~~;~;~t""J~~~-~~~~''!'.~I~~~~""..._>>11~~~~~2~~~...,.....~!J~,!'j2.,~:w~'~Z~~~~~~;z, ~.~~~~~~W~;;'..;J.~~t$~::,*,'nl~~~I:~J1.y..;::,~w~,:r~j~W~..~Q'AW~Q.~I;~"t!t;~~~~lr.~i?:'m~~:k~t;~~~~=a.\J.~ 9/0112006 530,000.00 5.05OX 679,470.00 1.209,470.00 490, 17S.oo 1,699,645.00 9/0112007 560,000.00 5.150" 65Z,705.00 1,212.705.00 490,175.00 1,702,880.00 9/0112008 585,000.00 5.250% 623,865.00 1.208,865.00 490,175.00 1.699,040.00 ~~~~~~re~~~~t;i~~~~~~~~~~~ij;f.4l.i~~~~i~gatWt,~~;~i~~1ggJS~~r>.t~l~!~ 9/01/201' 680,000.00 5.450% 525,150.00 1.205,150.00 490,175.00 1,695,325.00 9/01/2012 725,000.00 5.500% 488,090.00 1,213,090.00 490,115.00 1,703,265.00 9/0112013 765,000.00. 5.550X 448,215.00 1,213,215.00 490,175.00 1,703,390.00 w......~I~.~'~k..w.~~~~,~~;.~~~~~~~a~L~~.~,,'..,.,..<~~llf~~ ~~;~~I.~},~~[.~m~-"..v,...J..~::~i:~,Q.... ~~.j~ ., .~Mfl:1t~:~~~~..~~;~~+i:1l:~W.:?"IJ;'#;C~~~~~~~~;~~~;f.~;.=t;J.~'~~l:~~~~1~~,;,::,#.:R;~~~~~~~kiJ~;.......,f-~.~~~~ 9/01/2016 300,000.00 5.750~ 374,815.00 6r4,81S.00 1,028,575.00 1.703,390.00 9/01/2017 310,000.00 5.750% 357.565.00 661,S6S.00 1,032,275.00 1.699.840.00 9/01/2018 335,000.00 5.750% 339,740.00 674,740.00 1,026,575.00 1,703,315.00 9/01/2019 3S0 000.00 5.750% 320 471.50 670477.50 1,032.775.00 1 703 252.50 ~~.,)t'lIJ:'bI'I'r~J<:"'~;~"'.i.;J-~..~,~..to:~~":!.""l'\"''''':lYw'''~iI!ro''-''''''~'' .,.."............."...~>.Pl!~.>E.'...Y.~..M..>,., '...l"H~~~;:"'i'i.~.......'...<.::""/;.,..~:,;.:~...,...... ~~w~~~~~I~~~R~~.v:~~~~f..~y~~~~\l.,....w.~~~~~~~m~~~~:m:~i~;~..Q~~~a:;~V~tf~~~....;~rr-eif.~I;~':i~~;:~~~~ 9/01/2021 390,000.00 5.750% 279,365.00 669,365.00 1,033,075.00 1.70~.440,00 9/01/2022 410,000.00 5.800% 256,940.00 666,940.00 1.033,360.00 1,700,300.00 9/01/20~ 430,000.00 5.600% 233,160.00 663,160.00 1,035,595.00 1,698,755.00 ..._~~~~~~~~~~~..;.,......~~~~~.~.,~.-~,~J~-~~2~Q.q~-,~,.,.:...:.4.~J!~~~~"..,.y,>{~ll.r.~~!:~~:,.lt~..~-^:~J~?f.,~~9.;.:.. ~ ~~.:J7~~}i~G~~,.~~...-:..~=w..J.'\\(~~~:t.'O:~>>jo;a~:1.l~.\I;~~t~<~.:;~J~::c~~l~,..~.1ElI,;~.:s~~t'~.!~~~~~~~~~~~~:H!c1::,:,;u.~~~~:U~~ 9/01/2026 1,610,000.00 5.800% 93,380.00 1~103,380.00 1,703,380.00 TOTAl- 15,140,000.00 15.51~,'40.00 30,652,140.00 21,107,75~.50 51.7S9,892.50 RayDXld Jemcs & Associates Public Finance Depar~t fILE = K:\PF\MUNEXP\CLUTR\GASSYST9-Cul\able MultI-Issue summary 5/16/1996 2:07 PM MAY-16-'96 THU 16:26 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 ~145 P04/11 THE CITY Of CLEARUATER, FLORIDA Ges systeta RClVflntJe & Refunding Bonds, Sorles 1996 MultIpurpose Issue (Refunding CGllablcs only) DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTERE:ST TOTAL P+J 9/01/1996 10,000.00 3.550% ~04,677.50 214,677.50 9/01"997 90,000.00 3.65OX 818,355.00 90B,355.oo 9/01/1998 90,000.00 4.00ax 815,070.00 905,070.00 -..~~UlwT~~~.~!S~~~.,.\~t"~~~^,"~^""A..~l1!.~ilg.Q.............,.. ....~9~~~lQ,~~y..:. ~~~'.."-iJ~J1.\I.W.~~t-,t)~~~~W~"tl't:~.\I:~~;~;~~:i~~U"'~~~~~~~Q.'.~. "': .;'~".~~~~~~1~1a:S:~~2"~~:j~~~ 9/01/ZOO1 420,000.00 4.550% 789,410.00 1,209,410.00 9/01/2002 440,000.00 4.65OX 770,300.00 1,210,300.00 9/01/2003 460,000.00 4.150X 749,840.00 1,209,840.00 ~~:t.21ag04.......:~+...:~,M'~~~~~~\>,-~~~I-,...-~~~[;8~,:".,..~~~,1~^~~2~q~.~". ~!.t,~ti"/~~:c.~~~~~~~~Q.~:,t\!ol~,*~.~~~J:;~:~~Y~\I.~~~~hill~;~~~Qit;,:zs~~~lf:.,.".~~~~~~A:~~~ 9/01/2006 53Q,000.00 5.050% 679,470.00 1,209,470.00 9/01/2007 560,000.00 5.150% 652,705.00 1,212,705.00 9/01/2008 585,000.00 5.2S0~ 623,865.00 1,208,865.00 ....._-~~U~~~I':;,."..~~~1~22;~~,y~~y!r1~;:M:...:",..~~?~." ~g(~a9":.,.,.'~w.:~;.~~2~,:,~~~;>~,,~,,, ~"3fL~.';.I;..""n:l':;~:;S':::;'~~~\Ilttl..;foW~r.',;.;~..,:"~~~~~:V4.~~,~~~2m..,,..Q..~~~~~~,.~~~v..:tY.v.~~ 9/01/2011 680,000.00 5.45OX 525,150.00 1,205,150.00 9101/2012 725,000.00 5.S0~ 488,090.00 1,213,090.00 9/01/2013 765,000.00 S.5S0X 448,215.00 1,213,215.00 a~~~~l~-21~~j(li:);),~.'(hl~~~~2.~P2,:::';'''~'~'~'~'~~:.;~'''~I<~~,:;~:~~!;-~~~2":,~,:",<;,.",.,:,,.,.,6~t~X~!-~.. ..... ...... ;f~t~~~iEC~,:~:~~~~.~:~.t/~l~~~!;~~~~-P"~'l~~~~~~~7.."':#:1"'W\:Il{~.~tM~:'~~~~~J~;~.J:~':~~~"":<<+~ 9/01/~016 300,000.00 S.750X 374,815.00 674,815.00 9/01/2017 310,000.00 5.750X 357,565.00 667,565.00 9/01/2018 335,000.00 5.750% 339,740.00 674.740.00 9/01/2019 350 000.00 5.750X 320,477.50 670,477.50 . .,:,:,:.'<Hi,.......,.. MW':':':;":':":';:':" . ':Ln~,:ftJ\~..~. 'il'f.""'......a!..~1I~..........+:..~l't'ft",..1e.~.~^1."..,."""":'~4:::L~,~~...lj~'^'....,,'-'\ ~~1:~J~.m.~~~~~.;:.~~.;.~~~.,,~~i~~f.i~I.'I!~:!c-=~:~~y~~~~...,~I~~~:~~~\~At.~ift~~R.~~~)~ 9/0112021 390,000.00 5.750% 279,365.00 669,365.00 9/01/2022 410,000.00 5.800% 256,940.00 666,940.00 9/01/2023 430,000.00 5.800% 233,160.00 663,160.00 9/01/2024 460 000.00 5.800% 208 220.00 668 220.00 ~lJ1foW)~~~'"'5!Ol11()o:1OO::f$~@~~~1~;i.~~ilt~~5~:~ij,;;n:;~~i~;~ij~~O~n~l\~ 9/01/2026 1,610,000.00 5.800% 93,380.00 1,703,380.00 TOTAL 15,140,000.00 15,512,140.00 30.652,140.00 YIELD STATISTICS Bond Year Dollars................................. Average ltfe..............'..4.................... Average coupon.................................... $276,880.00 16.288 Years 5.6024776% 5.6380201" S.61151Z9% 5.62n273~ 5.7364363" Net Interest Cost (Nit)........................... True lnterest COAt (TIC).......................... aond Yield for Arbftrage Purposes................. All Inclusive Cost (AIC).......................... IRS fORM 8038 Net Interest Cost................................. 5.6024776% 18.288 Year$ Weighted Average Maturity......................... Raymond JDme$ & AssociGtesMUNEXP\CLWTR\GASSYST9-Callable "~lti-l~$ue S~ry Plbl ie Finance Department 5/16/1996 2:07 PM MAY-16-t96 THU 16:27 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 ~145 P05/11~ .. THE CITY OF CLEA~WATeR, FLORIDA G4l$ System Revenue & Refunding Bonds, Series 1996 HultipurposQ I.suo (Refunding Calt~les Only) PRICING SUMMARY MATURITY TYPE OF BOND COUPON YIELD ISS~NCE VALUE PAR MATURITY VALUe PRICE DOLLAR PRJ~ 9/01/1996 SERIAL COUPOH 3.55OX 3.519% 10,000.00 100.000X 1Q,000.00 100.000~ 10,000.00 9101/1997 seRIAL COUPal 3.65OX 3.647X 90,000.00 100.000X 90.000.00 100.000% 90,000.00 910111996 SERIAL COUPC* 4.00OX 3.998% 90,000.00 100.000" 90,000.00 100.000~ 90,000.00 ;i'.~~b~~t!'~~~5~"",~~~"*v,-"",,.,~'.02~;2~r.;:.1~~b~~.'~""'.>>~J~~.,.g22~...~12~~~i~~""""''''~~~~-'' . . . :I:G,.".,.~.I~~~:S~~-'N,IJIJ.Ifr:C~~;(.~~~~".t~~~'f-;;;~~~:;lItht;:M~::;}'\fP.;YMy:lh!>~~~:t:r~~;~wJW~>1U,I,U":u~i!;'~.\Q~iUUJA..~~ 9/01/2001 seRIAL COUPOH 4.550% 4.549X 420,000.00 1oo.ooax 420,000.00 100.000~ 420,000.00 910112002 SERIAL COUPON 4.650% 4.649X 440,000.00 100.000X ~40.000.00 100.OOax 440,000.00 9/0112003 SERIAL COUPON 4.750% 4.749% 460,000.00 100.000% 460,000.00 100.000~ 460,000.00 ....u.._W.9.!L~Wt..I!~~~~~.~~~,y~,,~~~~.~)~....~,,~~~,.M.Q}~2,,.,,1~~~~i"~:"~:' .:~~~~~j-22.~.~12e!.2~~,~~>'.---;=~&i::~~ ~_. . .. . . ~~~~"h,~~~~:~!t~JAf~~~~~~~.~~XJOOJ;..~~tM\e~~.. .... ;';!~~~~M~:;iY!~.~~t~f.w~:~U'IiI~.t~~~;~~jl,;J..~~~ 9/01/2006 SERIAL COUPON 5.050% 5.049X 530,000.00 100.000% 530,000.00 100.000% 530,000.00 910"~OO7 SERIAL couPON 5.150% 5.149X 560,000.00 100.000% 560,000.00 100.000% 560,000.00 9/0112008 SEIUAL COUPON 5.250% 5.249X 585,000.00 100.000~ 585,000.00 100.0DO% 585,000.00 ~~~~~~""~~~~~~",~~~,:",:'>:,,,w~~~~-2,2~~r2Jl~.:)~~;.~.~Z~"'I'",.,...,:~1!~~og;~O""'AY1~:'~~:":,1'''~''''.N~J~,L~~ID t. ~~~. 'I .QI~~~~'-'A=r~~~LI'" .~~~~~~~~~.O:::\(~~~~O.~~JM~~anr~::;~~~~~~~P~\'.:1i:w. .~~cmu~~.~~~ic~~~~~~~Jfjlf~m 9/01/~011 SERIAL COUPON 5.450% 5.44~ 680,000.00 100.000% 680,000.00 100.000X 680,000.00 9/01/2012 SERIAL COUPON 5.500x 5.4~ 725,000.00 100.000% 725,000.00 100.00ax ~,OOO.oo 9/0112013 SERIAl. COUPOtl 5.550" 5.549X 165,000.00 100..000X 765.000.00 100.000% 165,000.00 9/01/201' SERIAL CClJPON 5.600% 5.599" 265 000.00 100.000~ 265.0ClO.00 100.000" 265 000.00 ~~~nnr.ii:;;it'!~;t'l:~~lftNW;~<tI~~"S~~~~..:,~;a,~o!y'l;';;~i~~t.~~;;;:~$.~t':ft"'(jWoo;,:t;~~~t\""~~l'll'I~?.:t.;N7;;":I:'f,~R~~(tl""'~no.~.~J$W~~~~f,W~~tl:ftf,;y~ijo1~ ~.f.M.AI:~A~~J~':\~~~,..:'~..... ... .~A~~J~<<"",~.~.~............-.........Sr, ~.,.."IV...............~......g'''"l:t.~'i.~~~I.H,~..;r~~~"!.~~~,,.....~M(."f...........,......,....~~~~w~".. ".". 9/01/2021 TERM 1 COUPON 5.750% 5.749% 2,050,000.00 100.0ao~ 2.050,000.00 100.00DX 2,050,000.00 910112026 TERM 2 COUPOff S.800X 5.799X 4,430,000.00 100.000% 4,4:50,000.00 100.00ax 4,430,000.00 TOTAL 15,140,000.00 15,140;000.00 15.140,000.00 BID INFORMATIoN Par Amoun~ of bonda..................,............ GroG. Production $15,140,000.00 $15,140,000.00 Total Underwriter's Discount (0.6S0%)............ Ofd (98.410.00) 15,041,590.00 S15,041..59O.00 $276,880.00 18.288 Years 5.6024776% 5.6380Z01X 5.61151Z9" Total purchase Price Bond Year DolLars................................. Average Lf1e...................................... Average CotJPOfl..................................... Het Interest Cost (Nle)........................... True Intere5t Cost (TIC).......................... Raymond James & AssocI ates. Pubt Ic Ffnanco DepqrttRent FilE ; H:\PF\MUNEXP\C~WTR\GASSYST9.call$ble Hul~l.lssue summary 5/16/1996 ~:07 PM --........MAY-16-'96 THU 16:28 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 tU45 f:~2t.11 - .~'",,'''';''' .., THE CITY OF CLEARWATER, FLORIDA Gas System Revenue & Flcfundfng Bonds, Series 1996 Refunding po~tfon SOURCES & uses Dated 06/01/1996 Delivered 06/0111996 SOURCES Of FUNDS Per AMount of Banda............................... Transfe~8 fr~ Prior Issue Debt ServIce Funda..... Transfers from prfor Issue DSR Funds.............. $6,445,000.00 104,500.00 418,000.00 $6,967,500.00 TOTAL SWRCES USES OF fUNDS Total Underwriter'. Discount CO.650X)............ Coate of Js&UahOe......,..,....................... Gross Bond lnauraoce Premium ( 30.0 bp)........... DSRF surety Policy Fe~ (Q 2.5% of DSR Requirement) Deposit to Escrow Fund.....~...................... ROlM"dfng AaItot.I'\t........... If' .. .. _......" .. ... .... .. TOTAL USES 41,892.50 31,927.01 30,914.30 10,645.43 6,849,921.14 2,199.62 $6,967,500.00 Raymond James ~ ^ssocimtesWT~\GASSYST9~CBll8bla Hulti-Refundfng piece Public finance Department 5/16/1996 2101 PM _..v"__ .-MAY-16-'96 THU 16:28 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 . ~14;U::~7/11 ........ THe CITY OF C~EARWATER, ~LORIDA Gas S)'81:CIlI Rcv.mtJe & RefundIng EJonds, Serfes 1996 Refundfng Portion GROSS DEBT SERVICE COMPARISON DATE PRINCIPAL COUPON INTEREST HEU O/S OlD DIS SAVINGS 9/01/1996 10,000.00 3.550~ 8Z,440.00 92,440.00 209,000.00 116,560.00 9/01/1997 25,000.00 3.650% 329,40~.OO 354,405.00 418,000.00 63,595.00 9/01/1998 25,000.00 4_000% 328,492.50 353,4~.50 418,000.00 64,507.50 ~~!~V~~;#AA~,(-..~~~~:t""j......r,.;S3l~1:Z~J2<<..:..... ...,.~a;i~,~e~~~~ ",~,~'Z<.~V~t~'i'ii..,.........~l~~ ~y.,... . ..:M . II, " .:'b.~~~'5.(f~~~~'ii.'~i3~~~\('"~r;~,f~:r;;tf~~,l;~~iI3',~~i',:;:~J::;,~t~8~M\m:o'M"~~~~~~Ml';JiJ."'~. .. 9/01/2001 345,000.00 4.55OX 311,967.50 656,967.50 719,700.00 62,732.50 9/01/2002 360,000.00 4.650X 296,270.00 6S6,2~.OO 719,860.00 63,590.00 9/0112003 375,OOOGOO 4. 75 OX , 279,530.00 654,530.00 718,440.00 63,910.00 ~..J~)~~'i~~~~,9.~';.t".,,"..w2,~.~.,n~,9~'^'^"."<l.~._~~1,~Jlr."'~~1lo\"'''~'''-''<N~~,w,...,..,..2~~2~;.; ""...v.~ . ... ::. ~,~.,:q;~~,1~~~~~r~~~::t::;;~~~19M~;;.~Q~~~:;~ii:i~~~'{i~QU"~:'~.~,~~~~\:~_"~:~:AJI.v:~~~~~r)~~j(~oI4iI~~ 9/01/2006 435,000.00 5.OS0X 2~Z,Z60.00 657#260.00 719,050.00 61,790.00 9/01/2007 455,000.00 5.150% 200,Z92.50 655,<92.50 720,175.00 65,482.50 9/01/Z008 475,000.00 5.25OX 176,860.00 651,860.00 715,550.00 63,690.00 -~!21~~~~~~~~~~~~!-~~~.2~w.~#..~~1,a2~.f.~~~p..,~>>>~:~.,.~^~~~l~'~~;'~~~~:4.':h~~.,,.r!!tr~~~",~.'I:~t~~ :1f;l!:~.I~~:Ji:I."J.W:~t.e..~~~m~"'~~~\l.~\OI~~~.~*~~1.~~li(~f'.~~~!':~;':j:c.~.~~~~;f(~,.:;IIM'....~t'~:~;:.~~c~?4 .. ". .. I~~~.;;~~*"~~~~~ 9/01/2011 555,000.00 5.450% 96,552.50 651,552.50 718,175.00 66,622.S0 9/01/2012 590,000.00 5.50OX 66,305.00 656,305.00 719,500.00 6),195.00 9/01/2013 610,000.00 5.550% 33,855.00 643,855.00 708,225.00 64,370.00 TOTAL 6,445,000.00 ~,859,167.S0 10,304,767.50 ",514,650.00 1,209,882.50 PRESENT VALUE ANALYSIS SUMMARY (GR.OS$ TO GROSS) Gross PV Debt Servfoe Savings..................... Transfe~$ 1~o. priOr Issua Debt Service Fund...... Tran5fers from Prior Issue DSR Fund............... contingency or Rounding Amount.................... 803,645.68 (104,500.00) C418,OOO.OO) 3,455.68 $284,601.56 HET PRESENT VALUE BENEFIT NET PV BENEFJT / $6,480,000 REFUNDEO PRINCIPAL... 4.39~X R~ymond J~ & Aa80ciDtes FILE = H:\PF\MUNF.XP\CLWTR\GASSYST9-callable Multf-Refundlng pfece Public Finance OepartJllent 5/16/1996 2:09 PH ..'" - --~._.--~- - - --~..- - .- ~ , lIIJf 4J M~Y-16-'96 THU 16:29 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 f:t145 1?0S/Jl ~ THE CITY OF CLEARWATER. fLORlOA GDS System RClve~ & Refundfng Bond&. Serfes 1996 Ref~fng ~ortfon DEBT SERVICE SCHEOULE DATE PRINCIPAL COUPON INTEREsT TOTAL P+J 9/0t/1996 10,000.00 3.55~ 82,440.00 9~,440.00 9/01/1997 25,000.00 3.650X 3Z9,405.00 354,405.00 9/01/1998 25,000.00 4.000% 3Z6,'92.~O 353,492.50 910~1999 Z5 000 00 ~.~SOX 327 492.50 ~5Z 492.50 ~~ '~~~':':'~~....:I'oWK:.!.W"'''''~~-''' ':':'>"'~.(.:''::;''':';~''',,*~~~,~",'l'''''A~'-'.'~' "';"~'1J:~7-#-.t:..~,0i""'~'l" ~ .\0 1.~~"~~i.'-MI:~~u~.~~."'~.\I",.,~~r-~~'~t~JIM!~;..~~;;"~~~~~~~f.I.tt.~ 9/0112001 345,000.00 4.550% 311,967.50 656,967.50 9/01/2002 360,000.00 4.650% 296,270.00 6S6,Z70.00 9101/2003 375,000.00 4.750X 279,530.00 6S4,530.00 .....':..JI9J12~~~~~?~~2~~~,;:.:~'t~ik~~~,..~."...^~.tI!~~".~,' .,,,,,*~,t.~l'llI~~~~. ~~w~:".~~1~;"-\I.W=.J.~!ot'.:~:~~~,~~~ '. . iW~,\t~~~~:'~1~~~~'~;~~~~ 9/0112006 435,000.00 S.OSO~ 222,260.00 657,260.00 9/01/2007 455,000.00 5.150~ 200,292.50 655,292.50 9/01/2008 475,000.00 5.250~ 176,860.00 651.860.00 ~/Q.1.I~99t:<~~!t':k.~Q~,'.22~';~Il:':';;''':~~~~:ll<t:.:~.~:,....t'.'lU1~~:'~~'t''';",' "';:~~1~~.J~~~2:~, ~.i~"~\.~j~~~QQ~~;::~~~~~=:-!J.U1I.~;c)'~~~~i':t~'it~~~~~~t~~~~:~~~.v:st:.. 9/01/2011 555,000.00 S.450~ 96,55Z.50 651.S5~.50 9/01/2012 590,000.00 5.500; 66,305.00 656.~05.00 9/01/2013 610.000.~0 S.S50~ 33,855.00 643,855.00 TOTAL 6,445,000.00 3,859,767.50 10,304,767.50 YIELD STATlSnCS Bond Year Dollars................................. Aver8g~ L~fe............._.........._._..........~ Averase Coupon........................_........... S73,536.25 11.410 Years S.24879Sn 5.3051642~ 5.3025241" S.6~'nZ73X S.4421S92X Net Interest coat (N1C)............,.............. True Interest CO$t (TIC).......................... Bond Yield for Arbitrage Purposes................. All Inclusive Cost (AIC).......................... IRs fORM 8038 Net Interest Cost................................. Vefghted Aver~ge Hoturity........,................ 5. 2487951X 11.410 Years Reymond James & As8ociatesNEXP\CLWTR'~SSYST9-CallBb'e Mul~I-~efunding piece Public FinancG Depertment '/16/1996 2:07 PH .- -..p..: MAY-16-'96 THU 16:30 ID:RJA PUBLIC FINANCE FAX NO:813-5'73-8315 ~1~5 P09/11 . tHE CITY OF CLEARWATER, F~ORIOA GU System l\evenue & Re1Wlding B0nd9, Series 1996 Refunding portion PRICING SUMMARY AA1URITY TYPE OF BONO COUPOH YIELD ISSUANCE VALUE PAR MATURITY VALUe PRICE DOLLAR PRICE 9/0111996 SERIAL COUPON 3.550X 3.519': 10,000.00 100.000:( 10,000.00 'OO.OOO~ 10.000.00 9/01/1997 SERIAl. CWPON 3.650X 3.647X 25,000.00 100.000X 25,000.00 100.000x 25.ooo.0D 910111998 SERIAL couPON 4.000% 3.998X 25,000.00 100.0~ 25,000.00 1oo..0ooX Z5.000.00 ~~~~~~~~~~r-~1.'~\"""'''''<.w~~,.Q.QQ'!..9.g,..,..1~~2q9~.....':~."m~~Q2~.9...12~~~-":~~,,.,~~~ ~ JAt-~~JiB ~'...:~.I.~~~~~~ft:~~~~~~~~~~~QO~Q'f~~J.ou:..uum~t:t:~~~~:~,O~"'~~..II.'t~~:t~~:=a.~~M~ 9/01/2001 SERIAL CQ.IPON 4.5SOX 4.549X 345,000.00 100.000~ 345,000.00 100.0oaX 145.000..00 9/0112002 SEIUAL COJPOH 4.650% 4.649% 360,000.00 100.000X 360,000.00 100,000" 360.000.00 9/01/21103 SERIAL COUPON 4.1SOX 4.749" 315,000.00 100.000% :575,000.00 100.00D'X 375rOOO.OO ~~~~~~.J~o;~';'4:~<,,~i~~2~~~~qi.,.,,~9:Q,~9~.,_~.>t~z~1~~e2'~*~'\.l<.J~~~r.....~,:.c.~~!.~~~ t ......l".I5M~~. ...... ~ . ~M~~jJJ.fti +~~~.,~~;;;t.._:w.~~.O"'.:.~:;~~1.P:Q~fJ~~~~~~~~~~~1JiwJl~.uwtf~;t-!"~~~..i-.....~~ 9/01/2006 SERIAl. C;(JtJpQII 5.05OX 5.049X 435,000.00 100.00OX 435,000..00 100.00~ 435 r 000.00 9101/2007 SERIAL coJPON 5.150% 5.149X 455.000.00 1oo.000x 455,000.00 100.000X 455.000.00 9/01/2008 SERI".. COUPON 5.250% 5.Z49X 475,000.00 10Q.000X 475,000.00 100.0DO" 475,000.00 9/01/2009 seRIAl. COUPON 5.350% 5.~9X 500 000-.00 100.00OX 500 000.00 100.000" 500 000.00 ~~~'nnr.:;;Q.,~~\~I'i<i1t~ft~lJj""""-""'~"""'"t':~''''''~'ft'''''''''''''''''''X~'\~')i/!i'''''.',;,:I,.....~~'..I'I1\':~~~~;w;;;....l~~~~.'~~;;~~~ ~~~~ ~....~~~~*~~'-'.~i~~~~<'i~~~~=:~i.1a;~rJ;J,)jlk~1wJra4:MU.O~~~~'!:~~~".w.'lJ.\l.\f';:'~~.If~~:$t~~I~~~~ 9/01/2011 SERIAL CClIPON 5.450% 5.449X 555,000.00 100.000% 555,000.00 100.000X 555,000.00 9/01/2012 SERIAL ca.rPON 5.500% 5.499% - 590,000.00 100.000" 590.000.00 100.000% 590,000.00 9/01/2013 SERIAL COUPON 5.5S~ 5.549X 610,000.00 100.00OX 610,000.00 100.00OX 610,000.00 TOTAL 6,445.000.00 6,445,000.00 6,445,000.00 BID INFORMATION Par Amount of Bonds............................... Gross Production Total Underwriter'S Ofscount (0.650%)............ Bid $6.445,000.00 $6.445,000.00 (41,892.50) 6,403,107.50 $6,403,107.50 S73.536.25 11.410 Years 5.2487957X 5 .305764~ 5.302S241X Total Purchase Price Bond Year Dolla~................................. Averago Life"...,.,..................................... Average Coupon.................................... Net Interest CQ$t (Nle)........................... True Interest Cost (TIC).,........................ bymond J~ & Associate$ Public Finance DepartMent FILE - H:\PF\HUNEXP\CLWTR\GASSYST9-CGllable Multi.kefUndins Piece 5/16/1996 ZaOS PM . ':~ " I;,:, ' , ., \) '..' : .... ~ ~ ,~ MAY-16-'96 THU 16:30 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 t:t145 P10/11.......' THE CITY OF ClEARUATE~, FLORIDA GaG Systellt Revenue I. RefundIng Bonds, Series 1996 Refunding portSon ESCROW FUND CASH fLOW DATE PRINCIPAl. RATE INTEREST RECEIPTS DISBURSEMENTS CASH BALANCE 6/01/1996 21.14 ~1.14 9/01/1996 115,000.00 94,052.22 209,052.22 Z09,OOO.OO 73.36 3/0111997 20,900.00 188,104.44 209,004.44 209,000.00 77.80 ~~~.,*~I~.9.,.?9~i~~~~",~~~~",~",",;'"y:"~""":,,,,J~I.J2,~7.-~':":';'::;':"'I:,.....~~:~.q~~,~~.;:...~,,~....,~~~~..::.~~""'-'''':':~I+Hi~ ~ . ;t:"~ . ~~~~!\-:,~IQ;WQ_"''''''~~~~~~~~';;:~~~~~;;::':;~'.QQ~~.utt)~~~:~~~~:~:~:!.:!.:~~9~~f~~ . 1~:~~~~~~~~i~1~;GU~1;"U."~~~~~~~!~~!~~J~= 9101/1998 20,900.00 188,104.44 209,004.44 209,000.00 91.12 3/01/1999 20,900.00 188,104.44 209,004.44 209,000.00 95.56 9/01/1999 6,630,400.00 5.6740000X 188,104.44 6,818,504.44 6,818,~G.OO TOTAL 6,849,900.00 1,222,678.86 8,072,600.00 8,072,60D.00 INVESTMENT PARAMETERS Investment Model tPV, GIC, or Securities]......... Default fnvestment yield target................... Securities. Bond Yield Cash Depo-s ft. .. . . . . . . . . . . . .. . .. . . . .. . . .. . . . . . .. . . . . . . . . . Cost of Restri~ted Investments.................... Total Cost of Investments......................... Yield to Re~etpt.....,............................ 21.14 6,849,900.00 $6,849,921.14 6,849,767.64- (153.50) 5.6198718~ 5.6205871% Target Cost of Investments at bond yield.......... Actual positive or (negative) arbitrage........... Yfeld for Arbitrage Purposes...................... Rayw10tld Jemea & Aasoolates publ Ie finance Depart1nent FILE R H:\PF\HUNEXP\CLUTR\GASSYST9.Callabla Multi'Refunding piece 5/'6"996 2:0~ ~ ~ ..-.~-" "...... MAY-16-'96 THU 16:31 ID:RJA PUBLIC FINANCE FAX NO:813-573-8315 . tt1.~~. ..I?~J,/11 THE CITY OF CLEARWATER. FlORIDA Gas System Revenue & Refunding Bonds, Series 1996 Refunding Portion Maturity vs. CallOS Report DATE RE FUNDED BONDS PREMIUM ... Al D/S TO CALL PRINCIPAL COUPON INTEREST REFUlI>ED D/S 6/0"1996 9/01/1996 209,000.00 209,000.00 209,000.00 3/01/1991 - - 209,000.00 -. 209,000.00 209,000.00 ~~~{a;~-~.,..,=.~:.;;,:... :~........>t>t>t., ....';~,,~:-:-~.~... .~;...~*,,,.,,.~... ~2~,RoOe~,:~~...~......;.. "',.""-:..,.."....-::.;..,.;: :,;p..;.;....,..,,,:..;.',...>.e'.".',~~~:~31t{~222~~2....':'...."'m~-j~~:~~.;~ ~ Kt.. ~~~~~~~~:~~lf::::.!:~~.~u.~:!r:~~~~'l~~~:~:t.~~t~::J;,lI~_~O ~.~w~~i.;;;.!.~:;:;::::~;~~~.a:;:.~~t::.::~i~::;~::~(~.~~:~~:~<)~::.~~~~~:1)o~~~;.~1~~;?Ci...,.,-:f~~"'~~~)Ia\~,,~.,~~~ 9/0111998 209,000.00 209,000.00 209,000.00 3/01/1999 209,000.00 209,000.00 209,000.00 9/01/1999 6,480,000.00 129,600.00 6,818,600.00 ~. 209,000.00 209,000.00 ...;~t;":':': . ~'~+\~:'':4i~'' ....(.; :.>.,*...~""......,..:~...,.. ..... .,.,' ... ... ..;.".;^'...~....M...... . ........ .:....jI(,.... ..~:'"K""..;!;!"'~,...-:. .... y:,...."".,':'J'...t~~t.2-22iP9."'. '''\'~:U'''>'~~~ ~.. ~ . '~~~~J.,~~~~~~.#~-:c:;im~:~~:~:~:;:;Z::;~:~~:~~~::~~:~~~S:~:~\;\,~::~~~:~~:i~~:-~~;~~~;~~g,,:~~.Q~I.t\l.Ni!t~:S:~~:q:~~:':~~~T!.~i~~.~~~;,..9JJ:~~,.~~:~~....~~~~~ 3/01/2001 199,$50.00 199,850.00 9/01/2001 320,000.00 6.200X 199,8S0.00 519,850.00 310112002 189,930.00 189,930.00 9/01/200Z . . . 340 000.00 6.300% 189 930.00 529 930.00 a.~~1Il:"~":~"""'''''' .....,'. :<r:"Ic'of';"~"''"o''Y'':V'''''''''''''''''''''''''S.' ',"'" .'='I"*".;~:"':~Io""'~" .'., M....'..... .......... .... """::I:.<.:+,IoI'''''m~,~''~''''''''''''''~~~''f'''.''''''.'''''''~'M-I''''~':-':''''''''...........~.!M..~.fzw::;~.f.<6t$+:.N:'.~r-~~;N~ . . ~ai..,~~~~~~:~~~~~~:~~t,;;~::;~t;~~~~;;:::~:~::9:~~::~~~;~;..~~~~;;;{;~~~~;:~;~:{~:~~':~~:~~~~t~~~~~~.~~~~~~~~~~~;$~~~~~J~~~~f.:J'~~rzz.U:~'M'f:~~~~t~~...~~f(~~~ 9/01/2003 - . . 360,000.00 6.400% 119,220.00 539,220.00 3/01/2004 161,700.00 167,100.00 9/0112004 380,000.00 6.500X 161,700.00 547,700.00 il:><..1J.~~~"~"'-~"''''~.:No~''*_~~~'AW~'~''''','',' .... .~.........."'.w;S',..,',.,., ........ ....... "~ ." ..... ..*,....,..,,>.:'1.!'..,.t'I~. ..~.w.:...........>.~..>Jt:";tt~~".><;!;"_."m1~!~~.~~~~~~illJ~~~; ~ . . .,. ..~~~~::c~I.~~J:4'~~~~:!t~~j:t;t:.,~~~~;~~;!~~a~:~~~.~~~:.:t:~~~::;::;V;~~~?:~~~~t~~!::~S~~ii~~~~~~~IJ.~~~~~~~~~;,~'~J..I..~~i~~;.'i~;:;),t,.,.~~.~...~.: l~~11 ~~"If.~ 3/01/2006 . ~ - -. 14~,025.00 142,025.00 9/01/2006 435,000.00 6.500% 142,025.00 577,025.00 3/01/2007 , 127,887.50 127,887.50 9/01/2001 - - - 465 000.00 6.50OX 127,887.50 59Z 887.50 ~jlWW~lt~Hr~it~~~'f1'A.~~~~~2i~~~~:~"~~~~c::=~~~~:~~~~(i::;:~~:~;~~!:;~:~;~:~:::~~:~:~;;~t.::;:t:f.:~:~~:;~';~~1~~~~!~~'~~~~I:&~~~~~~:t..Ji~~~:.;.~f~~~~~~::;~~:i~:~~~:i!~:~~~~Wg:.t~~~~ ~~I~~~.;/..-..-~+r:'+t+~~""",;",~""",''''.'''''M~.:.:''I<';~'lfl(~....~,.../:,......,...:'.....'..........,....+...loW+:N'to)o:~~;t.o..I;............:):.V.....................~.....1-.;.t...h"'M+~i;r.A..~.... ......\'........................-:.I).....,.~r;rl~~";.............:v:',:~w;;j:'~ 9/01/2008 . ~ - 490,000.00 6.500X '12,775.00 602,775.00 3/0112009 06,850.00 96,850.00 9/0112009 525.000,00 6.500X 96,850.00 621,850.00 it~~~~~...,.._.~~.......,;"""~..,...~~.. ~"::.:,:~...+...~\:.;.;.......~.>..,..,.,..,..,.,.......,.:.+.,:,;,::~;.".~<<--.~..~>~Jl1'<-"':nnn:::nrt,,,....,........:.t:".':;tll\,,:.~~..~,;,..~.l!!;.~~,..~...,-"":'~~~!::i~""" . . . . . ~~~~.... .~~;.:~~h~.~~:;I;:~li,~~r...~~~.~~~~~~~;~~~~;~;c:~;.~;<-~\~~.::a:c~r.~';f:~J.::1.::.::o~.~~~~i~gu:,VJ.AI.'..~.~~:r~:t.8.;~~J.J.\lt'f:1~~>,~"/~~';, :l:';u,,~~u~~;.Jo~ ;'~~~~~t"'Dutl~ 3/01/2011 61,587.50 61,587.50 9/01/2011 595,000.00 6.500% 61,587.50 656,587.50 3/01/2012 42,250.00 4~,250.00 9/0112012 . . . 635,000.00 6.500% 42,250.00 611 250.00 ~...~~..;:N\:~,~1:~~-O:'~~~~W<<:,:~~:w:~.......:......:~~~~.~~<:.:.:,:~:M:,:.:,.~~.l!C:~: tM.:.."'.~,}:...:<C.~.::.....~:;:::;.;...~-.:....~.~>>~#,(.~-:r*:.u.I.~.t.o:otol;~..,.:~:-,.,<'~:::j~"i:;.~:-:)r.r;.:w:M.k=+*:O:-I-f.~...';:.~;.;~..~...-.r.;it~::::-Llia~,:.>>Kf.*~~~:~.4J:~~ ~~~~~~'$:'W~"+t>~~~':C'J:\:::-~Z:::~!t.~~~I<:...c.:.iof+c-:~~l~;..'::i:;t.::.~~:-t.~:!.::s..:;.;/;~<:~;.~~:;,:~:.:..~~.j.:.!~~~~:;:~.~.~;~:;,~~~~~:::~:....:~~i:."t~~"t.;:.;..)i.;:)o;~~:~:..I:~:=::;t~.~~~~~~:t~..;:;:-;:,':~a..:~O:I~.:.-.iJ~.:.~~~~:~n:~ 9/0112013 665.000.00 6.50ax ~1,612.50 686,612.~O TOTAL 6,480,000.00 129,600.00 8,on,600.00 6,480,000.00 5,034,650.00 11,514,650.00 RttVlJlOOd James & Aasocfutes Public Finance D~rtment FILE = H:\PF\HUNEXP\Cl~TR\GASSYST9-Cal\&ble MUlti.Refundfns Pleco 5/16/1996 2:08 PM RESOLUTION NO. 96-44 A RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED $9,750,000 GAS SYSTEM REVENUE BONDS AND $8,500,000 GAS SYSTEM REVENUE REFUNDING BONDS; FIXING REDEMPTION PROVISIONS FOR THE BONDS; SETTING FORTH THE FORM OF THE NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE RELATING TO THE SALE OF SUCH BONDS; DIRECTING PUBLICATION OF THE SUMMARY NOTICE OF SALE RELATING TO SUCH BONDS; PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF THE BONDS; SETTING FORTH THE OFFICIAL NOTICE OF SALE AND BID FORMS; PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN FULL BOOK ENTRY FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LETTER OF REPRESENTATION WITH THE DEPOSITORY TRUST COMPANY; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE SELECTION OF A REGISTRAR AND PAYING AGENT; AUTHORIZING THE SELECTION OF A PROVIDER OF MUNICIPAL BOND INSURANCE; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1991, the city commission of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original Ordinant>-:1") to provide for the issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and WHEREAS, on september 1, 1994, the City enacted Ordinance No. 5665-94 (the "Series 1994B Bond Ordinance") which authorized the issuance of not to exceed $26,750,000 city of Clearwater, Florida, Gas System Revenue Bonds, Series [to be determined], as Additional Parity Obligations under the Original Ordinance to finance the costs of the Series 1994B projects (as defined in the Series 1994B Bond ordinance); and WHEREAS, on June 6, 1996, the City enacted Ordinance No. 6030- 96 (the "Refunding Ordinance", which together with the Original Ordinance and the Series 1994B Bond Ordinance, collectively, the "Bond ordinance") which authorized the issuance of not to exceed $8,500,000 City of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series [To be determined] (the "Refunding Bonds") I as Additional Parity Obligations under the Original Ordinance to advance refund a portion of the city's outstanding Gas System Revenue Bonds, series 1991 (the "Refunded Bonds"); and WHEREAS, it is in the best interest of the City to designate the portion of such bonds to finance the Series 1994B Projects as Resolution No. 96-44 "Gas System Revenue Bonds, Series 199 6A, " (the "Series 1996A Bonds") and to designate the Refunding Bonds as "Gas System Revenue Refunding Bonds, Series 1996B" to reflect the year of their issuance; and WHEREAS, it is in the best interest of the city to provide for the public sale of not to exceed $9,750,000 of Series 1996A Bonds and $a,500,000 of Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. SERIES DESIGNATION. The not to exceed $9,750,000 of the Gas system Revenue Bonds, series [to be determined] authorized by the Series 1994B Bond Ordinance being offered pursuant to this resolution are hereby designated as Series 1996A Bonds (the "Series 1996A Bonds") and the not to exceed $8,500,000 of the Gas System Revenue Refunding Bonds, Series [to be determined] authorized by the Refunding Ordinance being offered pursuant to this resolution are hereby designated as Series 1996B Bonds (the "Series 1996B Bonds"). SECTION 2. PUBLIC SALE. There are hereby authorized to be sold pursuant to a public sale not to exceed $9,750,000 city of Clearwater, Florida, Gas System Revenue Bonds, series 1996A, and not to exceed $8,500,000 city of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 1996B (the series 19968 Bonds, together with the Series 1996A Bonds, the "Series 1996 Bonds"). SECTION 3. PROVISIONS FOR REDEMPTION. The Series 1996 Bonds maturing prior to or on September 1, 2004 are not subject to redemption prior to their maturity date. The Series 1996 Bonds maturing after September 1, 2004 are subject to redemption at the option of the city prior to maturity on or after September 1, 2004, in whole at any time, or in part from time to time, on any interest payment date in such manner as shall be determined by the city at the redemption prices expressed as a percentage of the principal amount of the Series 1996 Bonds to be redeemed as set forth below, together with accrued interest to the date fixed for redemption. Redemption Price (Percentage of Par) Period During Which Redeemed September 1, 2004 through August 31, 2005 September 1, 2005 through August 31, 2006 September 1, 2006 and thereafter 102% 101 100 SECTION 4. SALE OF SERIES 1996 BONDS. The Finance Director is'hereby directed to publish the Summary Notice of Sale of the Bonds in a newspaper regularly distributed in the City of Clearwater and in The Bond Buye~, such publications to be on such date as shall be deemed by the Finance Director to be in the best 2 Resolution No. 96-44 . J . , ~ ... -.. .- , .. ' interest of the Issuer and such publications to be not less than ten (10) days prior to the date of sale; and to publish such Notice in such other newspapers on such dates as may be deemed appropriate by the Finance Director. Proposals for purchase of the Series 1996 Bonds will be received at the office of the Finance Director of the City, 100 South Myrtle Avenue, Clearwater, Florida 34616, from the time that the Notice of Bond Sale is published until 11: 00 a. m., Eastern Daylight Savings Time, on June 27, 1996 (the "Bid Date"). SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale, Summary Notice of Sale of the Bonds and the Official Bid Forms to be submitted for purchase of each series of the Series 1996A Bonds shall be in substantially the forms annexed hereto, as Exhibits A, B, C, and D, respectively, together with such changes as shall be deemed necessary or desirable by the Finance Director, incorporated herein by reference. SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the residents and inhabitants thereof that the Series 1996 Bonds be issued utilizing a pure book-entry system of registration. In furtherance thereof, the city authorizes the execution and delivery of a Letter of Representation with the Depository Trust Company in substantially the form attached hereto as Exhibit E and the Mayor-Commissioner or the city Manager are hereby authorized to execute and deliver the Letter of Representation with such changes, insertions and omissions as shall be approved by the officer of the City executing the same. The City hereby ratifies and approves the terms and conditions set forth on Exhibit E attached hereto. Such terms and provisions shall be deemed to be incorporated herein and in the Ordinance as if set forth at length. For so long as the Series 1996 Bonds remain in such book entry only system of registration, in the event of a conflict between the provisions of the Ordinance and the provisions of Exhibit E attached hereto the terms and provisions of Exhibit E shall prevail. SECTION 7. PRELIMINARY OFFICIAL STATEMENT. The Mayor- Commissioner and Finance Director are authorized and directed to cause a Preliminary Official statement to be prepared in substantially the form attached hereto as Exhibit F, with such changes, insertions and omissions as shall be approved by the Mayor-Commissioner and Finance Director, containing a copy of the attached Notice of Bond Sale and Official Bid Forms and to furnish a copy of such Preliminary Official Statement to interested bidders. The Mayor-Commissioner and Finance Director are authorized to deem final the Preliminary Official statement prepared pursuant to this section for purposes of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series 1996 Bonds to the successful bidder, the City shall also make available a reasonable number of copies of the 3 Resolution No. 96-44 preliminary Official statement to such bidder, who may mail such Preliminary Official statements to prospective purchasers at the bidder's expense. SECTION 8. CONTINUING DISCLOSURE. The city hereby covenants and agrees that, in order to provide for compliance by the city with the secondary market disclosure requirements of the Rule I that it will comply with and carry out all of the provisions of that certa in Continuing Disclosure Certif icate in substantially the form attached hereto as Exhibit G, to be executed by the city and dated the date of issuance and delivery of the Series 1996 Bonds, as it may be amended from time to time in accordance with the tenns thereof (the "continuing Disclosure Certificate"). Notwithstanding any other provision of this Resolution, failure of the city to comply with such continuing Disclosure certificate shall not be considered an event of default; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations under this Section. SECTION 9. REGISTRAR AND PAYING AGENT. First Union National Bank of Florida, Jacksonville, Florida, is hereby appointed as Registrar and Paying Agent for the Series 1996 Bonds. SECTION 10. MUNICIPAL BOND INSURANCE. The Mayor-Commissioner and the Finance Director are hereby authorized to select a bond insurer to provide insurance to insure the scheduled payment of principal and interest on the Series 1996 Bonds on behalf of the Issuer. SECTION 11. AWARD OF BIDS. The Finance Director is hereby authorized to accept the bids for the Series 1996 Bonds. The city Manager and the Finance Director are hereby authorized to award the sale of the Series 1996A Bonds and/or the Refunding Bonds, respectively, on their determination of the best bid submitted in accordance with the terms of the Notice of Bond Sale provided for herein and within the following parameters: (1) in the case of the Series 1996A Bonds, the true interest cost rate shall not exceed 7 .00% , and (2) in the case of the Refunding Bonds, the true interest cost rate shall not exceed 7.00% and the refunding of the Refunded Bonds by the Refunding Bonds shall provide the city with a net present value savings of not less than 4.0% of the par amount of the Refunded Bonds. The City Manager and the Finance Director are hereby authorized to award the sale of either the Series 1996A Bonds or the Refunding Bonds as set forth above or to reject all bids for either or both series of Series 1996 Bonds. Such award shall be final. SECTION 12. EFFECTIVE DATE. effect immediately upon adoption. This resolution shall take 4 Resolution No. 96-44 Passed and adopted by the city commission of the City of Clearwater, Florida, this day of , 1996. CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissioner Approved as to form legal sufficiency: p~a~~Akin, city and Attest: Attorney cynthia E. Goudeau, City Clerk 5 Resolution No. 96-44 , .. ~. 'I. EXHIBIT A FORM OF NOTICE OF BOND SALE 1 I I ! I , I I I j I "j I I I I i I i I "' " ".., Resolution No. 96-44 OFFICIAL NOTICE OF BOND SALE $8,695,000 · CITY OF CLEARWATER, FWRlDA GAS SYSTEM REVENUE BONDS, SERIES 1996.\ and $6,445,000 · CITY OF CLEARWATER, FWRlDA GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 19968 Sealed proposals will be received by the City of Clearwater, Florida (the .City") at the offices of the Finance Director of the City, 100 South Myrtle Avenue, Clearwater, Florida 34616 by 11:00 a.m. (Eastern Daylight Savings Time), on June Z'l, 1996, for the purchase of the City of Clearwater, f1orida, Gas System Revenue Bonds, Series 1996A (the .Series 1996A Bonds") and for the City of Clearwater, Aorida, Gas System Revenue Refunding Bonds, Series 1996B (the .Series 1996B Bonds' or the "Refunding Bonds', together with the Series 1996A Bonds, the 'Series 1996 Bonds"). The proposal for the Series 1996A Bonds, together with the good faith deposit described below, should be enclosed in a sealed envelope marked "Proposal for $8,695,<XX). City of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A; Do Not Open Until 11:00 a.m. (Eastern Daylight Savings Time), June 26, 1996., and the proposal for the Refunding Bonds, together with the good faith deposit described below, should be enclosed in a sealed envelope marked "Proposal for $6,445,000. City of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 1996B; Do Not Open Until 11:00 a.m. (Eastern Daylight Savings Time), June 27, 1996", or such similar legend which appropriately identifies the contents thereof. Form or Series 1996 Bonds The Series 1996 Bonds will be issued in book entry only form, without coupons, in denominations of $5,000 or any integr-a1 multiples thereof. Principal of and any redemption premium on the Series 1996 Bonds shall be paid to the registered owners at the principal corporate trust office of First Union National Bank of Florida, Jacksonville, Florida (the "Paying Agent' and 'Registrar', upon presentment and surrender of the Series 1996 Bonds. Interest on the Series 1996 Bonds shall be paid to the registered owners as shown on the registration books maintained by the Registrar, by check or draft mailed to each such owner's address as shown on the registration books maintained by the Registrar as of the fifteenth (15th) day of the calendar month preceding such interest payment date. Interest will be payable each September 1 and March 1, commencing September 1, 1996. Interest will be calculated on the basis of a 360-day year of twelve 3O-day months. For so long as The Depository Trust Company, New York, New York, or its nominee, Cede & Co. (collectively, '1>TC") is the registered owner of the Series 1996 Bonds, payments of principal of, redemption premium, if any, and interest on the Series 1996 Bonds will be made directly to DTC. Disbursements of such payments to the DTC participants is the responsibility of DTC and further disbursement of such payments from the DTC participants to the beneficial owners of the Series 1996 Bonds is the responsibility of the DTC participants. Initially one bond will be issued for each maturity of the Series 1996A Bonds and for each maturity of the Refunding Bonds in the aggregate principal amount of each such maturity and registered in the name of DTC. DTC, an automated clearing house for securities transactions, will act as securities depository for the Series 1996 Bonds. Purchases of the Series 1996 Bonds will be made in book-entry-onJy form (without certification). It shaD be the responsibility of the Successful Bidder (as hereinafter dermed) for the Series 19%A Bonds and for the Successful Bidder for the Refunding Bonds to furnish to DTC an underwriters' questionnaire and to the City the CUSIP numbers of the Series 1996A Bonds and of the Refunding Bonds not Jess than seven (7) days prior to the Closing Date (as hereinafter derlDed). .PreJiminary, subject to change. Maluti.,. Schedule The Series 1996A Bonds will mature on September 1 of the foUowing years in the following prindpal amounts: SerIes 1996A Bonds Prindpal Principal Maturity Amount. Maturity Amount · 1996 $ .- 2012 $ 135,000 1997 65,000 2013 155,000 1998 65,000 2014 265,000 1999 70,000 2015 285,000 2000 80,000 2016 300,000 2001 75,000 2017 310,000 2002 80,000 2018 335,000 2003 85,000 2019 350,000 2004 95,000 2020 365,000 2005 90,000 2021 390,000 2006 95,000 2022 410,000 2007 105,000 2023 430,000 2008 110,000 2024 460,000 2009 115,000 2025 1,S20,OOO 2010 120,000 2026 1,610,000 2011 125,000 The Refunding Bonds will mature on September 1 of the following years in the fonowing principal amounts: Series 1996B Bonds. Maturity Prindpal Amount. Maturit;y Principal Amount* 1996 1997 1998 1999 2000 2001 2002 2003 2004 $ 10,000 25,000 25,000 25,000 325,000 345,000 360,000 375,000 390,000 2005 2006 1JXf1 2008 2009 2010 2011 2012 2013 $415,000 435,000 455,000 475,000 500,000 530,000 555,000 590,000 . 610,000 Mandatory Redemption Provisions If the Successful Bidder .designates any Series 1996A Bonds or any Refunding Bonds as term bonds as described under .Desi~ation of Term Bonds, · the following mandatory redemption provisions sball apply with respect to such designated term bonds: 2 The Series 1996[A)[BJ Bonds maturing on September 1, _ will be subject to mandatory redemption prior to maturity, selected by lot, or in such manner as tbe Registrar may deem appropriate, at a redemption price equal to par plus accrued interest to the redemption date, on September 1, _, and each September 1 thereafter, from amounts deposited in the Sinking Fund established by tbe Ordinance, in the following years and amounts as follows: :Yw Amount OptJonal Redemption Provisions The Series 1996 Bonds maturing on or prior to September 1, 2(X)4 are not subject to redemption prior to their maturity date. The Series 1996 Bonds maturing after September 1, 2004 are subject to redemption at the option of the City prior to maturity on or after September 1, 2004, in whole at any time, or in part Crom time to time on any interest payment date, in such manner as shall be determined by the City at the redemption prices expressed as a percentage of the principal amount of the Series 1996 Bonds to be redeemed, as set forth below, together with accrued interest to the date fixed for redemption. Redemption Period Redemption Price September 1, 2004 through August 31, 2005 September 1, 2005 through August 31, 2006 September 1, 2006 and thereafter 102% 101 100 Adjustment or Prlndpal Amoullt After final computation of the bids, to achieve desired debt service levels, the City reserves the right either to increase or decrease any Principal Amount of the Series 1996A Bonds and/or the Refunding Bonds (or any Amortization Installment in the case of a Term Bond) shown on the schedule of Principal Amounts set forth above (the "Maturity Schedule-), by an amount not to exceed five percent (5%) of the stated amount of each such Principal Amount on the Maturity Schedule and correspondingly adjust the issue size, aD calculations to be rounded to the nearest $5,000. In the event of any such adjustment in either the Series 1996A Bonds or the Refunding Bonds, no rebidding or recalculation of the bid submitted with respect to such Series 1996A Bonds or Refunding Bonds will be required or permitted. H necessary, the total purchase price of the Series 1996A Bonds or the Refunding Bonds, as the case may be, will be increased or decreased in direct proportion to the ratio that the adjustment bears to the aggregate principal amount of the Series 1996A Bonds or the Refunding Bonds specified herein; and the Series 1996A Bonds or the Refunding Bonds, as the case may be, of each maturity, as adjusted, wiD bear interest at the same rate and must have the same initial reoffering yields as specified in the bid of the Successful Bidder. However, the award will be made to the bidder whose bid produces the lowest true interest cost, calculated as specified below, solely on tbe basis of the bid for the Series 1996A Bonds or the Refunding Bonds, as applicable, offered pursuant to the Bid Maturity Schedule of the relevant series of Series 1996 Bonds, without taking into account any adjustment in the amount of Series 1996A Bonds or Refunding Bonds set forth in the applicable Bid Maturity Schedule. .Preliminary, subject to change. 3 DeslanatJoD or Term Bond, Bidders may specify that the annual Principal Amounts of the Series 1996A Bonds coming due in any two or more conseaJtive years may be combined to form one or more maturities of Series 1996A Term Bonds scheduled to mature in the last of such years with the preceding annual Principal Amounts for such years constituting mandatory Amortization Installments of Series 1996A Bonds to be selected by lot and redeemed at a price of par plus accrued interest in accordance with the Resolution. Bidders may specify that the annual Principal Amounts of the Refunding Bonds coming due in any two or more consecutive years may be combined to form one 01' more maturities of Series 1996B Term Bonds scheduled to mature in the last of such years with the preceding annual Principal Amounts for such years constituting mandatory Amortization Installments of Refunding Bonds to be selected by lot and redeemed at a price of pal' plus accrued interest in accordance with the Resolution. Basis or Award Proposals must be unconditional and only for all the Series 19%1\ Bonds and/or all of the RefllI1ding Bonds. The purchase price bid for the Series 1996A Bonds may include a discount (including underwriters' discount and original issue discount) not to exceed two percent (2%) of the principal amount of the Series 1996A Bonds and shall specify how much of the discount is original issue discount. The purchase price bid for the Refunding Bonds may include a discount (including underwriters' discount and original issue discount) not to exceed two percent (2%) of the principal amount of the Refunding Bonds and shall specify how much of the discount is original issue discount. The purchase price bid for each series of Series 1996 Bonds will not deduct the insurance premium. Said deduction of premium will be made only for the purpose of calculating the true interest cost. No more than one (1) Proposal for each series of Series 1996 Bonds from any bidder will be considered. The City reserves the right to determine the Successful Bidder for each series of Series 1996 Bonds, to reject any or all bids and to waive any irregularity or informality in any bid. The Series 1996A Bonds will be awarded to the bidder (herein referred to as the .Successful Bidder- as to the Series 1996A Bonds) offering such interest rate or rates and purchase price which wiD produce the lowest true interest cost to the City over the life of the Series 1996A Bonds. True interest cost for the Series 1996A Bonds (expressed as an annual interest rate) will be that annual interest rate being twice that factor of discount rate, compounded semiannually, which when applied against each semiannual debt service payment (interest., or principal and interest, as due) for the Series 1996A Bonds will equate the sum of such discounted semiannual payments to the bid price (inclusive of accrued interest). Such semiannual debt seIVice payments begin on September 1, 1996. The true interest cost shall be calculated from July 16, 1996, the expected closing date of the Series 1996 Bonds (the wOosing DateW) and shall be based upon the principal amounts of each serial maturity set forth in this Notice of Bond Sale and the bid price set forth in the Proposal for the Series 1996A Bonds submitted in accordance with the Notice of Bond Sale. In case of a tie, the City may select the Successful Bidder by lot. It is requested that each Proposal for the Series 1996A Bonds be accompanied by a computation of such true interest cost to the City under the term of the Proposal for Bonds, but such computation is not to be considered as part of the Proposal for Bon~ The Refunding Bonds will be awarded to the bidder (herein referred to as the .Successful Bidder" as to the Refunding Bonds) offering such interest rate or rates and purchase price which will produce the lowest true interest cost to the City over the life of the Refunding Bonds. True interest cost for the Refunding Bonds (expressed as an annual interest rate) will be that annual interest rate being twice that factor of discount rate, compound~ semiannually, which when applied against each semiannual debt service payment (interest, or principal and interest, as due) for the Refunding Bonds will equate the sum of such discounted semiannual payments to the bid price (inclusive of accrued interest). Such semiannual debt service payments begin on September 1, 1996. The true interest cost shall be calculated from the aosing Date, and shall be based upon the principal amounts of each serial maturity set forth in this Notice of Bond Sale and the bid price set forth in 4 each Proposal for each series of the Refunding Bonds submitted in accordance with the Notice of Bond Sale. In case of a tie, tbe City may select the Successful Bidder by lot. It is requested that each PropoW for the Refunding Bonds be accompanied by a computation of such true interest cost to the City under the term of the Proposal for Bonds, but such computation is not to be considered as part of the Proposal for Banda. Interest Rates Permitted. The Series 1996 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-twentieth (1/21J) of one percent. No interest rate specified for any maturity of each series of Series 1996 Bonds may be lower than any interest rate specified for an earlier maturity of such series. There shall not be a difference greater than three hundred basis points (300 b.p.) between the lowest coupon and highest coupon within each series of Series 1996 Bonds. Should an interest rate be specified which results in annual interest payments not being equally divisible between the semiannual payments in cents the first semiannual payment will be reduced to the next lower cent and the second semiannual payment will be raised to the next higher cent. It shall not be necessary that all Series 1996 Bonds bear the same rate of interest, provided that all Series 1996A Bonds maturing on the same date shall bear the same rate of interest and that all Refunding Bonds maturing on the same date shall bear the same rate of interest. A rate of interest based upon the use of split or supplemental interest payments or a zero rate of interest will not be considered. Paylna Aaent and Rqistrar The Paying Agent and Registrar for the Series 1996 Bonds is Fust Union National Bank of Florida, Jacksonville, F1orida. Security Principal of and interest on the Series 1996 Bonds to be issued pursuant to Ordinance No. 5118-91, as amended and supplemented by Ordinance No. 5665-94 and Ordinance No. 6030-96 and an required sin1cing fund, reserve and other payments shall be payable solely from the Net Revenues of the City's Gas System, together with the earnings thereon derived from the investment thereof in the Funds and Accounts established in the Resolution and as more fully described in the Preliminary Official Statement. The lien of the Series 1996 Bonds upon the Net Revenues is on a parity with the City's outstanding $7,680,000 Gas System Revenue Bonds, Series 1991 (except to the extent refunded by the Refunding Bonds), and the $8,110,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A. The Series 1996 Bonds do not constitute a general indebtedness of the City within the meaning of any constitutiona~ statutory or charter provision or limitation, and no Bondholder shall ever have the right to require or compel the exercise of the ad valorem taxing power of the City or taxation of any real or personal property therein for the payment of the principal of and interest on the Series 1996 Bonds or the making of any debt service fund, reserve or other payments provided (or in the Resolution. Purpose Pursuant to the Ordinance, the Series 1996A Bonds are being issued to flOance additions, extensions, supplements or replacements to the City's Gas System, to make a deposit to, or to purchase a surety for, the Reserve Account for the Series 1996A Bonds, and to pay the cost of issuance of the Series 1996A Bonds, and the Refunding Bonds are being issued to advance refund a portion of the City's outstanding $7,680,000 Gas System Revenue Bonds, Series 1991 (the "Refunded Bonds"), to malee a deposit to, or to purchase a surety for, the Reserve Account for the Refunding Bonds (net of amounts transferred from tbe reserve fund for the Refunded Bonds upon the defeasance of the Refunded Bonds), and to pay the cost of issuance of the Refunding Bonds. 5 ls8uaDCt or Series 1996 Bonds The Series 1996 Bonds will be issued and sold by the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of F1orida. Tbe Series 1996 Bonds are being issued pursuant to Ordinance No. 5118-91 enacted August 15, 1991, Ordinance No. 5665-94, enacted September 1, 1994, and Ordinance No. 6030-96, enacted on June 6, 1996, as supplemented by resolutions (coUectively, the -aond Ordinance") by the City of Clearwater, F10rida (the .City") and pursuant to tbe provisions of Chapter 166, F10rida Statutes. and other applicable provisions of law. Municipal Bond Insurance PoUt)' A commitment to issue a municipal bond insurance policy guaranteeing payment of principal and interest on the Series 1996 Bonds has been obtained from . The price bid for purchase of the Series 1996 Bonds, as set forth on the Official Bid Form, will be reduced by the amount of the bond insurance policy premium, for the purpose of calculating the true interest cost rate of the bid. Information regarding the bond insurance commitment including the amount of the premium, may be obtained from David Thornton of Raymond James & Associates, Inc., F'mandal Advisor to the City, (813) 573-8282 Proposals Proposals fOf the Series 1996A Bonds and for the Refunding Bonds are desired on forms which will be furnished by the City, and envelopes, cont8ining Proposals (or the Series 1996A Bonds should have endorsed thereon .Proposal for $8,695,000. City of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A; Do Not Open Unti111:OO a.m. (Eastern Daylight Savings Tune), June 7:7, 199611, and envelopes, containing Proposals for the Refunding Bonds should have endorsed thereon "Proposal for $6,445,000. City of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 1996B; Do Not Open Until 11:00 a.m. (Eastern Daylight Savings Tune), June 1:1,1996-, or words of equivalent import, and should be addressed to the City at the above address. Each proposal for the Series 1996A Bonds must be accompanied by the sum of $86.950 and each proposal for the Refunding Bonds must be accompanied by the sum of $64,450, in the (orm of either (i) a Cashier's or Certified Check drawn upon an incorporated bank or trust company, payable to the City of Oearwater, Florida, as evidence of good faith, or (ii), a rmandal Surety Bond from any insurance company licensed to issue such a surety bond in the State of Florida and approved by the City (as of the date hereof only Capital Guaranty Insurance Company has been so approved) and submitted to the City prior to the opening of the bids, identifying each bidder whose deposit is guaranteed by the rmandal Surety Bond, which shaD evidence good faitb on the part of the bidder. If a check is delivered the check of the successful bidder may be cashed by the City and the proceeds will be held as security for performance of the bid. If a rlDancial Surety Bond is provided by the successful bidder the good faith deposit shall be delivered by wire transfer to the City by 3:00 p.m. on the next business day. If the Successful Bidder shall fail to r.omply promptly with the terms of its Proposal, the amount of such check or wire will be forfeited to said payee as liquidated damages. The checks of unsuccessful bidders will be returned to such bidders by registered mail at the addresses stated in their Proposals, or delivered to a representative of such bidder immediately after the award of the Series 1996 Bonds to the Successful Bidder. The proceeds of the good faith check of the Successful Bidder wiD be applied to the payment of the purchase price of the Series 1996A Bonds and of the Refunding Bonds, as applicable. Prior to the delivery of the Series 1996 Bonds, the City may cash and invest the proceeds from the good faith check. No interest will be paid to any bidder upon any good faith check. .Preliminary, subject to change. 6 Delivery and Paymeat It is anticipated that the Series 1996 Bonds in book entry only form will be available for delivery on July 16, 1996 in New York, New York, at The Depo6itory Trust Company, or some other date and place to be mutually agreed upon by the Successful Bidder and the City avinst the payment of the purchase price therefor including accrued interest calculated on a 360-day year basis, less the amount of the good faith check, in imme.diately available Federal Reserve funds without cost to the City. Closlna Documents The City will furnish to the Successful Bidder upon delivery of the Series 1996 Bonds the following dosing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation certificate; (2) federal tax certificate; (3) certificate regarding information in the Official Statement; and (4) seller's receipt as to payment. A copy of the transcript of the proceedings authorizing the Series 1996 Bonds will be delivered to the Successful Bidder of the Series 1996 Bonds upon request. Copies of the form of such closing papers and certificates may be obtained from the City. Information Statement Section 218.38(1)(b)1, Florida Statutes requires that the City file, within 120 days after delivery of the Series 1996 Bonds, an information statement with the Division of Bond F'lDance of the State of Florida (the -Division-) containing the following information: (a) the name and address of the managing underwriter, if any, connected with the Series 1996 Bonds; (b) the name and address of any attorney or financial consultant who advised the City with respect to the Series 1996 Bonds; and (c) any fee, bonus, or gratuity paid, in connection with the bond issue, by an underwriter br financial consultant to any person not regularly employed or engaged by such underwriter or consultant and (d) any other fee paid by the City with respect to the Series 1996 Bonds, including any fee paid to attorneys or financial consultants. The Successful Bidder will be required to deliver to the City at or prior to the time of delivery of the Series 1996 Bonds, a statement signed by an authorized officer containing the same information mentioned in (a) and (e) above. The Sucussful Bidder shall also be required, at or prior to the delivery of the Series 1996 Bonds, to furnish the City with such information concerning the initial prices at which a substantial amount of the Series 1996 Bonds of each maturity were sold to the public as the City shall reasonably request. Pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended, a truth-in-bonding statement will be required from each bidder as to the Series 1996A Bonds as part of their bid in the foDowing form: "The City of Clearwater, Florida, is proposing to issue $8,695,000. original aggregate principal amount of Gas System Revenue Bonds, Series 1996A, for the purpose of (i) financing capital projects for the City's Gas System, (ii) funding a reserve account within the reserve fund or purchasing a surety, and (ill) paying the costs of issuing the Series 1996A Bonds, all as further described in Ordinance No. 5665-94. The final maturity date of the Series 1996A Bonds is , and the Series 1996A Bonds are expected to be repaid over a period of U years. At a forecasted average interest rate of _ % per annum, total interest paid over the life of the Series 1996A Bonds will be $ . The source of repayment or security for this proposal is the City's pledged funds, including the Net Revenues of its Gas System (as dermed in the Ordinance) and moneys and investments held in the funds created under the said Ordinance. Authorizing the Series 1996A Bonds will result in $ not being available to finance the other gas services of the City. .Preliminary, subject to change. 7 This lruth-in-bonding statement prepared pursuant to Sedion 218.385(2) and (3) of the Plocida Statut(",s, as amended, is for informational purposes only and shall not affect or control the actual terms and conditions of the Series 1996A Bonds.- Pursuant to Section 218.385(2) and (3) of the F10rida Statutes, as amended, a truth-in-bonding statement will be required from each bidder as to the Refunding Bonds as part of their bid in the following form: "The City of Clearwater. Florida, is proposing to issue $6,445.000. original aggregate principal amount of Gas System Revenue Refunding Bonds. Series 1996B, for the purpose of (i) refunding a portion of the outstanding principal amount of the City's Gas System Revenue Bonds, Series 1991. (ii) funding a reserve account within the reserve fund or purchasing a surety. and (ill) paying the costs of issuing the Series 1996B Bonds, all as further described in Ordinance No. 6030-96. The fmal maturity date of the Series 19968 Bonds is _, and the Series 1996B Bonds are expected to be repaid over a period of U years. At a forecasted average interest rate of _ % per annum, total interest paid over the life of the Series 19968 Bonds will be S . The source of repayment or security for this proposal is the City's Pledged Funds, including the Net Revenues of its Gas System (as defined in the Ordinance) and moneys and investments held in the funds created under the said Ordinance. Authorizing the Series 1996B Bonds will result in $ not being available to finance the other gas services of the City. This truth-in-bonding statement prepared pursuant to Section 218.385(2) and (3) of the Plorida Statutes. as amended, is for informational purposes only and shall not affect or control the actual terms and conditions of the Series 1996B Bonds.- In the event the Successful Bidder for the Series 1996A Bonds and the Refunding Bonds are the same person(s), the above truth-in-bonding statement may be combined into one statement. lepJ Opinion The Successful Bidder will be furnished. without cost, with the approving opinion of Bry8J14 Miller and Olive, P A, Tallahassee. Florida, to the effect that based on existing law, and assuming compliance by the City with certain covenants and requirements of the Internal Revenue Code of 1986, as amended (the MCode), regarding use, expenditures. investment of proceeds and the timely payment of certain investment earnings to the United States Treasury, the interest on the Series 1996 Bonds is not includable in the gross income of individuals, however, interest on the Series 1996 Bonds will be included in the calculation of the alternative minimum tax and environmental tax liabilities of corporations. The Code contains other provisions that could result in tax consequences, upon which Bond Counsel renders no opinion, as a result of ownership of the Series 1996 Bonds or the inclusion in certain computations (including, without limitation, those related to the corporate alternative minimum tax and environmental tax) of interest that is excluded from gross income. OftIdaI Statement The Preliminary Official Statement, copies of which may be obtained as described below, is in a form -deemed final" by the City for purposes of SEC Rule 15c2-12(b)(1) (except for certain permitted omissioDS as described in such rule) but is subject to revision, amendment and completion in a final Official Statement. Upon the sale of the Series 1996 Bonds, tbe City will publish a final Official Statement in substantially the same form as the Preliminary Official Statement. Copies of the final Official Statement will be provided. at the City's expense. on a timely basis in such quantities as may be necessary for the Successful Bidder's regulatory compliance. 8 It is not the intention or the expectation of the City to print the name(s) of the Successful Bidder as to either the Series 1996A Bonds or the Refunding Bonds on the cover of the Official Statement. ConUnulq tlJsl2Sn~ The City has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of the Seauities and Exchange Commission. See .Appendix D -- Summary of Continuing Disclosure Certificate. attached to the Preliminary Official Statement. CUSIP NUID~r It is anticipated that CUSIP identification numbers will be printed on the Series 1996 Bonds, but neither the failure to print such number on any Series 1996 Bonds nor any error with respect thereto shall constitute cause for failure or refusal by the Successful Bidder to accept delivery of and pay for the Series 1996 Bonds in accordance with its agreement to purchase the Series 1996 Bonds. All expenses in relation to the printing of CUSIP numbers on the Series 1996 Bonds shall be paid for by the City; provided, however. that the CUSIP Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by the Successful Bidder. Copies or Documents Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the Official Bid Form and further information which may be desired, may be obtained from the City's Financial Advisor. Raymond James & Associates, Inc.. 880 Carillon Parkway. St. Petersburg. Florida 33716, telephone (813) 573-8282. Amendment aDd Notices Amendments hereto and notices. if any, pertaining to this offering shall be made by the Munifacts News Service or similar information distnoution service. CITY OF CLEARWATER, FLORIDA /s/ Rita J. Garvey Mayor-Commi~ioner 9 '. 1-. -." . ." ".' ".-:' EXHIBIT B FORM OF SUMMARY NOTICE OF SALE I ,. : I !.. " . :co, ,.;.', I Resolution No. 96-44 'l :J , .\ ., ~1' ..;. StJlDlARy NOTICE or SALB $8,695,000* CITY OF CLBARWATBR, :rLORIDA GaB systea Revenue Bonds seri.. 1996A and $6,445,000* CITY OF CLBnWATBR, FLORIDA Gas system Revenue Rerundinq Bonds series 19968 Sealed bids will be received by the Finance Director of the city of Clearwater, Florida, at the office of the Finance Director, 100 South Myrtle Avenue, Clearwater, Florida 34616, subject to the provisions of the Official Notice of Bond Sale. Sale Date: June 27, 1996 Time: 11:00 a.m., E.D.S.T. Bonds Dated: July 1, 1996 Payable September 1 in the years and amounts as follows: Maturities: series 1996A Bonds Due Principal Due Principal (September 1) Amount * (September 1) Amount * 1996 $ 2012 $ 135,000 1997 65,000 2013 155,000 1998 65,000 2014 265,000 1999 70,000 2015 285,000 2000 80,000 2016 300,000 2001 75,000 2017 310,000 2002 80,000 2018 335,000 2003 85,000 2019 350,000 2004 95,000 2020 365,000 2005 90,000 2021 390,000 2006 95,000 2022 410,000 2007 105,000 2023 430,000 2008 110,000 2024 460,000 2009 115,000 2025 1,520,000 2010 120,000 2026 1,610,000 2011 125,000 *preliminary, subject to change. series 1996B Bond. Due Principal Due Principal (Septemper 1) Amount. (September 1) Amount. 1996 $ 10,000 2005 $415,000 1997 25,000 2006 435,000 1998 25,000 2007 455,000 1999 25,000 2008 475,000 2000 325,000 2009 500,000 2001 345,000 2010 530,000 2002 360,000 2011 555,000 2003 375,000 2012 590,000 2004 390,000 2013 610,000 Interest Payment Oates: Payable September 1 and March 1, commencing September 1, 1996. Legal Opinion: Bryant, Miller and Olive, P.A., Tallahassee, Florida For copies of the Official Notice of Bond Sale, the Preliminary Official Statement of the City of Clearwater, Florida, and official Proposal Form, please contact the Financial Advisor, Raymond James & Associates, Inc., 880 Carillon Parkway, st. Petersburq, Florida 33716, telephone (813) 573-8282. EXHIBIT C FORM OF BID PROPOSAL FOR SERIES 1996A BONDS :. . I I I I I . I I \ I I i I I I ! , i I I I Resolution No. 96-44 ... .. PROPOSAL FOR SS,69S,OOO · CITY OF CLEARWATER, FWRJDA GAS SYSTEM REVENUE BONDS, SERIES 1996A FInance Director Municipal Services Building 100 South Myrtle Avenue, Third Aoor Clearwater, Florida 34616 Ladies and Gentlemen: For the City of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A (the -Series 1996A Bonds-), dated July 1, 1996 and maturing on September ~ _ through September 1, _, in the principal amount of $8,695,000., described in the Official Notice of Bond Sale, which is hereby made a part of this Proposal, we will pay you in immediately available federal reserve funds (not less than $ Doll~ ) -), plus accrued interest to the date of delivery of the Series 1996A Bonds. We understand that the Series 1996A Bonds will be insured by . The insurance premium will be paid by the City from proceeds of the Series 1996A Bonds. Said Series 1996A Bonds shall bear interest at the rates and shall be reoffered at prices or yields specified below. Principal Interest Price Principal Interest Price Maturity Amount. Rate or Yield Marurity Amount- Rate or Yield 1996 $ - 2012 $ 135,000 1997 65,000 2013 155,000 1998 65,000 2014 265,000 1999 70,000 2015 285,000 2000 80,000 2016 300,000 2001 75,000 2017 310,000 2002 80,000 2018 335,000 2003 85,000 2019 350,000 2004 95,000 2020 365,000 2005 90,000 2021 390,000 2006 95,000 2022 410,000 1iX17 105,000 2023 430,000 2008 110,000 2024 460,000 2009 115,000 2025 1,520,000 2010 120,000 2026 1,610,000 2011 125,000 Tenn Bonds Option. The interest rate or reoffering price or yield for any Term Bonds shall be indicated in the table above only in the year of final maturity. The annual Principal Amounts so indicated shall be applied for the mandatory retirement of one or more Term Bonds maturing in the years and amounts and bearing interest as follows: · Prclimina~ subject to chanie as stated in Official Noti~ of Sale. s s s s s Term Bonds maturing on Term Bonds maturing on Term Bonds maturing on Term Bonds maturing on Term Bonds maturing on 1, _ at 1,_at 1,_at l,_at 1,_8t % per annum at a price or yield of _' % per annum at a price or yield of _' % per annum at a price or }'ield of . % per annum at a price or yield of-. % per annum at a price or yield of =. We will accept delivery of said Series 1996A Bonds through The Depository Trust Company, with the closing occurring at the office of the rmance Director of the City of Clearwater, 100 South Myrtle Avenue, Clearwater, f10rida 34616 on or about July 16,1996, unless another date or place sball be mutually agreed upon, it being understood that tbe City sball furnish to us, free of charge at the time of delivery of said Series 1996A Bonds, the opinion of Bryant, Miller and Olive, P A., Bond Counse~ Tallahassee, Aorida, approving the validity tbereof. In accordance with the Official Notice of Bond Sale, we either (i) enclose herewith a Cashier's or Certified Check for $86,950 payable to the order of the City of Clearwater, Aorida, to be returned to the undersigned upon the award of said Series 1996A Bonds provided this Proposal is not accepted, or (ii> provided for a rmancial Surety Bond in accordance with the Official Notice of Sale. The check is to be cashed and the amount of the check or wire retained by the City until the delivery of said Series 1996A Bonds and payment therefor, and is to be applied to the payment of the Series 1996A Bonds or retained as and for liquidated damages in case of the failure of the undersigned to make payment as agreed. This proposal is not subject to any conditions not expressly stated herein or in the annexed Official Notice of Bond Sale. Receipt of the Preliminary Official Statement relating to the Series 1996A Bonds is hereby acknowledged. The names of the underwriters or members of the account or joint bidding accounts, if any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. Name of Firm Address By: Name: Title: City State Zip Telephone Number The following is our computation made in accordance with the Official Notice of Bond Sale of the true interest cost to the City of Clearwater, Florida, under terms of our Proposal for Series 1996A Bonds, which is for informational purposes only and is subject to verification prior to award: 2 Par Amount $ Less Original Issue Discount $ Plus Original Issue Premium $ Less Underwriter's Discount $ Amount Bid Before Accrued Interest · $ Less Bond Insurance Premium $ Bid $ Accrued Interest $ True Interest Cost Rate (To July 16, 1996) % The following trulh-in-bonding statement is required to be completed in compliance with Section 218.385, Florida Statutes: The City of Clearwater, Florida is proposing to issue $8,695,000.. original aggregate principal amount of Gas System Revenue Bonds, Series 1996A for the purpose of (i) financing capital projects for the City's Gas System, <ii> funding a reserve subaccount within the reserve fund or purchasing a surety bond, and (ill) paying the costs of issuing the Series 1996A Bonds, all as further described in Ordinance No. 5665-94. The final maturity date of the Series 1996A Bonds is 1, 20--, and the Series 1996A Bonds are expected to be repaid over a period of U years. At a forecasted average interest rate of _ % per annum, total interest paid over the life of the Series 1996A Bonds will be $ . The source of repayment or security for this proposal is the City's pledged funds, including the Net Revenues of its Gas System (as defined in the Ordinance) and moneys and investments held in the funds created under said Ordinances. Authorizing the Series 1996A Bonds wiD result in $ not being available to finance the other gas services of the City. This truth-in-bonding statement prepared pursuant to Section 218.385(2) and (3) of the Florida Statute~ as amended, is for informational purposes only and shall not affect or control the actual terms and conditions of the Series 1996A Bonds. (No addition or alteration is to be made to this Official Bid Form, and it must be submitted with the Official Notice of Bond Sale.) Receipt for the return of the good faith check is hereby acknowledged. By: · Amount bid should match price bid on page 1 of this proposal "PrelimiDaJy. suQjecl to ChlUlie. 3 . . '. . . '. , - . j . . , . . . . . I ~ . . '. EXHIBIT D FORM OF BID PROPOSAL FOR REFUNDING BONDS :: I I' ,. c' 'e' , I( , ii" :~[, ;' ,,: '. "'.. ...., .(, ~:.. \' ,; , :.'\.... >,:' i, ~ '. -r' : Resolution No. 96-44 . - PROPOSAL FOR $6,445,000* CllY OF CLEARWATER, FWRJDA GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 19968 F'mance Director Municipal Services Building 100 South Myrtle Avenue, Third Aoor Oearwater, Florida 34616 Ladies and Gentlemen: For the City of Clearwater, Aorida, Gas System Revenue Refunding Bonds, Series 1996B (the "Series 19968 Bonds-), dated July 1, 1996 and maturing on September 1, _ through September 1, ---J in the principal amount of $6.445,000., described in the Official Notice of Bond Sale, which is hereby made a part of this Proposal, we will pay you in immediately available federal reserve funds ($ 1996B Bonds. ) (not less than S Dollars .), plus accrued interest to the date of delivery of the Series We understand that the Series 19968 Bonds will be insured by . The insurance premium will be paid by the City from proceeds of the Series 1996A Bonds. Said Series 19968 Bonds shall bear interest at the rates and shall be reoffered at prices or yields specified below. Principal Interest Price Principal Interest Price Maturi~ Amount- Rate or Yield Maturity Amount · Rate or Yield 1996 $ 10,000 2005 $415,000 1997 25,000 2006 435,000 1998 25,000 7JXJ7 455,000 1999 25,000 2008 475,000 2(XK) 325,000 2009 500,000 2001 345,000 2010 530,000 2002 360,000 2011 555,000 2003 375,000 2012 590,000 2004 390,000 2013 610,000 Term Bonds Option. The interest rate or reoffering price or yield for any Term Bonds shall be indicated in the table above only in the year of final maturity. The annual Principal Amounts so indicated shall be applied for the mandatory retirement of one or more Term Bonds maturing in the years and amounts and bearing interest as foUows: $ $ $ $ $ Term Bonds maturing on Term Bonds maturing on Term Bonds maturing on Term Bonds maturing on Term Bonds maturing on 1, _ at % per annum at a price or yield of _' 1, _ at % per annum at a price or yield of _' 1, _ at % per annum at a price or yield of _' 1, _ at __ % per annum at a price or yield of _' 1, _ at % per annum at a price or yield of _' · Preliminary. subject to chan~e as stated in Official Notice of Sale. We will accept delivery of said Series 1996B Bonds through The Depository Trust Company, with the closing occurring at the office of tbe rlllance Director of the City of Clearwater, 112 South Osceola Avenue, Clearwater, P10rida 34616 on or about July 16, 1996, unless another date or place shall be mutually agreed upon, it being understood that the City shall furnish to us, free of charge at the time of delivery of said Series 1996B Bonds, the opinion of Bryant, Miller and Olive, P A., Bond Counse~ Tallahassee, Ftorida, approving the validity thereof. In accordance with the Official Notice of Bond Sale, we enclose herewith either (i) a Cashier's or Certified Checlc for $64,450 payable to the order of the City of Clearwater, Aorida, to be returned to the undersigned upon the award of said Series 1996B Bonds provided this Proposal is not accepted, or (ii) provided for a rmancial Surety Bond in accordance with the Official Notice of Sale. The check is to be cashed and the amount of the check or wire retained by the City until the delivery of said Series 1996B Bonds and payment therefor, and is to be applied to the payment of the Series 1996B Bonds or retained as and for liquidated damages in case of the failure of the undersigned to make payment as agreed. This proposal is not subject. to any conditions not expressly stated herein or in tbe annexed Official Notice of Bond Sale. Receipt of the Pre1iminaI)' Official Statement relating to these Series 1996B Bonds is hereby acknowledged. Tbe names of the underwriters or members of the account or joint bidding accounts, if any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto. Name of rum Address By: Name: Title: City State Zip Telephone Number The following is our computation made in accordance with the Official Notice of Bond Sale of the true interest cost to the City of Clearwater, Florida, under terms of our Proposal for Series 1996B Bonds, which is for informational purposes only and is subject to verification prior to award: 2 Par Amount S Less Original Issue Discount S Plus Original Issue Premium S Less Underwriter's Discount $ Amount Bid Before Accrued Interest · $ Less Bond Insurance Premium S Bid S Accrued Interest S True Interest Cost Rate (To July 16, 19(6) % The following truth-in-bonding statement is required to be completed in compliance with Section 218.385, f10rida Statutes: The City of Clearwater, Aorida is proposing to issue $ .. original aggregate principal amount of Gas System Revenue Refunding Bonds, Series 1996B for the purpose of (i) refunding a portion of the outstanding principal amount of the City's Gas System Revenue Bonds, Series 1991, (ii) funding a reserve subaccount in the reserve fund or purchase a surety bond (net of amount transferred from refunded bonds), and (ill) paying the costs of issuing the Series 1996B Bonds, all as further described in Ordinance No. _-96. The final maturity date of the Series 1996B Bonds is 1, 20_, and the Series 1996B Bonds are expected to be repaid over a period of U years. At a forecasted average interest rate of _ % per annum, total interest paid over the life of the Series 1996B Bonds will be $ . The source of repayment or security for this proposal is the City's pledged funds, including the Net Revenues of its Gas System (as defined in the Ordinance) and moneys and investments held in the funds created under the Ordinance. Authorizing the Series 1996B Bonds will result in $ not being available to finance the other gas services of the City. This truth-in-bonding statement prepared pursuant to Section 218.385(2) and (3) of the Ftorida Statutes, as amended, is for informational purposes only and shall not affect or control the actual terms and conditions of the Series 1996B Bonds. ; \ I ! 1 I i ! (No addition or alteration is to be made to this Official Bid Form, and it must be submitted with the Official Notice of Bond Sale.) Receipt for the return of the good faith check is hereby acknowledged. By: · Amount bid should match price bid on page 1 of this proposal · .Preliminary. subject to change. 3 ". ~" " EXHIBIT E FORM OF DTC LETTER OF REPRESENTATION " - ~. ,. t_ , , ,', ! j ! I 1 I I i I I ! I I . i ! i I 1 I I I "" ,",- ,~ ' , ,Ii.' " I- i " {.) " t~., <.,,; {- t ;'c Resolution No. 96-44 " :,{ .- } 11 Blanket Issuer Letter of Representations IT 0 be Completed by Issuer) [Name ofIssuer) [Date) Attention: Underwriting Department - Eligibility The Depository Trost Company 55 Water Street; 50th Floor New York, NY 10041-0099 Ladies and Gentlemen: This letter sets forth our understanding with respect to all issues (the "Securities") that Issuer shall request be made eligible for deposit.by The Depository Trust Company ("DTC"). To induce DTC to accept the Securities as eligible for deposit at DTC. and to act in accordance with DTCs Rules with respect to the Securities, Issuer represents to DTC that Issuer will comply with the requirements stated. in DTC's Operational Arrangements. as they may be amended from time to time. Note: Schedule A contains statements that DTC believes accurately describe DTC, the method of effecting book. entIv transfers of securities distributed through ore. and ce..wn related matters. Very truly yours, (Issuer) By: (Authorized Officer's Signature) Received and Accepted: O'ypewrite Name & litle) THE DEPOSITORY TRUST COMPANY (Street Address) By: (Oty) (Sblte) (Zip) (Pbone Number) ~: ,'. '. -:, ;; .r 1, ;1 . . ,. . . , . ' , .' . ' . . " Ji'l" ~ -.. ~ .' . -, ..to'.., ,...~. ., . , " . ~..' ".' ; ..... '-. EXHIBIT F PRELIMINARY OFFICIAL STATEMENT \ i I I I' t' I I ! I L i \ I Resolution No. 96-44 .f JJ :1 i ',> .~ iii ..."..- ! - - .- \-- _.--..- .--- , - --< - --'-.'- - - -" NEW ISSUE BOOK-ENTRY 01'\'L Y ... . '" RDtin~~: Moody's: Standard & Poor's: [lnsurerJ Insured (See -Ratings- beniD) In 1M opiniOft oj Bond CoUlUtl U1'Itkr exlsdng laws. ~gulalion.s and judicial decisions inurest 011 1M Series /996 Bonds is exclwkdfrom gross income Jor purposes ofjtderrJl incm1e laXazim and the Stria 1996 Bonds are c:urnplJrom all priStnt intMglblt penoruJI propeny UlXtS imposed punuanl JO OuJpur 199. Florida Slatu/es. See, hmwwr -Teu Eumprion - herdnJor a description of ctrt4infedtral minimum and othu special taxes thaJ may afftCI the laX malmenl oJinurest on the Series 1996 Bonds. CITY OF CLEARWATER, FLORIDA $8,500,000* Gas System Revenue Refunding Bonds Series 1996B Due: September 1, as shown below $9,750,000* Gas System Revenue Bonds Series 1996A Dated: July 1, 1996 The city ofo.:.w.&cr. Florida. au Syatt:m Rcvczwc Booda, Sene. 199M (the 'Scries 199M Booda') aDd 0.. Syac:m RcvCG~ Ref\lJldm, Booda, Series 1996B (the 'Sene. 19968 Boacbj (the 199M BoodI aDd 1996B BoodI arc berciDaJ\errderTCd to colJectjvely u the 'Series 1996 Booda.) arc bem, iuucd ill the form of fully recUlc:red bood. and will be ilUtaUy iIIued 10 aDd rqWtercd in 1be DaIDoC of Cede de Co,. .. ~,C". for The Depository Truat Compmy, NeN York. New York ('Dre.). which will r.ct u aecwitial d~itory for !be Scrica 1996 Booda. 'The Scrica 1996 Booda will be available to purcbucra in principal dcnominationa of S5.000 aDd iAlqnJ multiplet thereof UDder the book-entry lI)'ltc:m maintained by DTC b-ou,b broken &Dd dcaJera who are, or kt throuah, Dle Puticipanb, Purchuen will not receive pby.icaJ delivery of the Sene. 1996 Bouh. For 10 Ion, u any purchuer . !be bcDcfic:iIl 0IIIllCf of. Sc:ric:a 1996 Bocd, be mu.t maintain aD account with a broker or dealer who U, or acta tbrouab, a DTC Participant in order \0 receive ~ymcnt of principIJ of &Dd ~ ClIS IUCh Sctic:e 1996 Bood. For 10 Ioai u the book-entry .yltc:ul . ill effect any refen:uce to . Boodholder or Boodholden ahall be dccmcd to be Cede de Co, and DOt the beneficial 0WDf:n oUreScria 1996 Bouh. See .Book-Eotry Only Syltem. UDdet' .DESCRImON OF TIlE SERIES 1996 BONDS,. Intereal OIl the Serict 1996 Bood.a U payable acmi-annua1ly, c.-._.~m, Scpumbcr 1. 1996, aDd each March 1 aod Scptcnbcr 1 thereafter. Firat Union N.tional Bank of Florida, Jackaooville. Florida. will kt u Payin, A,ent with rrapc:ct to the Scrica 1996 Booda. 11ae Scrim 1"' Rood. are IUbject to optional Uld mancl.lory IIinking fund ndemptloll prior to their .,bd maturity WIder the tenD.I aDd couditloll.l deecribed herein. The Scric:a 1996A Boodt will be iuucd by the City of Clearwater, Florida (the .City.) to (i) fll1llllCe the coetI of certain additiooa, elttc:na-iooa. .upplemcob or replaccmCOb of !be eDtioc..1Y*m 0WDCd and operated by the City (the .Syatcm-) ....ithin PineUu and Puco County, Florid. (the -19%A Project.); (iO make a d~it to, or purcbuc a rcacrve fuDd -ar for. depoait ill Ibc Rt.erve Account for the 1996A Booda in the Sinkin, Fund to ..tiafy the Rc.erve Requiremalt; aDd (iii) pey the COlIta of D.uaocc of the Seriea 1996A Bood.. The SeriClIl9968 Bood.t will be iHued by lbe City of Clcarwater, Florida (the 'City.) to (i) advance refund a portion of the City'. outatandm, $7,680.000 Gu Syatc:m Rcvcoue Bonda. Serial 1991 (tbe 'Rcluodcd Boodt'); (ii) make a dep<>>it to, or purcbuc a reaerve fund aurety for, depoeil in the RelICI'Ve Account for the Seriea 1996B Booda in lhe Sinking Fund to aati.fy the be1uc:e of the Reeerve Requirement for the 19968 Bonda net of the amount lraMferTCd from lhe Refunded BoodJ; aDd (iii) pay the coeta of laauancc of lhe Serial 19968 Bonds. The Scric:a 1996 Boada are tmiItd oblipIiooe oftbe City, r-yable IOleJy from the Net RcvCllua derived from the opc~tioa of the Sy.tc:m, .. provided in Ordinance No. 5565-94 of Ibc City aod ill OnIiDance No. 5118-91 of the City (the .Oriainal Onlinance.), u amended IIIld lupplemen1cd by Ordinance No. 6030.96 .. aupp1cmented by reaolutioDl of the City. 1K Scrica 1996 Bocda aod the ioIcnIIl1bcftal aid DOt be.oo abaI1 DOt cooatil11tc: an indebtcdneu of the City or of the State of Florida or any politicaJ IUbdiviaion thereof within the mcaoin& 01 my OlmcitlaOoo.l.lIIlIIu&ory. cbar1er or ocbet &nDboa ofixlebtedneu, and ndlher the full faith aDd credit nor the taxin& powen of the State of Florid. or the City are pledged u ac:curity for Ibc py1DCIIl of lbc ~ of. I'Cldcmpioo premium, if' any. or intc::reat 00 the Series 1996 Bond. aDd DO bolder or bolden of any Serial 1996 Bond. .hall ever have the right to compel Ibc exercilc of the ad valorem taxin& powers of the City, or taxation in any form of aD)' real propeJ1)' therein to JllIY the Sene. 1996 Bond.l or 1be intereat thereon. lheSerica 1996 Boada will be OD a parity and rank equally, .. 10 lien 00 and lOWCe and ICCUril)' for JllIyma1t from the Nd Revenues and in all other reapecU. with lhe City'. 0.. System Revc:aue Boodt. Serial 1991 wb.kb arc DOt refunded wilh lhe proceed. of the 1996B Bonda and wilb the City'. G.. Sy.tcm Revenue Bondi, Serial 1994A. Paymeot or tbe priDcipal or aDd interest on the Series 1996 Booda will be guaranteed under a poliey or lDunicipal boDd iluuruce to be iMued simultaneously with tbe cWiYery ortbe Series 1996 Bonda bYI [lnaurer Log oJ For a cIi8eua.ioD or tbe terma aDd prori.aiooa or.uc:.h poUey, incJudina tbe limitaLioll.l, _ w~fUN]CIPAL BOND INStJRANCEw herein. 1biI 0C1Ya pace CIOI:IIaD oertaio information for quick refel't:Dce only. It it not a aummary of lhe iuue. lnveaton mUlt read the entire OfrlCial Statc:mcot to obtain information ~ to matm. ID informed invcatmCDt ded.ioo, MATURITIES. MIOUNTS.INTEREST RATE5. PRICES. AND V1F1 n Maturity PriDdpal AIIwIIIl :llilll bterelll Rate ~ Sc:aJcd baa fOC' the Series 1996 Booda wiI1 be received at 100 South Myrtle Avenue, Clearw.ter, Florida. until 11:00 A,M, (C\earwalc:r, Florida tUne) on June 27, 1996. Please mer to tbe Official Notice of Sale dated JUDe ( ). 1996 whicb outlines the tenu and conditiODl for the .ubmiaaioa of ofTen to pur:bue the Sene. 1996 Bond., The Seriea 1996 Bonda will be alTered when, .. and if i.sued and delivered to the UndcrwritcrI, .ubject to approval of Bryant, Miller and Olivc, P.A., Ta1lahuIcc, FloridI, Bond Counsel to the City. and certain other conditions. Certain legal matters will be pused on for the City by its City Attorney, Pamela K, Akin, &quire and p di.clolurc C<lW\scl, Nabors, Giblin & Nickerson, P.A., Tampa, Florida. It is expccted that the Serics 1996 Bonds in definilive fonn will be available for delive!)' in New York, New York, on or about July 16, 1996. Dated: June, 1996 · Preliminary , subject to change, .... - i ~ -- -- -- ~ .~ ,~, - - ~., ~ t', . , CITY COMMISSION W~{':;';':'" ". . ' ,. " CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue Clearwater, Florida 34616 Rita Garvey, Mayor-Commissioner John B. Johnson, Jr. Commissioner Ed Hooper, Commissioner Robert Clark, Commissioner Karen Seel, Commissioner CITY OFFICIAI..S Elizabeth Deptula, City Manager Margaret Simmons, CPA, Finance Director Cynthia E. Goudeau, City Clerk Charles S. Warrington, Jr., Managing Director & Executive Officer, Clearwater Gas System CITY ATTORNEY Pamela K. Akin, Esquire BOND COUNSEL Bryant, Miller and Olive, P.A. Tallahassee, Florida DISCLOSURE COUNSEL TO THE CITY Nabors, Giblin & Nickerson, P.A. Tampa, Florida FINANCIAL ADVISOR Raymond James & Associates, Inc. St. Petersburg, Florida .... '-.:r --, ~~ - .~.h_ ---.. . No dealer, broker, salesperson or other person has been authorized by the City to give any infonnation or to make any representations other than as contained herein, and, if given or made, such infonnation or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement is not to be construed as a contract with the purchasers of the Series 1996 Bonds. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 1996 Bonds by any person to make such offer, solicitation or sale. The information set forth herein has been obtained from the City, [Insurer], public documents, records and other sources which are believed to be reliable but is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation of the City with respect to information provided by [Insurer]. The information and expressions of opinion stated herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall create, under any circumstances, any implication that there has been no change in the affairs of the City since the date hereof or the earliest date as of which such information is given. II IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 1996 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAYBE DISCONTINUED AT ANY TIME. All summaries herein of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries herein of the Series 1996 Bonds are qualified in their entirety by reference to the form thereof included in the aforesaid documents and agreements. NO REGISTRATION STATEMENT RELATING TO THE SERIES 1996 BONDS HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITI1 ANY STATE SECURITIES COMMISSION. THE SERIES 1996 BONDS HA VB NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES COMMISSION, NOR HAS THE COMMISSION OR ANY STATE SECURITIES COMMlSSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. 1 ... , - ---- ...-._--~... --,-," --.,..--.- .J- . ....~ . . Page " - TABLE OF CONIENIS. INTRODUCTION ............. .........,........................1 PURPOSES OF SERIES 1996 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SERIES 1996A PROJECT .................... .. ..... .......... .....2 PLAN OF REFUNDING FROM SERIES 1996B BONDS . . . . . . . . . . . . . . . . . . . . . . 3 ESTIMATED SOURCES AND USES OF FUNDS .......................... 3 DESCRIPTION OF THE SERIES 1996 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 General ........... Book-En!ry Only System Redemption ProvisIons . . . . . . Notice of Redemption . . . . . . . . 4 4 6 8 ....... . . . . . . . . . . . . . . . . . . . . . SOURCE OF PA YMENT A~'l) SECURITY FOR THE SERIES 1996 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 General .......... Reserve Account . . . . 8 9 FLOW OF FUNDS ...... ..... .............. .... ..... ..... ...... 10 Establishment of Funds and Accounts Priority of Flow of Funds . . . . . . . . .......... 10 10 COVENANTS . . . . . ........................................... . 12 Rate Covenant .......... Additional Parity Obligations . . . . . . ..... . . . . , ..... Operation and Maintenance . . . . . . "Operating Budget ....... . . . . . . . . Annual Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Mortgage or Sale of the System . . . . . . . . . . . . . . . . . . . . No Free Service . . . . . . . . . . . . . . . . . Enforcement of Collections . . . . . . . . No com~ting System .. . . . . . . . . . . . . . ..... Unlawfu Connection Prohibited . . . . . Amendment of the Ordinance . . . . . . . . ..... 12 12 13 13 13 13 14 15 15 15 15 THE SYSTEM ........ .... ..... .......... ... ...... .... ..... ... 16 Physical Description Management ..... Gas Supply ... . . . Rates, Fees and Charges Service Area .. . . . . . Clearwater Gas Strategic Plan .......... 16 16 18 18 19 21 ..... I" ..... ..1 ...... ..... ... . . . . . . . . 11 '-. r - .. _.' .:n - -, , - Future Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Pasco County Territorial Dispute ................................ 22 Environmental Remediation Costs; Environmental Imposition Rate Adjustment . . . 22 . ,11-',.' , "Lot.' >. ~.' ,", . MUNICIPAL BOND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 THE CITY AND PINELLAS COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 COMBINED DEBT SERVICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 24 mSTORICAL COVERAGE OF MAXIMUM DEBT SERVICE BY THE SYSTEM ~T 'REVENU'ES ...... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 25 RA TIN'GS ................................................... 25 LEGALITY ............. '. . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . 25 TAX EXE.M~ON .................................................... 2S UNDERWRITING .. . . .. .. . .. . .. . . . . .. . . . . . . . . . . . . .. .. .. .. . . . .. . . . . . .. .. . . . .. . 27 INVESTMENT POLICY OF THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 V ALIDA nON ............................................................. 28 ENFORCEABILITY OF REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . ; . 28 LmGA nON .. .. . . .. .. .. .. .. .. . .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 GENERAL PURPOSE FINANCIAL STATEMENTS. . . . . . . . . . . . . . . . . . . . . . . . 29 FIN'ANCIAL ADVISOR .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ADVISORS AND CONSULTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 30 iii -. - . ~ ~--- --~- ~ - ---~_. .~. . , f. " ' ~);',,~t_l.. "~':.":'_;.;.. .~'" .... ".. . , ... APPENDIX A -- APPENDIX B -- APPENDIX C - APPENDIX D -- APPENDIX E -- APPENDIX F -- APPENDIX G -- GENERAL INFORMATION RELATING TO THE CITY OF CLEARWATER, FLORIDA EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1995 SUMMARY OF CERTAIN PROVISIONS OF TH'E ORDINANCE FORM OF CONTINUING DISCLOSURE CERTIFICATE FORM OF BOND COUNSEL OPINION SPECIMEN BOND INSURANCE POLICY SCHEDULES OF RATES I l I I I ; 1 " ; , , 1 ! iv . .._ _ __ _ _ __.___~.__~. .~ ~_w_____....... _ . ,11 $9,750,000* Gas System Revenue Bonds Series 1996A $8,500,000* Gas System Revenue Refunding Bonds Series 1996B .. OFFICIAL STATEMENT INTRODUCTION The purpose of this Official Statement, which includes its cover page and certain enclosed Appendices, is to furnish information with respect to the issuance by the City of Clearwater, Florida (the "City") of its $9,750,0()(r Gas System Revenue Bonds, Series 1996A (the "Series 1996A Bonds") and its $8,500,000* Gas System Revenue Refunding Bonds, Series 1996B (the "Series 1996B Bonds") (the Series 1996A Bonds and Series 1996B Bonds are hereinafter referred to collectively as the "Series 1996 Bonds"). The Series 1996 Bonds are being issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, including Chapter 166, Part II, Flonda Statutes, as amended and supplemented, the Cit)' Charter, as amended and supplemented, and other applicable provisions of law. The Series 1996 Bonds are being issued more specifically pursuant to Ordinance No. 5118-91 enacted by the City Commission of the City (the "Commission") on August 15, 1991 (the "Original Ordinance"), which authorized the issuance of Gas System Revenue Bonds, Series 1991 (the "Series 1991 Bonds"), as supplemented by Ordinance No. 5565- 94 (the "1994 Ordinance"), which authorized the issuance of Gas System Revenue Bonds Series 1994A (the "Series 1994A Bonds") and the Series 1996A Bonds, and Ordinance No. 6030-96, authorizin~ the issuance of the Series 1996B Bonds duly enacted by the Commission on June 6, 1996 (the Series 1996B Ordinance") and as further sUJ.>plemented by a resolution adopted on June 6, 1996 (the "Authorizing Resolution") (the Origmal Ordinance, the 1994 Ordinance, the Authorizing Resolution, and the Series 1996B Ordinance are collectively referred to as the "Ordinance"). The Series 1996 Bonds are special, limited obligations of the City payable solely from the Net Revenues derived from the operation of the System, as provided in the Ordinance on a parity with the Series 1991 Bonds, of which $7,530,000 remains outstanding as of June 1, 1996 to the extent not refunded with the proceeds of the Series 1996B Bonds and the Series 1994A Bonds, of which $8,110,000 remains outstanding as of June 1, 1996 (such unrefunded portion of the Series 1991 Bonds and such Series 1994A Bonds hereinafter being referred to as the "Parity Bonds"), all as further described under the heading" Additional Parity Obligations" herein. Capitalized 'terms not otherwise defined in this Official Statement shall have the same meanings assigned to such tenns in the Summary of the Ordinance, which is set forth in Appendix "C". The description of the Series 1996 Bonds, the Ordinance, and certain statutory provisions as well as the infonnation from various reports and statements contained in this Official Statement are not comprehensive or definitive. All references to such documents, reports and statements are qualified by the actual content of such documents, reports and statements, copies of which may be obtained by contactin~ the Finance Director, City of Clearwater, Florida, 100 South Myrtle Avenue, Clearwater, Flonda 34616, or during the offering period of the Series 1996 Bonds from Raymond James & Associates, Inc., financial advisor to the City. + Preliminary, subject to change PURPOSES OF SERIES 1996 BONDS The Series 1996A Bonds are being issued by the Ci~ to (i) finance the costs of certain additions, extensions, supplements or replacements of the existing gas system owned and o~rated by the City (the "System") within Pinellas County, Florida and Pasco County, Flonda (the "1996A Project"); (ii) make a deposit to, or purchase a reserve fund surety policy for deposit in, the Reserve Account in the Sinking Fund to satisfy the Reserve Requirement for the Series 1996A Bonds; and (iii) pay the costs of issuance of the Series 1996A Bonds. The Series 1996B Bonds will be issued by the City to (i) advance refund a portion of the City's outstanding $7,680,000 Gas System Revenue Bonds, Series 1991 (the "Refunded Bonds"); (ii) make a deposit to, or purchase a reserve fund surety for deposit in, the Reserve Account in the Sinking Fund to satisfy the balance of the Reserve ReqUlrement for the Series 1996B Bonds net of the amount transferred from the Refunded Bonds; and (iii) pay the costs of issuance of the Series 1996B Bonds. SERIES 1996A PROJECT A portion of the proceeds from the sale of the Series 1996A Bonds will be utilized by the City for the additions, extensions, supplements or replacements of the existing gas system (the "System") within Pinellas County and Pasco County, Florida, for areas currently serviced by the System (the " 1996A Project"). The estimated cost of the 1996A Project is $8,510,000 which will be funded from Series 1996A Bond proceeds. The following chart shows the current components for the 1996A Project to be funded by the Series 1996A Bond proceeds, and the estimated costs of the components. Pinellas County Gas Main & Service Extensions Pinellas Improvements Pinellas Relocation Pinellas Land, Bldg.. & Equip Pasco County Gas Main & Service Extensions & LP Pasco Land, Bldg.. & Equip Total Net Capital Requirements for 1996A Project $830,000 360,000 1,320,000 70,000 5,420,000 510, ()()() $8,510,000 For a further discussion of the System and the 1996A Project, see, "THE SYSTEM" herein. 2 ..~ . -- ._...-------~-;, .'. - ~~. . , .' ESTIMATED SOURCES AND USES OF FUNDS .. PLAN OF REFUNDING FROM SERIES 1996B BONDS A portion of the proceeds of the Series 1996B Bonds will be used to advance refund a portion of the outstanding principal amount of the City's $7,680,000 Gas System Revenue Bonds, Series 1991 (the "Refunded Bonds") in order to achieve debt service savmgs. The City intends to issue the Series 1996B Bonds only if, as the result of bids received on the Series 199613 Bonds, it is able to achieve present value debt service savings in an amount equal to, or greater than, a threshold amount to be determined by the City Commission prior to the receipt of bids for the Bonds. The proceeds to be received from the sale of the Series 1996A Bonds are expected to be applied as follows: Sources of Funds Principal Amount of Series 1996A Bonds Less Original Issue Discount Accrued Interest Total Sources of Funds Uses of Funds Deposit to the Series 1996A Construction Fund Deposit to Interest Account (1) Deposit to Series 1996A Reserve Account Underwriter's Discount Costs of Issuance (2) Total Uses of Funds The proceeds to be received from the sale of the Series 1996B Bonds are expected to be applied as follows: Sources or Funds Principal Amount of Series 1996B Bonds Transfer From Series 1996B Bonds Reserve Account Less Original Issue Discount Accrued Interest Total Sources of Funds Uses or Funds Deposit to Escrow Account for Refunded Bonds Deposit to Interest Account (1) Deposit to Series 1996B Reserve Account Underwriter's Discount Costs of Issuance (2) Total Uses of Funds Accrued" interest. Includes the premium for the Municipal Bond Insurance Policy. g~ 3 DESCRIPTION OF THE SERIES 1996 BONDS General The Series 1996 Bonds will be issued in fully registered book-entry only form in denominations of $5,000 and integral multiples thereof and will be dated, will bear interest (payable semi-annually on March 1 and September 1 of each year commencing September 1, 1996) at the rates per annum and will mature on the dates and in the amounts, all as set forth on the cover page of this Official Statement. Book-Entry Only System THE INFORMATION IN THIS SECTION CONCERNING DTC AND DTC'S BOOK-ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY BELIEVES TO BE RELIABLE, BUT THE CITY TAKES NO RESPONSmILITY FOR THE ACCURACY THEREOF. The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Senes 1996 Bonds. The Series 1996 Bonds will be issued as fully-registered bonds regIstered in the name of Cede & Co. (DTC's partnershi{> nominee). One fully registered bond for each maturitY. will be issued for the Series 1996 Bonds, m the aggregate prinCIpal amount of such issue, and WIll be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a tlclearing corporation tl within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A of the Securities Exchange Act of 1934. DTC holds securities that its participants (the "Participants") deposit with DTC. DTC also facilitates the settlement among PartIcipants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants (the "Direct Participantstl) mclude securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc. and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants"). The rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of the Series 1996 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 1996 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 1996 Bond (the "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confinnations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 1996 Bonds are to be accomplished by entries made on the books of PartiCIpants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Series 4 1996 Bonds, except in the event that use of the book-entry system for the Series 1996 Bonds is discontinued. ,. - I ~. -..-~.. ,----~...----~..~...--....~~.. ~ J -..... ,-, ,- .' . . , ~ To facilitate subsequent transfers, all Series 1996 Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Series 1996 Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 1996 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 1996 Bonds are credited, which mayor may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. For every transfer and exchange of the Series 1996 Bonds, the Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to Cede & Co. If less than all of the Series 1996 Bonds within an issue are being redeemed, DTC's practice is to detennine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Series 1996 Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the CIty as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co. 's consentin~ or voting rights to those Direct Participants to whose accounts the Series 1996 Bonds are credIted on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 1996 Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on each payment date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on such payment date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Payin~ Agent or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the City or the Paying Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. The City cannot and does not give any assurances that DTC, Participants or others will distribute payments of principal of or interest on, or any premium on the Series 1996 Bonds paid to DTC or its nominee, as the registered owner, or any redemption (if applicable) or other notices, to the Beneficial Owner or that they will do so on a timely basis or will service and act in a manner described in this Official Statement. Neither the City, the Bond Registrar nor the Paying Agent is responsible or liable for the failure of DTC, Participants or others to make any payment or give any notice to a Beneficial Owner in respect of the Senes 1996 Bonds or any error or delay relating thereto. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by statute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, 5 DTC may discontinue providing its services as securities depository with respect to the Series 1996 Bonds at any time by giving reasonable notice to the City or the Paying Agent. Under such circumstances, in the event that a successor securities depository is not obtained, the Series 1996 Bonds are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, the Series 1996 Bonds will be printed and delivered. In the event of an insolvency of DTC, if DTC has insufficient securities in its custody (e.g., due to theft or loss) to satisfy the claims of its Participants with respect to deposited securities and is unable by ap~lication of (i) cash deposits and securities pledged to DTC to protect DTe against losses and liabllities; (ii) the proceeds of insurance maintained by DTC and/or its Participants; or (ill) other resources, to obtaln securities neces5:3IY to eliminate the insufficiency, no assurance can be given that Participants will be able to obtain all of their deposited securities. Redemption Provisions Optional Redemption. The Series 1996 Bonds are subject to redemption at the option of the City prior to maturity on or after September 1, 200 , in whole at any time, or in part from time to time on any interest payment date, in such mann-er as shall be determined by the City at the redemption prices expressed as percentages of the principal amount of such Series 1996 Bonds to be redeemed, as set forth below, together with accrued interest to the date fixed for redemption: , ,....,! 1-"1~-~'--'-- , ~ I I they shall be sent by the City, the Bond Registrar or the Paying Agent, as applicable, only to DTC. ~ernption Periods (BotllDates Inclusive) September 1, 200_ through August 31, 200_ September 1, 200_ through August 31, 200_ September 1, 200_ and thereafter Redemption lTice 102% 101 100 Mandatory Sinking Fund Redemption of the Series 1996A Tenn Bonds Maturing September 1, [ ]. The Series 1996A Bonds maturing on September 1, [ ] are subject to mandatory sinking fund redemption by funds deposited in the Bond Amortization Account in the Sinking Fund prior to maturity in part, by lot at a redemption price equal to their principal amount and the accrued interest on each September 1 in the years and amounts set forth below at a redemption price equal to 100% of the unpaid principal amount of such Series 1996A Bonds being redeemed plus accrue{i interest thereon to the date fixed for redemption, without premium: Principal Amount fiar ~ Mandatory Sinking Fund Redemption of the Series 1996B Term Bonds Maturing September 1, [ ]. The Series 1996 Bonds maturing on September 1, [ ] are subject to mandatory sinking fund redemption by funds deposited in the Bond Amortization Account in the Sinking Fund prior to maturity in part, by lot at a redemption price equal to their principal amount and the accrued interest on each September 1 in the years and amounts set forth below at a 6 ,- ' .' .- -- ----.....--.:.....--..-----:-..,. ,--". ...... ~-,..~ l - .' . . . k"L.. ~ _ '." . redemption price equal to 100% of the unpaid principal amount of such Series 1996B Bonds being redeemed plus accrued interest thereon to the date fixed for redemption, without premium: Principal Amount Year ~ Money held for the credit of the Bond Amortization Account is required to be applied to the retirement of term obligations as follows: (1) Subject to the provisions of paragraph (3) below, the City may purchase Term Bonds then outstanding at the most advantageous price obtainable with reasonable diligence, such price not to exceed the principal of such Term Bonds plus the accrued interest to the date of (1elivery thereof. The City is required to pay the interest accrued on such Term Bonds to the date of delivery thereof from the Interest Account and the 'purchase price from the Bond Amortization Account, but no such purchase may be made by the CIty within the period of 45 days immediately preceding any interest payment date on which Term Bonds are subject to call for redemption, except from money in excess of the amounts set aside or deposited for the redemption of Term Bonds. , (2) Subject to the provisions of paragraph (3) below, whenever sufficient money is on deposit in the Bond Amortization Account to redeem $5,000 or more principal amount of Term Bonds, the City may call for redemption from money in the Bond Amortization Account such amount ofTenn Bonds then subject to redemption as, with the redemption premium, if any, will exhaust the money then held in the Bond Amortization Account as nearly as may be practicable. Prior to calling Term Bonds for redemption, the City is required to withdraw from the Interest Account and from.the Bond AmortizatIOn Account and set aside in separate accounts or deposit with the paying agents the respective amounts required for paying the interest on and the principal of and redemption premium applicable to the Term Bonds so called for redemption. (3) Money in the Bond Amortization Account is required to be applied by the City in each fiscal year to the retirement of Term Bonds then outstanding in the following order: (a) The Tenn Bonds of each series of Bonds, to the extent of the Amortization Installment, if any, for such Fiscal Year for the Term Bonds of each such series then outstanding, plus the applicable premium, if any, and, if the amount available in such Fiscal Year shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such Fiscal Year for the Term Bonds of each such series then outstanding, plus the applicable premium, if any; provided, however, that if the Term Bonds of any such senes are not then subject to redemption from money in the Bond Amortization Account and if the City is at any time unable to exhaust the money applicable to the Term Bonds of such series under the provisions of this clause or in the purchase of such Term Bonds under the provisions of paragraph (1) above, such moner or the balance of such money, as the case may be, must be retained in the Bond AmortIzation Account and, as soon as it is feasible, applied to the Term Bonds of such series; and 7 ..- ----.-----. .._-~ -- ----. .- . , . . (b) Any balance then remaining, other than money retained under the first clause of this paragraph (3), is required to be applied to the retirement of such Term Bonds as the City in its sole discretion determines, but only, in the case of the redemption of Tenn Bonds of any series, in such amounts and on such terms as may be provided in the resolution or ordinance authorizing the issuance of the obligations of such series. The City is required to pay from the Sinking Fund all expenses in connection with any such purchase or redemption. Notice of Redemption As long as the book-entry-only system is used for determining beneficial ownership of the Series 1996 Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co. will be responsible for notifying the DTC Participants, who will in turn be responsible for notifying the Beneficial Owners. Any failure of Cede & Co. to notify any DTC Participant, or of any DTC Participant to notify the Beneficial Owner of any such notice, will not affect the validity of the redemption of the Series 1996 Bonds. See "DESCRIPTION OF THE SERIES 1996 BOND - Book-En try-Only System" for a description of DTC Participants and Beneficial Owners. In the event of the discontinuance of the book-entry only system, notice of redemption will be given by the Registrar (who shall be the Paying Agent for the Series 1996 Bonds, or such other person, firm or corporation as may from time to time be designated by the City as Registrar for the Series 1996 Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Owner of each Series 1996 Bond to be redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Registered Owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Series 1996 Bonds or portions thereof so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any Series 1996 Bond for redemption in part only, the City shall issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered Owner, a new Series 1996 Bond or Series 1996 Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. SOURCE OF PAYMENT AND SECURITY FOR THE SERIES 1996 BONDS General The principal of, redemption premium, if any, and interest on the Series 1996 Bonds are payable from the Net Revenues equally and ratably with each other and the Parity Bonds. The Series 1996 Bonds and the Parity Bonds are secured by a first and prior lien on the Net Revenues derived from the operation of the System deposited In the Sinking Fund created and established under the Ordinance and from monies and investments deposited in certain funds and accounts established by the Ordinance and earnings thereon. The Series 1996 Bonds shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State, or any 8 political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida, nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Series 1996 Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the City except from the Net Revenues, in the manner provided in the Ordinance. The Series 1996 Bonds shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues in the manner provided 10 the Ordinance. "Net Revenues" is defined in the Ordinance to mean Gross Revenues less the Cost of Operation and Maintenance. "Gross Revenues" means all monies received from rates, fees, rentals or other charges or income derived from the investment of funds, unless otherwise provided in the Ordinance, by the City or accruing to it in the operation of the System, all calculated in accordance with sound accountin~ practice. "Cost of Operation and MaIntenance" of the System means all current expenses, paId or accrued, for the operation, maintenance and repair of all facilities of the System, as calculated in accordance with sound accountin~ practice and includes, without limiting the generality of the foregoing, insurance J?remiums, admInIstrative expenses of the City related solely to the System, labor, cost of matenals and supplies used for current operation and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice, but excluding any reserve for renewals or replacements, for extraordinary repairs or any allowance for depreciation. The Bonds are further secured by a prior lien on and pledge of the monies and investments deposited in the Funds and Accounts established by the Ordinance except for monies and investments deposited in the Operation and Maintenance Fund and the Rebate Fund. Reserve Account A Reserve Account within the Sinking Fund has been established pursuant to the Ordinance. Within the Reserve Account, there will be established a separate subaccount for each series of Bonds. Revenues must be applied by the City to maintain in each subaccount in the Reserve Account a sum equal to the Reserve Requirement, if any, for any subsequent year on each series of Bonds. The Reserve Requirement for each series of Series 1996 Bonds will be fully funded, or the City will deposit in the respective Reserve Account a reserve fund surety policy or JX>licies in the amount thereof, which sum will initially be deposited therein from the proceeds of the sale of the corresponding series of Series 1996 Bonds and other funds of the CIty. To the extent the City determines pursuant to a subsequent resolution to fund a subaccount within the Reserve Account for a respective series of Bonds, the City may provide that the difference between the amounts on deposit in such subaccount and the Reserve Requirement for such series of Bonds shall be an amount covered by obtaining bond insurance issued by a reputable and recognized municipal bond insurer, by a surety bond, by a letter of credit or any combination thereof or by such other form of credit enhancement as shall be approved by a resolution of the City adopted prior to the issuance of the series of Bonds for which such subaccount is established. Such resolutIon may also provide for the substitution of such credit enhancement. For further infonnation concerning the Reserve Account, please refer to the section entitled "Flow of Funds" contained herein. Notwithstanding any provision of the Ordinance to the contrary, moneys in each subaccount in the Reserve Account may be used only for the purpose of the payment of maturing principal of or interest or making Amortization Installments on the Bonds for which such 9 , ' - ~ --------- ~ . . '..' ' J , ) . . - - Establishment of Funds and Accounts The following Funds and Accounts have been established pursuant to the Ordinance: Revenue Fund Operation and Maintenance Fund Construction Fund Sinking Fund Interest Account Principal Account Reserve Account Bond Amortization Account Renewal and Replacement Fund A separate subaccount is required to be maintained in the Reserve Account for each series of Bonds. Priority of Flow of Funds The entire Gross Revenues, except the income from investments (hereinafter discussed), derived from the operation of the System must be deposited in the Revenue Fund. The Revenue Fund constitutes a trust fund for the purpose provided in the Ordinance, and must be kept separate and distinct from all other funds of the City and used only for the purposes and in the manner provided in the Ordinance. All revenues at any time remaining on deposit in the Revenue Fund must be disposed of on or before the fifteenth (15th) day of each month only in the following manner and in the following order or priority: 1. Revenues must first be used to deposit in the Operation and Maintenance Fund, such sums as are necessary for the Cost of Operation and Maintenance for the next ensuing month. 2. Revenues must next be used for deposit into the Interest Account, such sums as will be sufficient to pay one-sixth (1/6) of all interest becoming due on the Series 1996 Bonds and the Series 1991 Bonds on the next semi-annual interest payment date. 3. Revenues must next be used for deposit into the Principal Account, in any bond year in which a Serial Bond matures, such sums'as will be sufficient to pay one-twelfth (1/12) of the principal maturing on Serial Bonds in such year. 4. Revenues must next be used for deposit into the Bond Amortization Account in any bond year in which an Amortization Installment is due, such sums as will be sufficient to pay one- twelfth (1/12) of the Amortization Installment required to be made in such year. Such payment will be credited to a separate special account for each series of Term Bonds outstanding, and if there is more than one stated maturity for Term Bonds of a series, then into a separate special account in the Bond Amortization Account for each such separate maturity of Term Bonds. The funds and investments in each such separate account are pledged solely to the payment ofjrincipal of the Term Bonds of the series or maturity within a senes for which it is established an will not subaccount was established when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose including the payment of any other series of Bonds. FLOW OF FUNDS 10 . _..,~....~__~,~ ~---:-'_:""""''''''''.~'''_H''_'_'____:__' ,I. . ," "-,",, ~ _> be available for payment, purchase or redeml?tion of Term Bonds of any other series or within a series, or for transfer to any other account In the Sinking Fund to make up any deficiencies in required payments therein. Moneys on deposit in each of the separate special accounts in the Bond Amortization Account are required to be used for the open market purchase or the redemption of Term bonds, pursuant to the Ordinance, of the series or maturity of Term Bonds within a series for which such separate special account is established or may remain in said separate special account and be invested until the stated date of maturity of the Term Bonds. The required deposits to the Principal Account, Interest Account and Bond Amortization Account are required to be adjusted in order to take into account the amount of money currently on deposit therein. 5. Revenues must next be applied by the City to maintain in each subaccount in the Reserve Account a sum equal to the Reserve Requirement, if any, for any subsequent year on each series of Bonds, which sum will initia.11y be deposited therein from the proceeds of the sale of the Series 1996 Bonds and other funds of the City. To the extent the City determines pursuant to a subsequent resolution to fund a subaccount within the Reserve Account for a respective series of Bonds, the City may provide that the difference between the amounts on deposit in such subaccount and the Reserve Requirement for such series of Bonds shall be an amount covered by obtaining bond insurance issued by a reputable and recognized municipal bond insurer, by a surety bond, by a letter of credit or any combination thereof or by such other form of credit enhancement as shall be aPl?roved by a resolution of the City adopted prior to the issuance of the series of Bonds for whIch such subaccount is established. Such resolution may also provide for the substitution of such credit enhancement. Bond insurance, a surety bond, a letter of credit or any combination thereof or such other form of credit enhancement may in the future be deposited in the subaccount in the Reserve Account for any Series of Bonds as may be approved by subsequent resolution of the City, provided that the provider of such credit enhancement is then rated in one of the two highest rating categories (without regard to gradation) by Standard & Poor's Corporation and Moody's Investors Service, Inc. Any withdrawals from any subaccount in the Reserve Account are required to be subsequently restored from the first moneys available in the Revenue Fund on a pro rata basis as to all subaccounts in the Reserve Account after all required current payments for the Operation and Maintenance Fund and Sinking Fund (including all deficiencies in prior payments to those Funds) have been made in full. Notwithstanding any provision of the Ordinance to the contrary, moneys in each subaccount in the Reserve Account may be used only for the purpose of the payment of maturing principal of or interest or making Amortization Installments on the Bonds for which such subaccount was established when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose including the payment of any other series of Bonds. In the event of the refunding of any series of Bonds, the City may withdraw from the subaccount within the Reserve Account for such series of Bonds, all or any portion of the amounts accumulated therein with respect to the Bonds being refunded and deposit such amounts as required by the resolution authorizing the refunding of such series of Bonds. 6. The City must next deposit into the Renewal and Replacement Fund an amount equal to one-twelfth (1/12) of an amount equal to 5% of prior year's Gross Revenues; provided, however, that so long as there shall be on deposit in such Renewal and Replacement Fund a balance of at least $300,000, no additional deposits in such Fund are required. The moneys in 11 COVENANTS the Renewal and Replacement Fund may be used only for the purpose of paying the cost of extensions, enlargements or additions to, or the replacement of capital assets of the System and emergency repairs thereto. Such moneys on deposit in such Fund are also required to be used to supplement the Reserve Account if necessary, in order to prevent a default in L'le payment of the pnncipal or Amortization Installments of and interest on the Bonds. 7. The balance of any moneys remaining in the Revenue Fund after the above required payments have been made may be used by the City for any lawful purpose. 8. The Operation and Maintenance Fund, the Sinking Fund, the Renewal and Replacement Fund, the Revenue Fund, and all accounts therein and any other special funds established and created under the Ordinance constitute trust funds for the purposes provided in the Ordinance for such funds. All such funds shall be continuously secured in the same manner as City deposits are authorized to be secured by the laws of the State of Florida. Rate Covenant In and by the Ordinance, the City has covenanted that it will fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide Revenues in each year sufficient to pay, and out of such funds pay, 100% of the Cost of Operation and Maintenance of the System in such year and all reserve and other payments provided for in the Ordinance and 125 % of the Bond Service Requirement due in such year on all outstanding Bonds. The City has covenanted that such rates, fees, rentals, or other charges shall not be reduced so as to be insufficient to provide Revenues for such purposes. Additional Parity Obligations Additional Parity Obligations, payable on a parity from Net Revenues of the System with the Series 1996 Bonds and the Parity Bonds, may be issued after the issuance of the Series 1996 Bonds, for construction and acquisitton of additions, extensions and improvements to the System or for refunding purposes and upon the following conditions: 1. The Net Revenues derived or which would have been derived, if adjusted as set forth below, from the System, either during the immediately preceding Fiscal Year, durin~ any twelve (12) consecutive calendar months of the eighteen (18) calendar months immedIately preceding the sale of the proposed Additional Parity Obligations or during the last twelve (12) . month period for which the City has audited financial statements for the System, at the option of the City, shall have been not less than 125 % of the Maximum Bond ServIce Requirement which will become due in any calendar year thereafter on (a) the Series 1996 Bonds then outstanding, (b) any Additional Parity Obligations issued and then outstanding (including the Parity Bonds), and (c) the Additional Parity Obligations then proposed to be issued. In determining the amount of Net Revenues for the purposes of paragraph (1) above, the Consulting Engineers may adjust the Net Revenues by addIng thereto the following: a. The Net Revenues (computed for such utility on the same basis as net revenues are computed for the System) of any ~as utility which the City shall have acquired prior to the issuance of such Additional Panty Obli~ations or which the City shall be acquiring from proceeds of such Additional Parity OblIgations; and 12 .- ---..-..-..---- ~... -...- - ... . . . . b. In the event a change has been made in the rate schedules for services from the System prior to the issuance of the proposed Additional Parity Obligations for a part of such 12 month period referred to in (1) above, and such change has resulted in an increase in Net Revenues, such amount of additional Net Revenues which the consulting Engineers estimated would have been received by the City during such 12 month period if such change in such rate schedule had been in effect during the entire 12 month period; and in the event a change has been made in the rate schedules for services from the System prior to the issuance of the proposed Additional Parity Obligations for a part of such 12 month period referred to in (1) above, and such change has resulted in a decrease in Net Revenues, by subtracting therefrom such amount of the Net Revenues which the Consulting Engineers estimate would not have been received by the City during such 12 month period referred to in (1) above, if such change in such rate schedule had been in effect during the entire 12 month period. 2. Each resolution or ordinance authorizing the issuance of Additional Parity Obligations will recite that all of the covenants contained in the Ordinance will be applicable to such Additional Parity Obligations. 3. The City shall not be in default in perfonning any of the covenants and obligations of the Ordinance, if all payments required to have been made into the accounts and funds, as provided in the Ordinance, shall have been made to the full extent required. The City currently has outstanding its Gas System Revenue Bonds, Series 1991 of which $7,530,000 remains outstanding as of June 1, 1996 (a portion of which may be refunded with proceeds of the Series 1996B Bonds) and its Gas System Revenue Bonds, Series 1994A of which $8,110,000 remains outstanding as of June 1, 1996. The Strategic Plan for the System projects that Additional Parity Obligations of up to $30,750,000 may be issued through 2002. Operation and Maintenance The City covenants it will maintain the System and all parts thereof in good condition and will operate the same in an efficient and economical manner making such expenditures for equipment and for renewals, repairs and replacements as may be proper for the economical operation and maiQtenance thereof. Operating Budget The City covenants to annually prepare and adopt prior to the beginning of each of its Fiscal Years, a detailed budget or budgets of the estimated expenditures for the operation and maintenance of the System during such next succeeding Fiscal Year. Annual Audit At least once a year, within six months after the close of its Fiscal Year, the City covenants to cause the books, records and accounts relating to the System to be properly audited by a recognized independent firm of certified public accountants. No Mortgage or Sale of the System The City has covenanted not to sell, lease, mortgage, pledge or otherwise encumber the System, or any substantial part thereof, or any revenues to be derived therefrom, except as described below. 13 Notwithstanding the foregoing, the City has reserved the right to sell, lease or otherwise dispose of any of the property comprising a part of the System which the City hereafter determines, in the manner provided 10 the Ordinance, to be no longer necessary, useful or profitable in the operation of the System. Prior to any such sale, lease or other disposition of said property, if the amount to be received therefor is not in excess of $50,000, the City Manager of the City or other duly authorizerl officer in charge thereof is required to make a findmg in writing detenmnin{; that such property comprising a part of the System is no longer necessary, useful or profitable 10 the operation thereof. If the amount to be received from such sale, lease or other disposition of said property is in excess of $50,000 but not in excess of $100,000 such City Manager or other officer IS reqUired to first make a finding in writing determining that such property comprising a part of the System is no longer necessary, useful or profitable in the operation thereof, and the governing body of the ~ity must, by resolution or ordmance duly adopted, approve and concur in the finding of such City Manager or other officer, and authorize such sale, lease or other disposition of said property. If the amount to be received from such sale, lease or other disposition of said property is in excess of $100,000 but not in excess of 10% of the value of fixed assets of the System according to the most recent annual audit report, such City Mana~er or other officer must first make a finding in writing determining that such property comprismg a part of the System is no longer necessary, useful or profitable in the operation thereof, and the Consulting Engineer must make a finding that it is in the best interest of the System that such property be disposed of, and the governing body of the City must by resolution or ordinance, duly adopted, approve and concur in the findings of such City Manager or other officer and of the Consultmg Engineer, and authorize such sale, lease or other disposition of said property. Anything in this section to the contrary notwithstanding, nothing restricts the governing body of the City or, to the extent such authority has been vested in the City Manager by such governing body, the City Manager in exercising discretion, from authorizing the sale or other disposition of any of the property comprising a part of the System, if the Consulting Engineer certifies that the Net Revenues of the System will not be materially adversely affected by reason of such sale or disposition. Such proceeds must be placed in the Renewal and Replacement Fund or used for the retirement of outstanding Bonds, in such proportions to be determined by the governing body of the City upon the recommendations of the City Manager. The payment of such proceeds into the Renewal and Replacement Fund does not reduce the amounts required to be paid into such Fund by other proviSIOns of the Ordinance. Anything in this section to the contrary notwithstanding, nothing prohibits the City from transferring ownership of the System to another governmental entity 10 accordance WIth the Ordinance without complying with the provisions described in this section. No Free Service The City has covenanted in the Original Ordinance that it will not render or cause to be rendered any free services of any nature by the System, nor will any preferential rates be established for users of the same class. Whenever the City, including its departments, agencies and instrumentalities, avails itself of the product, facilities or services prOVIded by the System, or any part thereof, the same rates, fees or charges applicable to other customers receiving like services under similar circumstances must be charged to the City and any such department, agency or instrumentality. Such charges must be paid as they accrue, and the City shall transfer from its general funds to the Revenue Fund sufficient sums to pay such charges. The revenues so received 14 will be deemed to be Revenues derive{j from the operation of the System, and will be deposite{j and accounted for in the same manner as other Revenues derived from such operation of the System. Consistent with the foregoing, to the extent that certain marketing and sales programs may involve incentives to customers (other than free energy service), expenses of such incentives are paid by charges against appropnate marketing and sales expenses of the System. Enforcement or Collections The City has covenanted to enforce and collect the rates, fees and other charges for the services and facilities of the System pledged under the Ordinance; to take all steps, actions and proceedings for the enforcement and collection of such rates, charges and fees as shall become delinquent to the full extent permitted or authorized by law; and to maintain accurate records with respect thereof. All such fees, rates, charges and revenues pledged pursuant to the Ordinance will, as collected, be held in trust to be applied as provided in the Ordinance. The City will, under reasonable rules and regulations, to the full extent permitted by law, shut off the connection of any users of the System for non-payment of fees, rentals and other charges for the services of the System and will not furnish him or permit him to receive from the System further service until all obligations owed by him to the CIty on account of services have been paid in full. No Competing System To the full extent permitted by law, the City has covenanted not to hereafter grant, or cause, consent to, or allow the granting of, any franchise or permit to any person, firm, corporation or body, or agency or instrumentality whatsoever, for the furnishing of competin~ gas services to or within the boundaries of the service area of the City; provided, however, that If the Gas System Manager renders an opinion that it would not be feasible for the City to provide such services to any specific area withm the three years succeeding a request to provide such service, the City may authorize or allow the granting of such franchise or permit for such area upon such terms and conditions as it may approve. Unlawrul Connection Prohibited The City has enacted an ordinance making it unlawful for any ~rson or persons to tamper with, change or make any connection with the System without the wntten consent of the City, or to make any reconnection with the System when service has been discontinued for delinquent charges, until such delinquent charges have been paid in full, including interest, reasonable penalties and reconnection charges. The City will dilIgently, to the full extent permitted by law, enforce this covenant and prosecute any person violating the provisions of this covenant or any penal ordinance relating to the same. Amendment or the Ordinance . In the Ordinance, the City has reserved the right to amend or supplement the Ordinance for certain purposes without the consent of Bondholders if the amendment or supplement does not adversely affect the rights of Bondholders. Otherwise, no material modificatIon or amendment of the Ordinance may be made without the consent in writing of the Holders of fifty-one percent or more of the prinClpa1 amount of the Bonds of each Series so affected and then outstanding. For purposes of the foregoing, to the extent that Bonds of any Series are secured by a Credit Facility and such Bonds are then rated in one of the two highest rating categories (without regard to 15 ,""- ' _.~-----. "---~~~-:-'":~'~".'''''''-:-'' .~~ ... ~ . . . gradation) by either Standard & Poor's Corporation or Moody's Investors Service, Inc., or successors and assigns, then the consent of the Credit Facility issuer will be deemed to constitute the consent of the Bondholders of such Series and in such case no consent of the Bondholders of such Series is required. Notwithstanding the foregoing, no modification or amendment of the Ordinance may pennit a change in the maturity of such Bonds or a reduction in the rate of interest thereon or in the amount of the principal obligation thereof or affecting the promise of the City to pay the principal of and interest on the Bonds as the same becoI?e due from the Net Rev~nu.es of the System or reduce the percentage of the Bondholders reqUIred to consent to any matenal modification or amendment of the Ordinance without the consent of the Bondholders of all such obligations. THE SYSTEM Physical Description The Clearwater Gas System (the" System ") began operations in the mid-1920's with the production, distribution and sale of manufactured gas. The System was converted to natural gas m 1959 when Florida Gas Transmission (FGT) extended pipelInes into Florida. The System also provides propane (LP) service in areas where natural gas mains have not yet been extended. In addition to serving the City of Clearwater, the System has expanded into, and has franchise agreements with, the cities of Bellea.ir, Belleair Beach, Bellea.ir Bluffs, Dunedin, Indian Rocks Beach, Largo, New Port Richey, Oldsmar, Port Richey, Safety Harbor, and Tarpon Springs. The System also services the unincorporated area between these cities. The franchise agreements expire respectively in 2020, 2003, 2002, 2020, 2018, 2001, 2025, 2014, 2025, 2001 and 2013, which in some instances is Erior to the maturity of the Series 1996 Bonds. It is anticipated that such franchise agreements WIll be renewed upon their expiration; however, there is no assurance of such renewals. Each franchise agreement authorizes the respective municipality- to terminate the franchise agreement in the event the City fails to furnish gas for a period of 72 hours as required by the agreement for causes within the control of the City. In addition, the franchise agreements with Dunedinl Belleair Bluffs, Largo and Safety Harbor authorize the municipality to purchase from the City the property used with respect to each franchise at the expiration of the franchise. The franchise agreements with Oldsmar and Tarpon Springs authorize Oldsmar and Tarpon Springs to purchase such property during the tenn of the franchise as well as at expiration. The System currently serves 12,705 customers and has 534 miles of gas main as of March, 1996. According to a survey conducted by Pipeline & Gas Journal dated September, 1995, the System ranked as the fourth largest municipally owned natural gas system in Florida and the 41st largest municipally owned natural gas system in the United States. Management The City has a Commission-Manager form of municipal government. The Mayor- Commissioner and Commissioners are elected by the City's voters on an at-Jar~e basis. All have voting {>Ower at Commission meetings which are chaired by the Mayor-CommIssioner. The City CommIssion appoints the City Manager and the City Manager is responsible for appointing all officers and employees in the administrative service of the City, includIng the Managing Director & Executive Officer of the Clearwater Gas System. The Clearwater Gas System is administered by the Gas System Managing Director & Executive Officer who reports directly to the City Manager. The System is one of six utilities (Water, Sewer, Gasl Solid Waste, Recycling, and Stormwater) billed on a consolidated basis by . the Clearwater Utility Customer Service. 16 ...~ . - . ...--~_ "._....,.._-r- _,'. -, ~." T-~ .' ~. , " '.. l' .' - ' . '.' 't .. '."--,,..~. . Charles S. Warrington, Jr. currently serves as Managing Director & Executive Officer of the Clearwater Gas System and reports dIrectly to the City Manager. He received his Bachelor of Electrical Engineering degree from the Georgia Institute of Technology in 1971 and is a 1982 graduate of the University of Michigan Public Utility Executive Program. He has been a registered Professional Engineer in the State of Florida since 1976. Prior to joining the City of Clearwater in February 1992, Mr. Warrington served as Director of Customer Services for Florida Power & Light Company (FPL), the largest electric utility in the State of Florida. Mr. Warrington was responsible for corporate-wide customer service policies, procedures, systems, training and regulatory interface. Prior to this position, he had served as a District General Manager for two (2) of the lar~est FPL districts (Miami and Coral Gables). In total, Mr. Warrington has 25 years of pubhc utility experience of increasing responsibility . Mr. Warrington currently serves on the Board of Directors of the Florida Natural Gas Association, serves on the Board of Directors of the Municipal Gas Authority of Florida, serves on the board of directors and as President of the Florida Municipal Natural Gas Association, and serves on the Board of Directors and as President-elect of the Florida Engineering Society - PineUas Chapter. Teny Neenan has served as Assistant Director of CGS/Gas Supply and Operations since February, 1994. Prior to that he served as Gas Superintendent from 1986 until f994, Assistant Superintendent from 1982 to 1986, Service Supervisor from 1979 to 1982 and Utilities Serviceman from 1968 to 1979 all with the Clearwater Gas System. He holds a Master Gas Contractor License with Pinellas County, a Natural Gas Specialty Contractor License with the Pinellas County Construction Licensing Board, a 601 LP License from the Department of Agriculture and holds other licenses and certificates related to natural and LP gas. Mr. Neenan serves as the propane qualifier for the Clearwater Gas System both in Pinellas and Pasco Counties and serves as the natural gas gualifier in Pinellas County. Mr. Neenan attended St. Petersburg Junior College and the Flonda Gas Transmission School in Sanford. He has served as a Secretary, Treasurer, Vice Chairman and Chairman of the Operating Section of the Florida Natural Gas Association. He has also served two years as Secre!MY to the Florida Municipal Natural Gas Association. He has also served as Secretary, Vice ChaIrman and Chairman of the Municipal Gas Authority of Florida, a joint gas buying agency. James M. Lewin, Sr. has served as Assistant Director of CGS/Gas Marketing & Planning since April 1994. Prior to that, he served as Assistant Superintendent from 1986 to 1994, Gas Supervisor from 1977 to 1986, and as a Distribution Serviceman from 1974 to 1977, all with the Clearwater Gas System. Mr. Lewin also holds a Natural Gas Specialty Contractor License with the Pinellas County Construction Licensing Board, a 601 LP License from the Department of Agriculture, and holds other licenses and certificates related to natural gas. He is three (3) credit hours from completing an Associate of Arts Degree in Business Administration from the St. Petersburg Junior College. Robert Bublitz has served as Controller for the Clearwater Gas System since October 1994. Mr. Bublitz served as the Finance Director and Director of Administrative Services with the City of Tarpon Springs, Florida, for 15 years prior to joining the Cleaxwater Gas System as Controller. In total, Mr. Bublitz has 28 years of Municipal experience. He received his Bachelor of Business Administration degree in 1965 from Spencerian Business College in Milwaukee, Wisconsin. 17 ~ ...--, ".r --'-'--~'tj\~-;;;-----~-'; . ~-;-~_....... ," - ~....-:~_. ..- , ,~ ~', ' Gas Supply The City purchases its supply of natural gas from the Citrus Industrial Sales Coml?any, Inc. The present supply of gas is based on service agreements between the City, the Mumcipal Gas Authority of Florida (MGAF), Citrus Industrial Sales, and Florida Gas Transmission Company (FO'!). On August 1, 1990, the Federal Energy Regulatory Commission (FER C) deregulated the natural ~as pipeline industry. This allows other natural gas suppliers and local distribution compames, like the Clearwater Gas System to transport gas over FGT pipelines as opposed to purchasing natural gas supply from only FGT. FGT at the present time is equally owned by Enron Corporation and Sonat, Inc. Enron Corporation throu~h its subsidiaries operates or has interest in approximately 37,000 miles of transportation pipelines from Texas to the Canadian border and from California to Florida. Sonat, Inc. owns and has interest in natural gas transportation facilities that provide service in the states of Florida, Georgia, Alabama, South Carolina, Tennessee, Mississippi, and Texas as well as the Federal Offshore Domain in and around the State of Louisiana. MGAF is an inter-local municipal organization which purchases natural gas supplies for fifteen (15) municipally owned local distribution companies and gas districts served by FGT. Clearwater Gas System was a leader in forming MGAF. The City of Clearwater joined MGAF by Resolution 92-75 which was adopted by the City Commission on December 3, 1992. MGAF began purchasing gas supplies for Clearwater Gas System through a three (3) year gas management and supply acquisition contract with Citrus Industrial Sales Company in November 1993. These agreements provide a maximum daily quantity of approximately 10,219 MMBtu's of natural gas during the months of November to April; 4,652 MMBtu's during the months of May to September; and 7,496 MMBtu' s for the month of October. The total annual entitlement is 2,793,771 MMBtu's of natural gas transportation. FGT has constructed an additional gas p'ipeline along the west coast of Florida called Phase HI, which increased the supplies of gas aVaIlable to the System. The System has entered into Phase III transportation agreements with FGT for an additIOnal 1,781 MMBtu' s to be delivered during the summer and 1,348 MMBtu's delivered in the winter. Phase III increased the System's yearly transportation entitlement by 583,816 MMBtu's. This has established a new annual entitlement of 3,377,587 MMBtu's to be delivered by FGT pipeline, which willl>rovide adequate capacity through at least the year 1999. It is anticipated that additional entitlements can be acquired from either the proposed FGT Phase IV or use the additional excess capacity in the MGAP Group to satisfy the System's customers' needs into the twenty-first century. Rates, Fees and Charges The City Commission has established a schedule of rates and charges by ordinance, which includes a purcnased gas cost adjustment provision allowing the City to pass-through to customers any increase or decrease in the purchased price of gas. The City is not subject to regulation by any State agency in establishing or revising its rates. Where competitive fuel sources or transportation service are available to the customer, the City Commission has authorized the City Manager to enter into contract gas service rates at special rates and/or conditions as required to obtain/retain the customer load. Such contract service must meet the normal construction feasibility formula to insure profitable payback to the City. s of March, 1996, contract rates applied to 56 customer accounts and impacted less than 3 % of total revenues. " ,,' - . ----:--.---u--"'" _.-~-""-....---.~ .... ,~.'" ~-..^~. ....-.- ,,' , , _ The current rates charged by the System are a part of the Phase I Gas Rate Case implemented October 1, 1995, which was based on a com~rehensive cost of service study perfonned by the Utility Advisory Services Group of the internatlOnal accounting firm of Coopers & Lybrand, LLP (the "Rate Study"). This Phase I implementation resulted in an extensive overhaul of the Gas System customer rates, providing numerous classes of service and a modernized billing methodology. The new rates were designed to be industry-based and responsive to the competitive energy challenges. The goal of the Rate Study was to establish rates which would be faIf to all classes of customers, provide funding to implement planned expansion in both existing northern Pinellas County service area and into the newly acquired southwestern Pasco service area, and provide an adequate growth potential in return to the City of Clearwater to further offset the ad valorem tax. rates (current impact is about 0.5 mills). As the result of experience during the first seven months of the Phase I implementation adjustments in the Phase II rates which are to be implemented on October 1, 1996 have been proposed in the commercial and multi-family customer rates (no changes are proposed to the already Commission-approved plan for residentIal customer rates) and additional adjustments (the Phase ill rates) are rroposed to become effective October 1, 1997. The total projected impact of both new phases 0 the rate case is $1.05 million or less than 7.9% of total gas sales revenues. The first reading of the rate ordinance containing the proposed Phase II and Phase III rates changes was conducted by the City Commission on May 16, 1996, with the second reading and final approval anticipated to occur on June 6, 1996. The rate adjustments, if approved by the City Commission will become effective as to the Phase II adjustments on October 1, 1996 and, as to the Phase In rates, on October 1, 1997. Set forth in Appendix G hereto is a table containing a comparison of both current and proposed rates with the rates of comparable gas utilities. Service Area The System serves over 12,500 customers in thirteen (13) municipalities as well as the unincorporated areas of northern Pinellas County and southwestern Pasco County as follows: Municipalities served, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shores, Clearwater, Dunedin, Indian Rocks Beach, Largo, New Port Richey, Oldsmar, Port Richey, Safety Harbor and Tarpon Springs. In unincorporated Pinellas County, the System serves, Crystal Beach, East Lake, Harbor Bluffs, Harbor Hills, Highpoint, Ozona, Palm Harbor and Top of the World. The System serves the unincorporated Pasco County areas of Anclote, Elfers, Gulf Harbors, Harbor Isles, Holiday, Moon Lake, Odessa, Serenova and Trinity. The northern Pinellas County service territory is approximately 135 s.quare miles and extends from Ulmerton and Walsingham Roads on the south to the Pasco County hne on the north and from the Gulf of Mexico on the west to the Hillsborough County line on the east. The System is in the process of extending gas mains and services into a 117 square mile service territory in southwestern Pasco County which will extend from the Gulf of Mexico on the west inland approximately ten miles to just west of State Road 41 and Land Q'Lakes (generally along the nght-of-way for the proposed North Suncoast Parkway) and from the Pinellas and Hlllsborough County lines on the south to generally State Road 52 on the north. Within the current service boundaries, there is significant opportunity for growth because the System already has installed approximately 515 miles of gas main in the current Pinellas County service area with only slightly greater than a 5 % customer saturation. There is also significant opportunity to expand into the developing areas of southwestern Pasco County. In total the service territory encompasses 19 approximately 252 square miles with a service population of over 600,000 people. The service area is bordered on the south, east and north by Peoples Gas System, Inc., an investor-owned gas utility . As of S~tember 30, 1995, the latest date as of which the information is readily available, the System's active natural gas customers were located as shown in the following table: Location Meters Percenta2e Belleair 260 2.3% Belleair Beach 24 0.2 Belleair Bluffs 13 0.1 Clearwater 6,453 56.1 Dunedin 975 8.5 Indian Rocks Beach 12 0.1 Largo 1,176 10.2 Oldsmar 24 0.2 Safety Harbor 508 4.4 T~n Springs 371 3.2 Unmcorporated Areas 1,687 .JA.1 Total 11,503 100.0% The System provides service to firm (non"interruptible) and interruptible classes of customers. The System derives less than two percent of its revenues from its largest firm customer. The following table shows the five largest interruptible customers by peak monthly consumption and the percent of the System IS revenues derived from such customers during the 12 months ending September 30, 1995: Customer Name Peak Monthly Therms % of Gross Revenues National Linen Services, Inc. Morton F. Plant Hospital (1) Metal Industries, Inc. Clearwater Linen & Uniform Supply, Inc. Mease Hospi tal 77,418 54,610 66,672 27,999 28,388 3.9 2.9 2.0 1.2 1.1 The System's customers have grown in the past six years from 10,490 in September of 1989 to 12,705 in March of 1996. The System's 12,705 customers represent a market penetration of approximately 5 %, providing an opportunity for continued customer growth within the existing service area. The following table shows the breakdown of the System I s customers by category as well as the volume of gas sold and the sales revenues generated by each category for the fiscal year ending September 30, 1995: 20 "" ,'. ). -- "-.-----. ---. -....--.--- ." , - " Interruptible Residen tial Commercial 8 9,551 1,929 Gas ~ 18.4% 22.1 % 59.5% Gas Sales 12.8% 23.8% 63.4% A verage No. Customers Clearwater Gas Strategic Plan The management of the Clearwater Gas System developed a comprehensive" 1995-2002 Strategic Plan" which was presented to the City of Clearwater Commission on May 16, 1996. This Strategic Plan provided three (3) strategic opportunities: 1. Accelerate growth in Pinellas County - this is projected to add an additional 5,300 new customers by the year 2002; Expand gas service into Pasco County - this is projected to add an additional 4,500 new customers by the year 2002; and Develop new Gas Markets - this would allow the System to expand services into new market opportunity areas such as natural gas vehicles and gas air conditioning. The City Commission approved the Strategic Plan in its entirety and began the process of authorizing a total of $40.5 million in Gas Revenue Bonds to fund the Strategic Plan. The Series 1996 Bonds are the first issue of bonds required to implement the funding for the overall Strategic Plan . 2. 3. Future Projects The Strategic Plan projects future bond issues to be funded by the Gas System Revenue Bonds as follows: Series Future 1996 Additional Lon~ Ran~e Strategic t'lan BondJssues (1995-2002) TOTAL Bonds Bonds (in millions) Pinellas County Gas Main & Service Extensions $7.54 $.83 $ 6.71 Pinellas IffiErovements 2.62 .36 2.26 Pinellas Re ocation 6.58 1.32 5.26 Pinellas Land, Bldg. & Equip 1.71 .07 1.64 Pasco County Gas Main & Service Extensions & LP 14.63 5.42 9.21 Pasco Relocation .43 0 .43 Pasco Land, Bldg. & Equip .L.22 ...il u.a Subtotal Net Capital Requirements for Strategic $35.50 $8.51 $30.80 Plan Expansion Allowance for Bond Expenses & Debt Service 5.00 ...Ll2 Reserve Fund ..l..Bl Total Gas Revenue Bond Issues Projected $40.50 $9.70 $26.75 21 . ,-. . ~------_... -~---.-.....-..-'''-' ,~. ,." J . . " :.... ' . Pasco County Territorial Dispute On June 21, 1994, Peoples Gas System, Inc., petitioned the Florida Public Service Commission (FPSC) to resolve a territorial dispute between Peoples Gas System (" PGS") and the Clearwater Gas System relating to the Pasco County service territory. PGS asked the FPSC to deny the System the Pasco County territory and to certify the area for PGS. The dispute was settled in the spring of 1995, with the settlement providing the System with 117 square miles of expanded service territory in southwestern Pasco County. However, the settlement also precl udes the System from expanding to the north and east in Pasco County, which service areas were assigned to PGS. Environmental Remediation Costs; Environmental Imposition Rate Adjustment In December 1993, the Florida ~ment of Environmental Protection ("FDEP") informed the City that it intended to pursue an mvestigation of the City of Clearwater Manufactured Gas Plant (the "Former Plant") site which was located from the 1920's through about 1960 at the current site of the System's Administrative Offices and Pinellas Operations Center. The main components of the Former Plant were removed between 1960 and 1985 and the site is currently paved. An initial investigation by the Federal Environmental Protection Agency in the late 1980's determined that no serious health hazards existed at this site but referred it to the FDEP for future monitoring. During 1995, the System completed the required Comprehensive Assessment Plan (CAP) and removed two fuel oil storage tanks found during the 1995 site investigation. In 1996 the System will continue the site investigation for possible contamination, which may include contamination from the operations of not only the Former Plant but also the City Fleet Maintenance Facility, City Incinerator and City Paint Shop which were all located on this SIte over the years. CGS also plans to abandon several existing gas mains which are located on the site and have experienced leakage problems in recent years. The City has retained the services of both an environmental attorney and an environmental consultant to assist with the site investigation. The City has negotiated through its environmental attorney an interlocal agreement with the FDEP to facilitate a review of the site investigation findings. The interlocal agreement was ratified by the City Commission on March 7, 1996, and is awaiting approval by the FDEP. Although the System operated the Former Plant in full compliance with all then-applicable environmental rules, the current review is being undertaken under more stringent environmental requirements imposed in recent years to ensure that any contamination at the site will not adversel y affect the water supply. Environmental Consulting & Technology, Inc. (ECT) of Tampa, Florida, has been retained as the System's environmental consultant. During 1995 ECT, with the assistance of the Syste.m's crews, drilled holes and excavated a small segment of the Former Plant site in order to prepare the CAP. ECT submitted a revised Contamination Assessment Plan ("CAP") to FDEP on November 2, 1995. While there has been a conceptual agreement on the CAP, to date, no final FDEP approval has been received. At this time, it is not possible to estimate the cost of cleaning up the site as the amount or type of contamination is unknown at this time. The cost of the investigation and result.ing remediation of the site will be funded through an Environmental Imposition Adjustment (EIA) applicable to all finn standard natural gas therm rates and standard propane (LP) gallon rates. The EIA permits the System to recover the cost of environmental costs Imposed on the System by federal, state and 22 local regulatory agencies. The current EIA is $0.005 per therm or gallon of usage which has been collected since October 1, 1995. Through January 1996, $22,948.24 of the total $135,778.33 of environmental costs actually expended has been recovered through the ErA. MUNICIPAL BOND INSURANCE The following information has been furnished by [Insurer) (the "Insurer") for use in this Official Statement. Reference is made to Appendix E for a specImen of the Insurer's policy. THE CITY AND PINELLAS COUNTY The City is a municipal corporation organized and existing under the laws of the State of Florida. The City is located in the middle of the west coast of Florida on the Gulf of Mexico and has a population of 102,590 as of 1995. Its City limits comprise approximately 26.3 square miles of land and 8.5 square miles of waterways and lakes. The City is governed by a City Commission and operates under a Commission-Manager form of government. The City Commission appoints a full-time City Manager and a full-time City Attorney. A full-time Director of Finance has the responsibility for all financial operations of the City, and is appointed by the City Manager. Also, an internal audit director is appointed by the City Manager and serves full time. The Ci~ is primarily a resort and residential community. The City has many recreational facilities includmg tennis, golf, boating, fishing, water sports, and recreatIOnal paths. During the winter months, the hotels, motels, and restaurants fill with visiting tourists and winter residents. The City offers over 42 acres of public beach front. The City of Clearwater and the other municipalities served by the System are located in Pinellas County, Florida. Pinellas County is the second smallest county in the state in land mass, but is the fourth most populated county in Florida and the most densely populated with nearly 870,722 residents. Major private employers in Pinellas County include an electric utility holding company, a television merchandiser, several hospitals, a newspaper publisher, and a retailer's corporate headquarters. Tourism is the largest industry in Pinellas County. Further information on the City is contained in Appendix A - "GENERAL INFORMATION RELATING TO THE CITY OF CLEARWATER, FLORIDA." 23 .- - -.--" ,~~ _.- --...~-- -~.- -- - .. ',i', : - -B "'0 ~ C ..... J:J e 8 ~ "'0 fa V) "'0 ~ \0 ~ - ~ 'C Q) en Q) -5 -c ~ CI'.l -c i ~ a r-l '5 t) CLc ~ 4) oS = fJ'} 0 - F- U'2 Q) = B ~ Q .5 ~ i !. ~ .- 0 '2 . 0 ~11 u ot! J!} .- COO 5.5 ~~ ~~ ~.8 ~~ ]~ ..... -€..c:: cBij ~~ 8 ..... C: ~ ~. c: .- J:J e 8 J ~ oj ~~O~~~~~~~~~O~~OO~8~~~~~~~~0~~ 0 ~~ ~~~M-~~N~N~~~~ ~~~N~~~~~~~ ~ ~~NN-OOO~~OON~~OO~~~~-~~~~~NO~~~ M ~~~~~~O~~O~~~M~~~MO~~~~~~~OO~~ ~ ~~~NOOO~~NO~V-OO~-~~~~NOO~O~_~_~ ~ ~~~~~oo~ooooOO~~~~~~~~~~V~~MNN__ ~ ~ ~ ~ - ~ J J ~~~~~8-~~~~!~~~~~~~~~~~~~~!~~~~ ~ ~~~oo N~\OOO-~~~N~~~~~~O~OON~_~N~ ~ NNNN~~~MMVVV~~~~~~~~~~~~~OO~~~ ~ ~ ~ ~ - (I=} -g ~ 'fi- ~~-g ~ ~~OO~8-N~8~~~~80-N~V~~~OO~0-N~~ ~~~~ 808 8888 ----------NNNNN ~~~~ 0 000000000000000 ----NNNNNNNNNNNNNNNNNNNNNNNNN "3 ~ Fiscal Year Ending Gross Revenues (1) Cost of 9;>eration and MaIntenance (1) Net Revenues Maximum Annual Debt Service (2) Coverage of Projected Maximum Annual Debt Service by Net Revenues .l223 $12,562,105 2.3M.2.8l 3,197,124 ~ $13,316,619 10,220. 1M. 3,096,455 .l22i $13,672,905 ]Or555,346 3,117,559 HISTORICAL COVERAGE OF MAXIMUM DEBT SERVICE BY THE SYSTEM NET REVENUES (l) City of Clearwater, Annual Financial Reports (Audited). (2) Aggregate Debt Service for Series 1996 Bonds and Parity Bonds. RA TINGS Moody's Investors Service, Inc. and Standard & Poor's Corporation have assigned the Series 1996 Bonds ratings of " "and" ", respectively, to the Series 1996 Bonds [with the understanding that an insurance policy insuring the payment when due of the principal of and interest on the Series 1996 Bonds will be issued by the Insurer]. Such ratings reflect the views of the rating agencies and an explanation of the sigmficance of such ratings may be obtained only from the rating agencies fumlshin~ the same. There is no assurance that such ratings may be continued for any given period of time or that they will not be revised downward or withdrawn entirely by such rating agencies, if in its judgment, circumstances so warrant. Any such downward revisions or withdrawal of such ratings may have an adverse effect on the market price of the Series 1996 Bonds. For any additional description of ratings and their meanings, Moody's Investors Service, .Inc. and Standard & Poor's Corporation should be contacted. LEGALITY Certain legal matters in connection with the issuance of the Series 1996 Bonds are subject to the approval of Bryant, Miller and Olive, P .A., Tallahassee, Florida, Bond Counsel, whose Bond Counsel opinion will be available at the time of delivery of the Series 1996 Bonds. The proposed form of such opinion of Bond Counsel is attached to this Official Statement as Exhibit D. Certain legal matters will be passed upon for the City by Pamela K. Akin, Esquire, City Attorney and by its disclosure counsel, Nabors, Giblin & Nickerson, P.A., Tampa, Florida. TAX EXEMPfION The Internal Revenue Code of 1986, as amended (the "Code") establishes certain requirements which must be met subsequent to the issuance and delivery of the Series 1996 Bonds in order that interest on the Series 1996 Bonds be and remain excluded from gross income for purposes of federal income taxation. Non-compliance may cause interest on the Series 1996 Bonds to be included in federal gross income retroactive to the date of issuance of the Series 1996 25 g Bonds, regardless of the date on which such non-compliance occurs or is ascertained. These requirements include, but are not limited to, provisions which prescribe yield and other limits within which the proceeds of the Series 1996 Bonds and the other amounts are to be invested and require that certain investment earnings on the foregoin~ must be rebated on a periodic basis to the Treasury Department of the United States. The CIty has covenanted in the Ordinance to comply with such requirements in order to maintain the exclusion from federal gross income of the interest on the Series 1996 Bonds. In the opinion of Bond Counsel, assurrUng compliance with the aforementioned covenants, under existing laws, regulations, judicial decisions and rulings, interest on the Series 1996 Bonds is excluded from gross income for purposes of federal income taxation. Interest on the Series 1996 Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals or corporations; however, interest on the Series 1996 Bonds may be subject to the alternative minimum tax when any Bond is held by a corporation. The alternative minimum taxable income of a corporation must be increased by 75 % of the excess of such corporation's adjusted current earnings over its alternative minimum taxable income (before this adjustment and the alternative tax net operating loss deduction). "Adjusted Current Earnings" will include interest on the Series 1996 Bonds. The Series 1996 Bonds are exempt from all present intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes. Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of Series 1996 Bonds. Prospective purchasers of Series 1996 Bonds should be aware that the ownership of Series 1996 Bonds may result in collateral federal income tax consequences, including (i) the denial of a deduction for interest on indebtedness incurred or contInued to purchase or carry Series 1996 Bonds, (ii) the reduction of the loss reserve deduction for property and casualty insurance companies by 15 % of certain items, including interest on the Senes 1996 Bonds, (ill) for taxable years beginnmg before January 1, 1996, the inclusion of interest on Series 1996 Bonds in "modified alternative minimum taxable income" for purposes of the environmental tax imposed on corporations, (iv) the inclusion of interest on the Senes 1996 Bonds in earnings of certain foreign corporations doing business in the United States for purposes of a branch profits tax, (v) the inclusion of interest on Series 1996 Bonds in passive income subject to federal income taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close of the taxable year, and (vi) the Inclusion of interest on the Series 1996 Bonds in "modified adjusted gross income" by recipients of certain Social Security and Railroad Retirement benefits for purposes of determining whether such benefits are included In gross income for federal income tax purposes. PURCHASE, OWNERSlllP, SALE OR DISPOSITION OF THE SERIES 1996 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON tvlA Y HA VB ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFOR~1ATION IN THAT REGARD. During recent years legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 1996 Bonds. In some cases these proposals have contained provisions that altered these consequences on a retroactive basis. Such alteration of federal tax consequences may have affected the market value of obligations similar to the Series 1996 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of Series 1996 Bonds and their market value. No assurance can be given that legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 1996 Bonds. 26 UNDERWRITING Tax Treatment of Original Issue Discount Under the Code, the difference between the maturity amounts of the Series 1996 Bonds maturing in the years through , inclusive, and the initial offering price to the public, excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers, at which price a substantial amount of Series 1996 Bonds of the same maturity was sold is "original issue discount." Original issue discount will accrue over the term of such Series 1996 Bonds at a constant interest rate compounded periodically. A purchaser who acquires such Series 1996 Bonds in the initial offering at a price ~ual to the initial offering price thereof to the public will be treated as receiving an amount of mterest excludable from gross income for federal income tax purposes equal to the original issue discount accruing during the period he holds such Series 1996 Bonds, and will increase his adjusted basis in such Series 1996 Bonds by the amount of such accruing discount for purposes of determining taxable gain or loss on the sale or other disposition of such Series 1996 Bonds. The federal income tax consequences of the purchaser, ownershi!, and redemption, sale or other disposition of Series 1996 Bonds which are not purchased in the imtial offering at the initial offering price may be determined according to rules which differ from those above. Owners of such Senes 1996 Bonds should consult their own tax advisors with respect to the precise determination for federal income tax purposes of interest accrued upon sale, redemption or other disposition of Series 1996 Bonds and with respect to the state and lC>cal tax consequences of owning and disposing of Series 1996 Bonds. The Series 1996A Bonds are being purchased by the Underwriters from the City at an aggregate purchase price of $ (par less underwriter's discount and original issue discount on certain of the Series 1996A Bonds), plus accrued interest on the Series 1996A Bonds. The Underwriters are jointly and severally obligated to purchase all the Series 1996A Bonds if any are purchased. Following the initial public offering, the public offering prices may be changed from time to time by the Underwriters. The Series 1996B Bonds are being purchased by the Underwriters from the City at an aggregate purchase price of $ (par less underwriter's discount and original issue discount on certain of the Senes 1996B Bonas), plus accrued interest on the Series 1996B Bonds. The Underwriters are jointly and severally obligated to purchase all the Series 1996B Bonds if any are purchased. Following the initial public offering, the public offering prices may be changed from time to time by the Underwriters. The Series 1996 Bonds may be offered and sold to certain dealers (including underwriters and other dealers depositing such Bonds into investment trusts) and others at prices lower than the public offering prices set forth on the cover page of this Official Statement. INVESTMENT POLICY OF THE CITY Pursuant to the requirements of Section 218.45, Florida Statutes, the City adopted a written investment poli9' which applies to all funds held by or for the benefit of the City Conumssion (except for proceeds of bond issues which are deposited in escrow and debt service funds and governed by theIr bond documents) and funds of Constitutional Officers and other component units of the City. 27 .... . - -_..-~_.~- -. . The objectives of the investment policy, listed in order in order ofimportance, are: 1. 2. 3. Safety of principal ProVIsion of sufficient liquidity Optimization of return within the constraints of safety and liquidity The investment policy limits the securities eligible for inclusion in the City's portfolio. The City will attempt to maintain a weighted average maturity of its investments at or below three years; however~ the average maturity of investments may not exceed four years. To enhance safety, the investment policy r~uires the diversification of the portfolio to reduce the risk of loss resulting from over-concentration of assets in a specific class of security. The investment policy also requires the preparation of periodic reports for the City Commission of all outstanding secunties by class or type, book value, income earned and market value as of the report date. Notwithstanding the foregoing, moneys held in the funds and accounts established under the Ordinance may be invested only in Pennitted Investments, as described in the Ordinance. VALIDA TION The Series 1996A Bonds were validated pursuant to Chapter 75, Florida Statutes, by judgment rendered on (Validation Date], of the CircUlt Court of the Sixth Judicial Circuit, in and for Pinellas County, Flonda. The time for filing an appeal of said judgment has expired with no such appeal having been filed. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 1996 Bonds under the Ordinance (and the policy of municipal bond insurance referred to herein) are in many respects dependent upon judicial actions whicn are often subject to discretion and delay. Under existlOg constitutional and statutory law and judicial decisions, including specifically Title 11 of the United States Code, the remedies specified by the Federal Bankruptcy Code, the Ordinance and any policy of municipal bond insurance referred to herein may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Senes 1996 Bonds (including Bond Counsel's approving opinion) will be qualified, as to the enforceability of the various legal instruments, by lImitations Imposed by bankruptcy, reorganization, insolvency, or other similar laws affecting the rights of creditors or by such {Jrinciples of equity as the court having jurisdiction may impose with respect to certain remedies whIch require or may require enforcement by a court of equity. LITIGATION There is no litigation or controversy of any nature now pending or threatened (i) to restrain or enjoin the issuance, sale, execution or delivery of the Series 1996 Bonds or (ii) in any way questioning or affecting the validity of the Series 1996 Bonds, the Ordinance, any proceedings of the City taken with respect to the authorization, sale or issuance of the Series 1996 Bonds or the pledge or application of any moneys provided for the payment of the Series 1996 Bonds, including the Net Revenues of the System. The City is a party from time to time in various law suits involving the City generally, and believes that none of the actions currently pending will have a material effect upon the finances of the City or of the System. 28 , . " . .. . , , ,", . , . ~ .... . ~ ' , , ' , - ~, ',' . ..,' . . ,. , ....... ". .:....::.~,...:..,..,,~:....,. . ..... , .' ,_.~~-~-~~~~~ #~ -~ ~. _ P"_~ . --..-,..-.- ~- . ~ . . , ." . . . , ' . . GENERAL PURPOSE FINANCIAL STATEMENTS The excerpts from the General Purpose Financial Statements and other information of the City for the fiscal year t;nded September 30, 1995, are included in Ap~ndix B to this Official Statement. Such excerpts from the City's Comprehensive Annual FinanCIal Report, including the auditor's report thereon, have been included 10 this Official Statement as public documents and consent from the auditors was not requested. The auditors have not performed any services relating to, and are therefore not assocIated with, the issuance of the Series 1996 Bonds. FINANCIAL ADVISOR The City has retained Raymond James & Associates, Inc., St. Petersburg, Florida, as financial advisor (the "Financial Advisor") to the City in connection with the preparation of the City's plan of financing and with respect to the authorization and issuance of the Series 1996 Bonds. Althou~h the Financial Advisor assisted in the preparation of this Official Statement, the Financial AdVIsor has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness or fairness of the information contained in this Official Statemen 1. ADVISORS AND CONSULTANTS The City has retained advisors and consultants in connection with the issuance of the Series 1996 Bonds. These advisors and consultants are compensated from a portion of the proceeds of the Series 1996 Bonds, identified as "Costs of Issuance" under the heading "ESTIMA TED SOURCES AND USES OF FUNDS" herein; and other compensation, is, in some instances, contingent upon the issuance of the Bonds and the receipt of the proceeds thereof. FinancUi/ Advisor. The City has retained Raymond James & Associates, Inc., St. Petersburg, Florida, as financial advisor (the "Financial Advisor") in connection with the preparation of the City's plan of financing and with respect to the authorization and issuance of the Series 1996 Bonds. The fees of the Financial Advisor will be paid from proceeds of the Series 1996 Bonds and such payment is contingent upon the issuance of the Series 1996 Bonds. Bond Counsel. Bryant, Miller and Olive, P.A., Tallahassee, Florida represents the City as Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds, and such payment is contingent upon the issuance of the Bonds. Disclosure Counsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida represents the City as Disclosure Counsel. The fees of Disclosure Counsel will be paid from proceeds of the Bonds, and such payment is contingent upon the issuance of the Bonds. CONTINUING DISCLOSURE The City has covenanted for the benefit of the holders and beneficial owners of the Series 1996 Bonds to provide certain financial information and operating data relating to the City by not later than June 1 in each year commencing June 1, 1997 (the "Annual Report"), and to provide notices of the occurrence of certain enumerated events, if deemed by the City to be material. The 29 ..;. -'--~-~"'~-'----- -----. ~-~._..~ ~..._...---_. ~, ' Annual Report will be filed by the City with each Nationally Recognized Municipal Securities Information Repository ("NRMSIR"), and with the State of Florida Repository, if and when created. The notices of material events will be filed by the City with the NRMSIR and with the State of Florida Repository, if and when created. The specific nature of the information to be contained in the Annual Report or the notices of material events is summarized below under the caption "APPENDIX E - Summary of Continuing Disclosure Certificate." These covenants have been made in order to assist the Underwriters in complying with S.E.C. Rule 15c2-12(b)(5). The City has never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of material events. MISCELLANEOUS All information included herein has been provided by the City, except where attributed to other sources. The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such reference or summary is qualified in its entirety by reference to each such document, statute, report or other instrument. Copies of all such documents referred to herein are on file with the City Clerk of the City at 112 South Osceola Avenue, Clearwater, Florida 34616. The information herein has been compiled from official and other sources and, while not guaranteed by the City, is believed to be correct. As far as any statements made in this Official Statement and the appendices attached hereto involve matters of opinion or of estimates, whether or not expressly stated, they are set forth as such and not as representations of fact and no representation is made that any of the estimates will be realized. AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT The delivery of this Official Statement has been authorized by the City. Commission. Concurrently with the delivery of the Series 1996 Bonds, the undersigned WIll furnish their certificate to the effect that, to the best of their knowledge, this Official Statement did not as of its date, and does not as of the date of delivery of the Series 1996 Bonds, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purpose for which this Official Statement is to be used, or which is necessary in order to make the statements contained therein, in the light of the circumstances in which they were made, not misleading. CITY OF CLEARWATER, FLORIDA By: Mayor-Commissioner By: City Manager 30 ~.\"~'''' l".' ': '.' APPENDIX A GENERAL INFORMATION RELATING TO THE CITY OF CLEARWATER, FLORIDA APPENDIX A > , GENERAL INFORMA nON RELATING TO THE CITY OF CLEARWATER, FLORIDA Location The City of Clearwater (the "City"), the county seat of Pinellas County (the fifth most populous county in Florida), is geographically located in the middle of the west coast of Florida on the Gulf of Mexico. It is situated approximately 22 miles west of Tampa and 16 miles north of St. Petersburg. Standing on the highest coastal elevation of the State, the City limits comprise approximately 26.3 square miles of land and 8.5 square miles of waterways and lakes. Clearwater Beech, a corporate part of the City, is a beach community connected to the mainland by Memorial Causeway, a four-lane, toU-free drive stretching almost two miles across Clearwater Harbor. Business on Clearwater Beach is mainly tourist oriented, with hotels, motels and gift shops. Many fine homes, apartments and condominiums offer pleasant, semi-tropica1 island accommodations to permanent residents and winter and summer visitors. History The area. now known as Clearwater was first explored in 1528 by PanfiJe de Narvaez, a Spanish explorer who encountered a large tnbe of Indians, which his anny drove out. The Indians recaptured their territory and held it until the Seminole Wars of 1835-42. Tbe Indians who inhabited this area are said to have called it · Pocotopaug , " meaning .clear water," for the many springs of clear, fresh water that bubbled along the shore and even below the waterline at low tide. Settlers began moving into the area around the time of the Seminole Wars. After the wars ended, the territory was opened by the Federal government for homesteading under the Armed Occupation Act. The first land title was granted in 1842. The early settlement, named "Clear Water Harbor," was incorporated in 1897. "Clear Water" later became ODe word and "Harbor" was dropped in 1906 when Pinellas County was created by an act of the State Legislature. In May 1911, Clearwater became the County Seat and Clearwater was chartered as a municipality on May 27, 1915. Government and Administration Clearwater bas a commission-city manager form of government. Four commissioners and a mayor-<:ommissioner are elected at large to serve overlapping three-year tenns. Tbey appoint the city manager and the city attorney. All other administrative and professional positions are appointed by the city manager in accordance with the City's Civil Service System. The City bas approximately 1,600 employees, covered by the City's Civil Service law relating to recruitment, promotion, evaluation and discipline based on merit principles. Four employee unions represent the City's civil labor force: two units of the Fraternal Order of Police; one of the International Association of Fire Fighters; and one from the Communications Workers of America. Transportation PinelJas County and Clearwater are served by three major causeways and bridges over Tampa Bay, by U.S. 19 and 1-275 to the north and south, by 1-4 and U.S. 60 to the east. State Roads 590, 686 and '55 also afford access to the City. Tampa International Airport, located approximately twenty miles from downtown Clearwater, provides air travel acce6S with approximately 260 national and international flights daily. Limousine and taxi service to and from the airport is available from Clearwater and throughout Pinellas County. St. Petersburg/Clearwater International Airport, five miles from downtown Clearwater, offers regularly scheduled pRSsenger service and charter and special group flights, on a more ~~ - _....-~ ._~--~~ --- -. ~ -- . . . '.' . limit<<J basis to both c.Iomestic and foreign destinations, particularly to Canada, Mexico. and Central and South America. Tbe Executive Airpark, which is slightly over a mile from the downtown business section. provides service and IJUlQvf'OllllCe for private plane owners. The airport has one 3.000 foot hard-surface runway and facilities for visiting and locally based planes. The Port of Tampa (22 miles to the east) is the closest deep water port. The port is serviced by a variety of steemsbip agems and operators. TIle United States Coast Guard maintains an air station at the St. Petersburg/Clearwater International Airport. and a search and sea rescue cutter station on Clearwater Harbor opposite Sand Key. Gulf Coast Motor Lines provides service daily between Clearwater. St. Petersburg and Tam.pa and makes connections with Greyhound and Trailways Bus Lines in Tampa. Scenic tours are available via Gray Line out of Clearwater and St. Petersburg. and both Gray Line and Gulf Coast have buses for charter. Pinellas Suncoa.st Transit System mAintains S4 routes in 19 municipalities in Pinellas County. Utilities, Public Service and Community Facilities 1'be City owns and ~ its own water and wastewater collection systems. Water is obtained from 17 deep wells owned and operated by the City (approximately 20-25 %) and from wholesale purchases from the Pinellas County Water System (approximately 75-80%). Total daily average is approximately 14.5 million gallons per day. Tbe wastewater collection program provides for the transmission of wastewater through the City's underground sewer mains. collectors and interceptor lines and for the maintenance. repair and replacement of 321.2 miles of sanitary sewer lines. The Department of Public Works maintains 301.5 miles of paved streets, 3.9 miles of paved alleys and 1.7 miles of UDp8ved streets. approximately 120 miles of storm sewers. 34 miles of ditches, including storm manholes. catoh basins and other drainage structures. Electric power is provided by Florida Power Corporation and telephone service is provided by General Te1epbooe Company. 1'ime Warner provides cable television service under a franchise with the City. Loca1 editions of the daily St. Petersburg Times mxl The Tampa Tnbune, plus weekly newspapers from adjacent Dunedin, Largo. Seminole and Clearwater Beach are widely distnbuted. 1De Clearwater Public Library System consists of a main library and four branches which are spread evenly throughout the community for easy access. The City offers over 42 acres of public beach front. parks. playgrounds. athletic courts and fields. pools. a 7.350 seat baseball and softball stadium. golf course. civic and recreational centers. 5 miles of recreational paths, boat ramps and a 210 slip yacht basin and marina. The Philadelphia Phillies conduct spring training at the municipal baseball stadium and have a long-term contract for farm club training on Clearwater's specially constructed facilities during the Winter Instructional League Program. Clearwater is the home of the Clearwater Bombers, a national amateur fastpitch softball team. Tourism The State Division of Tourism reported that approximately 41.000.000 tourists came to Florida during 1994. Approximately 3.891.593 of them visited the Clearwater/St. Petersburg area. Clearwater's Fun 'N Sun Festival each spring attracts thousands of visitors. Education The Pinellas Cowty School System operates 80 elementary schools, 23 middle schools and 15 high schools and S excepiooal. 27 alternative and 12 vocational schools within the County. In the fall of 1995 there were approximately 102,287 studeUs enrolled in kindergarten through the 12th grade. Private schools and academies are also located within or near the City limits. The Pinellas County School System offers vocational and adult education at facilities in or adjacent to the City. In addition, St. Petersburg Junior College has a Clearwater campus. Eckerd College in St. Pder'sWrg. Beacon College in Largo, Stetson University College of Law in Gulfport, the University of South Florida and the University of Tampa in Tampa offer nearby college and post-graduate education A-2 " ladustry, Commerce and Labor Light, clean industry is encouraged in Clearwater. In 1957, the City of Clearwater developed a 100 acre DUstriaI parle adjaceot to the Clearwater Airpark (Executive Airport) and to the CSX Transportation Company. There is also a privately owned, 3S acre industrial park. Large industries located near Clearwater include Honeywell, General Electric, UNISYS, Concept and Hercules Defense Electronics Systems, Inc. Pension Plan Tbe Employees' Pension Plan and the Fireman's Pension Plan are self.administered by the City. As of SeJtember 30, 1995, the funding of which is being amortized over a 35 year period for the Fireman's Plan, and over a 40 yeU' perkxl for the Employees' Plan (except for a portion of net actuarial deficiency resulting from Plan amendments approved in December 1978, and from changes in actuarial assumptions which are being funded over 30 year periods). City COIiributioos for fiscal year 1994-1995 were $2,630,293 to the Employees' Plan and $826,006 to the Fireman's Plan, aDd wero in accordance with actuarially determined funding requirements. In addition, supplemental pensions exist for eligible Police and Fire employees, funded from excise taxes OD gross receipts from premiums on certain insurance policies covering property in Clearwater, collected by the State and remitted to the City. Neither the City nor the employees contnoute under these plans, Both plans require benefits to be adjusted to equal funds assets provided by the defined contributions. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] A.3 t^-.. ~ Demographic Infonnation Last Ten Fiscal Years (a) (b) (c) (d) (e) Permanent Per Capita Median School Unemployment Yw PQpulation Income A~e Enrollment Rate (%) 1986 97 ,882 $17,039 Not avail. 10,494 5.3 1987 99,124 17,947 Not avail. 10,797 5.0 1988 100,202 19,317 Not avail. 10,922 4.7 1989 101,082 21,2S5 N~ avail. 10,796 5.3 1990 98,784 21,881 Not avail. 10,732 4.8 1991 99,475 22,059 42.1 11 ,572 6.1 1992 100,166 22,958 42.3 11,921 5.4 1993 100,857 24,470 42.3 11,584 6.1 1994 101,548 26,473 42.9 10,043 5.5 1995 102,590 22.898 42.2 10,284 4.6 (a) 1986-1989, U.S. Bureau of Census estimate; 1990 Census; 1991-1995, University of Florida, Bureau of Economic and Business Research (estimated as of April 1). (b) Data is for Pioellas County, but should also approximate Clearwater levels. 1986-1989, U.S. Department of Commerce, Bureau of Economic Analysis; 1990-1994, Florida Trend Magazine; 1995 University of Florida, Bureau of Economic and Business Research Statistical Abstract. (c) Pine1las County level data, but should also approximate Clearwater levels. 1993, St. Petersburg Times Research Bureau; 1991-1992, U.S. Bureau of the Census; 1994, Sales ROd Marketine MRMeement, Survey of Buying Power; 1995 University of Florida, Bureau of Economic and Business Research Statistical Abstract. (d) 1986-1990, Clearwater Planning Department population pro rata estimate of Pinellas County School Board County level data for public schools; 1991-1994, Pinellas County School Board; 1995 University of Florida, Bureau of Economic and Business Research Statistical Abstract. (e) Data is for Tampa/St. Petersburg MSA. Source of data is the Florida Bureau of Labor Market Information. Published by the Florida Department of Labor and Employment Security. NOTE: Data is for an unspecified point in each year, not specifically September 30. A-4 I . . -- ~ - --- .-- ~--. .- ~ - - -_. - ~ . . .' . Property Values, Construction, and Bank Deposits Last Ten Fiscal Years 'j", Commercial Constroction Residential Constnlction Miscellaneous Constructionl.) Fiscal Number Number Number Bank Deposits(\>) Year of Permits ~ of Pennits ~ of Permits ~ (in thousands) 1986 597 $61,7261247 1,244 $83.486,773 3,005 $ 6,766,508 $13,346,260 1987 626 42,649,623 1,378 46,939,249 4,454 9,198,587 13,898,322 1988 731 45,5101427 1,385 42,150,294 3,411 13,219,492 14,807,126 1989 705 121,5541308 1,127 37,140,105 4,326 22,579,744 15,440,681 1990 782 47,382,330 1,018 74,169,490 4,991 16,983,323 15,600,212 1991 626 24,250,916 1,260 34,937,357 5,906 17,452,664 15,285,415 1992 557 32,7651807 1 , 137 25,956,314 5,940 18,020,294 14,360,597 1993 1 ,693 42,051,081 3,885 29,296,168 6,799 20,113,175 13,853,289 1994 1,831 37, 164A37 3,882 49,950,413 61063 17,922,023 13,274,660 1995 1,775 77,486,099 3,747 53,6141754 6,827 28,843,480 13,362,164 <a> Includes institutions, churches 1 seawalls, pools and non-valued building permits. (b) Includes balances in commercial, savings, savings and loan, and building and loan banking institutions for Pinellas CouJiy. Data from the Florida Bankers Association Branch Deposit Report of Florida Bank and Thrift Institutions . Ten Largest Private Employers In Pinellas County 1994 Name of EmplQyer Type of Business Number of Employees Home Shopping Network Jack Eckerd Corp. Morton Plant Hospital Bayfront Medical Center Times Publishing Co. All Children's Hospital ..Mease Hospital E-Systems AT& Paradyne Honeywell Space Systems Group Merchandising Drugs and other retail Hospital Hospital Newspaper Hospital Hospital Defense Electronic Systems Data Communications i\erospace/J\vionics 5,000 3,375 3,215 2,300 2,000 1,857 1,750 1,700 1,583 1,500 Source: Pinellas County Economic Development Council, 1994. A-5 Assessed and Estimated Actual Property Valuations Last Ten Fiscal Years Assessed Valuations(l) Fiscal Non-Exempt Personal Other Total Total Year Real Estate Pl"Qpe~ Property(b) Taxable Exempt(e) Total All 1986 $2,724,424,890 $289,744,250 $586,416 $3,014,755,556 $ 977,758,085 $3,992,513,641 1987 3,080,652,280 313,835,680 817,629 3,395,305,589 1,001,043,393 4,396,348,982 1988 3,270,695,390 349,895,280 545,157 3,621,135,827 1,081,534,811 4,702,670,638 1989 3,388,838,210 352,914,960 484,002 3,742,237,172 1,148,090,371 4,890,327,543 1990 3,485,372,470 370,827,590 484,376 3,856,684,436 1,192,855,367 5,049,539,803 1991 3,745,222,768 378,841,070 500,188 4,124,564,026 1,232,097,193 5,356,661,219 1992 3,799,734,064 379,338,740 509 ,202 4,179,582,006 1,296,139,766 5,475,721,772 1993 3,800,740,889 386,831,160 532,486 4,188,104,535 1,317,255,941 5,505,360,476 1994 3,789,902,836 390,841,880 569,338 4,181,314,054 1,391,537,458 5,572,851,512 1995 3,782,134,930 403,392,150 580,731 4,186,107,811 1,455,095,094 5,641,202,905 (a) Valuation is established by the County Property Appraiser as of December 31 of the calendar year preceding the beginning of the applicable Fiscal Year of the City that begins October 1 of the following calendar year. (b) Railroad and Telegraph Companies. (c) Includes goveJ'llll\P.Z\t.al, educatiooal, qualified religious, literary, scientific, and health care properties and special exemptions for individual property owners. Qualified property owners are entitled to a $25,000 homestead exemption based on residency requirement. Property Tax Levies and Collections Last Ten Fiscal Years Percent Percent of of Total Delinquent Current Percent of Delinquent Collections Outstanding Taxes to Fiscal Total Tax Levy Tax TOIAI Tax To Current Delinquent Current -XaL. Tax Levy Collections. Collected Collections Collections Levy Taxes LeVY 1986 $13,442,331 $13,259,621 98.64 S 12,077 SI3,271,698 98.73 $ 611 ,497 4.55 1987 15,104,352 14,842,656 98.27 6,252 14,848,908 98.31 866,941 5.74 1988 18,093.427 17.855,707 98.69 77 ,643 17,933,350 99.12 1.027,018 5.68 1989 18,999.668 18,818,443 99.05 189,760 19.008,203 100.04 1,018,483 5.36 1990 19,676,174 19,474,325 98.97 35,223 19.509,548 99.15 1,185,109 6.02 1991 21,336,807 21,145,636 99.10 95,735 21,241,371 99.55 1,280,545 6.00 1992 21,369.980 21,075,554 98.62 109,316 21,184,870 99.13 1,387,456 6.49 1993 21,408,489 20,947,194 97.85 199,638 21,146,832 98.78 1,438,116 6.72 1994 21,281.744 21,154,946 99.40 603,226 21,758,172 102.24 946,874 4.45 1995 21,458,160 21,388,692 99.68 159,918 21.548,610 100.42 856.443 3.99 * Collections are reported at the gross amount before any discount allowances. A-6 ~. '. - --- -.- --.-,. . --~ - ~ -..- -- ~ , . . Property Tax Rates - All Direct and Overlapping Governments (per $1,000 of Assessed Value) Last Ten Fiscal Years Downtown County Emcracncy Fileal Develop- School TranJil Medical ...xw.. ~ menl'" .1lwsl ~ ~ Services ~ IWA1 1986 4.4558 1 . ()()() 7.2450 4.139 .4315 .886 .6955 18.8528 1987 4.4558 1.000 7.5020 4.258 .4536 .931 .7013 19.3017 1988 5.??oo 1. ()()() 7.3370 4.915 .4987 .931 1.2933 20.9750 1989 5 .1 ()()() .250 7.6500 4.909 .5135 .931 l.3n5 20.7310 1990 5 .1 ()()() .860 8.5330 5.280 .5743 1.060 .9617 22.3690 1991 5.2037 1 . ()()() 8.7660 5.234 .5743 .700 1.0964 22.5744 1992 5.1158 1 . ()()() 8.6260 5.495 .5893 .700 1.1560 22.6821 1993 5.1158 J . ()()() 9.??oo 5.417 .5893 .850 1.1820 23.1541 1m 5.1158 1 . ()()() 9.0820 5.429 .6697 .872 1.4221 23.5906 1995 5.1158 1. ()()() 9.3590 5.585 .6697 .806 I .6308 24.1663 <a) A separate taxing district established by referendum which affects only downtown properties. (b) Other includes Pinellas County Planning Council (.0256); Juvenile Welfare Board (.7822); SW Florida Water Management District (.4220); Pinellas Anclote River Basin (.2650). Ten Largest Taxpayers Year Ended September 30, 1995 TaJt~ers 'lYve of Business Assessed Value Percentage to Total Assessed Value Bellwether Prop. LP Ltd. MacLean, Aubrey Taylor, John S. ill Sand Key Association Ltd. Sylvan Abbey Equitel H R E Properties Duff, Andrew R.t Trustee Branch Sunset Association MAS One L TD Partnership Shopping Center Shopping Center Landowner Hotel Adult Congregate Facility Motels Shopping Center Hotel & Plaza Shopping Center Office Building $74,854,700 60,028,200 32,015,200 19,305,500 18,296,000 16,185,800 14,907,000 14,392,500 14,344,500 14.133.800 1.98% 1.59 .85 .51 .48 .43 .39 .38 .38 ~ Subtotal All Others Total 278,463,200 3.503.671.730 $3.782.134.930 7.36 22M 100.00 Source: Pinellas County Property Appraiser, 1994 tax roUs for 1995 collections. A-7 ~it,~ '..,.' ,": :;-.';".'/".;'.'.' City or Cleanvater, Florida Ratio or Net General Bonded Debt to Taxable Assessed Value and Net Bonded Debt Per Capita Last Ten Fiscal Years Ratio of Net Net Taxable Net General General Assessed General BoodedDebt Bonded Fiscal Value Bonded To Assessed Debt Year PQpUlation (000) Debt(l ) Value Per CQpita 1986 fJ1 ,882 $3,014,756 $3,657,278 .12 37.36 1987 99,124 3,395,306 3,037,117 .09 30.64 1988 100,202 3,621,136 2,395,290 .07 23.90 1989 101,082 3,742,237 1,723,137 .05 17.05 1990 98,784 3,856,684 1,036,234 .03 10.49 1991 99,612 4,124,564 567,950 .01 5.70 1992 99 ,856 4,179,582 452,779 .01 4.53 1993 100,857 4,188,105 348,478 .01 3.46 1994 101,548 4,181,314 242,700 .01 2.39 1995 102,590 4,186,108 133,597 .00 1.30 (1) Gross general bonded debt less amounts on deposit in sinking funds or debt service funds. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] : A-8 . ..- - - - - - ..-;---. -- - - - - - ,,~ - " . / Assessed VaJuation of Non-Exempt Real Estate(.) $ 3,782,134,930 City of Clearwater, Florida Computation or Legal Debt Margin September 30, 1995 Times: Twenty Percent Limitation per City Charter x .20 Equals Legal Indebtedness Limitation S 756.426.986 Debt Outstanding Subject to City's Legal Debt Margin September 30, 1995 Gross Debt Less Sinking Furxl Assets Net Debt Subject to Limitation General Obligation Bonds: 1978 Series $ 450,000 $ 316,403 $ 133,597 Revenue Bonds: 1985 Public Service Tax and Bridge Revenue Bonds 1991 Gas System Revenue Bonds 2,020,000 830,446 1,189,554 26,565,063 5,321,335 21,243,728 51,160,000 8,058,500 43,101,500 300,000 193,362 106,638 7,510,000 721,030 6,788,970 8,110,000 1,076,443 7,033,557 10,720,000 194,988 10,525,012 1988 Water and Sewer Revenue Bonds 1993 Water and Sewer Revenue Bonds 1983 Parking Revenue Bonds 1994A Gas System Revenue Bonds 1995 Improvement Revenue Bonds 1986 Community Redevelopment Agency Tax Increment and Lease Revenue Bonds 1,610,000 622,455 987,545 1987 Community Redevelopment Agency Tax Increment Revenue Bonds 315,000 175,845 139,155 Notes, Mortgages and Contracts 9.007.703 661.790 8.345.913 Totals $117.767,766 $18.172.597 $99.595.169 Legal Indebtedness Margin $656.831.817 (a) Valuation listed is from 1994 tax year for 1995 coUections. A-9 ,., ,.p : Pinellas County School Board 4,114,728 14.00* 576.062 , , i , \ I I i I i t I 1 I f ~ ! i I I } ! ! City or Clearwater, Florida Computation or Direct and Overlapping Debt September 30, 1995 OovemmentJIl Unit Net Debt Outstandini Applicable to City of Clearwater Percent Amount City of Clearwater $ 450,000 100.00% $450,000 Total $.1 .026.06~ .Applicablo Net Debt Percentage is based on ratio of City to County Taxable values for 1995 collections ($3,782,134,930/$27,021,60 7.185) " i i i i I \ 1 i t I I ! 1 \ A-I0 > '{ " City or Cleanvater, Florida Gas Revenue Bonds Coverage Last Ten Fiscal Years Fiscal Gross Yw Revenues(f\) Expenses (b) 1986 $7,892,518 $6,668,975 1987 8,967,911 7,205,277 1988 9,467,621 7,240,106 1989 9,170,280 7,268,388 1990 9,566,159 7,444,007 1991 9,865,958 7,977,703 1992 11,586,605 8,116,051 1993 12,562,105 9,364,981 1994 13,316,619 10,220,164 1995 13,672,905 10,555,346 Fiscal Debt Service Requirements Yw Principal Interest LwU 1986 $70,000 $664,875 $734,875 1987 75,000 660,675 735,675 1988 75,000 655,800 730,800 1989 80,000 850,550 730,550 1990 90,000 644,550 734,550 1991 95,000 637,620 732,620 1992 488,020 488,020 1993 488,020 488,020 -.; 1994 488,020 488,020 1995 150,000 978,195 1,128,195 Net Revenues Available for Debt Service $1,223,543 1,782,634 2,227,513 1,901,892 2,122,152 1,888,255 3,470,554 3,197,124 3,096,455 3,117,559 Covern ~e 1.66 2.42 3.05 2.60 2.89 2.58 7.11 6.55 6.34 2.76 (a) Includes interest earnings and gross revenues from Gas System. (b) Excludes depreciation (and similar noncash expenses), amortization of bood discount and issue costs, bood interest, and reserve adjustments. Note: In September, 1991, the City issued $7,680,000 Gas System Revenue Bonds, Series 1991, to finance tbe cost ofadvanced refwxling $7,100,000 Gas System Revenue Bonds, Series 1983 and to pay certain costs of issuance of tile 1991 boIxIs. In ~r, 1994, the City issued $8,110,000 Gas System Revenue Bonds, Series 1994A, for additions, extensions, supplements or replacements of the existing gas system in PineIJas County, Florida. Approximately $1,340,000 is to be used to develop new gas markets. A-ll ........'v '~"":y_ ',..\ ',!"'f ,~-'" :r:*,.::-~'1 ".<.~ . :" < APPENDIX B :.. ., EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER INFORMA nON FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1995 ,. ",'.,. I 1/ , . J :,,..:'~.\-;.<,>.. ;....... '. ' ., I APPENDIX C SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE i i I' L I' ~ . i ;, . 'l . t ; , .... ':..,...... -I,'""':-;'.~~),;~~7:...~i"":-:..;:..>.:-.t_..,._, _. .. ,'--1 i I I , r j I ~ , I. APPENDIX D FORM OF CONTINUING DISCLOSURE AGREEMENT i I I I I I ! ! j I I ! l I I I i I ; I ! 1 i ! I APPENDIX E FORM OF BOND COUNSEL OPINION ~," "-:.l.: :'~ ." I. . \".t<~ f . !: .,":~!.",'t'~f~:'"~':~~';~."l<".;.,: '.'Y~ '; ~,.. , " . I. APPENDIX F SPECIMEN BOND INSURANCE POLICY l. 1 I i i j I :;.1 i! 'c. ;~:( <~ ;;~ .. " '.' . . I. ~ , ,,' ',. J. ,,;<, . ~- . . '. ... APPENDIX G SCHEDULES OF RATES . ~ ~ ~j. ,~ " ',' " " , .. '; . t' Rat. OrouDlnOI IUbmI Gal SIMce Ratts fltelidential (1-3 Unita). RS Cu810mer Charge . Hon-FueI The"" Charge . SrMI M~Famly (4+ units). SMF CYItomer Charge . ~uoI The"" Charge . IiId.n M~Famly (4+ unllI) - MMF CuslDmtr Charge . Hon-FueI Therm Charge . L.wge M~Famly (4+ unIta). I.MF Cus10mer Charge . Hon-FueI The"" Charge . SrMI c;.MtaI SeMoe . SGS Cuatomer Charge . Hon-F uti The"" Charge . Medium c;.neral SeND . MGS Customer Charge I Non-FueI The"" Char;e . L.wge c;.Mral Service - LGS Cuatomtr Charge I Non-FueI Therm Charge I InIwruptible Service - IS Cus10mer Charge Non-FueI Therm Charge . S1rMt Lighting with Maintenance - SLM Customer Charge Non-Fuel Therm Charge StrMt Lighting with no Maintnanc:e - SLN Customer Charge . ~Fuel Therm Charge . NaturII Gu Vehic:fe Fueling -NGV Customer Charge I Non-FueI Therm Charge I Residentill AIr Conditioning - RAC Customer ChIlrge Non-FueI Therm Charge General ItJr Conditioning (0.148 tonal - GAC Cuatorntr Charge Non-FueI Therm Charge La,. Nt Conditioning (150+ tona) - LAC Cus10mer Charge Non-Fuel Therm Charge Emervtncy GentrlltorlStandby Service . NSS Customer Charge S Non-Fuel Therm Charge S PI'ooanl (L" Gn SIlVie. Rlt.. Residential LP (1 - unlta) - RLP ~r Charge S ~FueI G.llon Charge I MUlj.famly LP (4+ unltl) . MLP Cultofl"ltr Charge I ~FueI G.llon Charge I General Service LP . GLP Cus1.omet Charge I Non-F..... GaDon Charge I Larve LP - LLP Customer Cl\arge I Non-Fuel Gallon Charge I LP Vthlc:ie Fueling. LPV Customer Char;. I Non-FueI Gallon Charge S LP Emergency GtneratorlStandby SY'C.' LPS Customer Charge Non-FueI Gallon Charge CLEARWATER GAS SYSTEM PftOPOSED PHASE"''' RATES ~ I Phas." Incftut ~ III Inc,..... .2W.LII .t.Ol.UH to.c,..UI) ~ lDK,.a..) ~~r lID 'O/1ItS 1.00 It) I 5.00 . '.00 . O.SO I 0.48 . 0.53 . 1.00 It) I 15.00 . 15.00 I O.SO S 0.43 . 0.53 . 1.00 (') I 20.00 . 20.00 I 0.50 I 0.38 . 0.53 . 1.00 It) I SO.OO . 50.00 . 0.50 . 0.33 . 0.53 I 1.00 (t) I 15.00 . 15.00 I 0.50 I 0.43 . 0.47 . 1.00 (1) . 20.00 . 20.00 . 0.50 . 0.38 . 0.41 . 1.00 (1) . 50.00 . SO.OO . 0.50 I 0.33 . 0.35 . NA . 100.00 . 100.00 . 0.2e . 0.2e . 0.28 . NA . 15.00 . 15.00 . NA S 0.30 . 0.30 . 1.00 (1) . 15.00 . 15.00 . 0.50 . 0.20 S 0.20 I 1.00 (1) (3) (3)' 0.50 S 0.10 S 0.10 S NA (3) (3) S NA $ 0.20 $ 0.20 S NA (3) (3) S NA . 0.15 S 0.15 S NA (3) (3) S NA I 0.10 $ 0.10 S 1.00 (2) S 25.00 S 25.00 . 0.50 S 0."3 S 0.47 I 1.00 0.78 1.00 S 7.00 . 0.0$ S 0.68 . S 15.00 . 0.10 . 0.68 . . 20.00 . 0.1S S 0.68 . . 60.00 . 0.20 . 0.68 . . 15.00 . 0.04 . 0.47 . . 20.00 . 0.03' 0.41 . . 50.00 I 0.02 . 0.35 . . 100.00 I 0.02 . 0.28 S . 15.00 S . 0.30 . . 15.00 . . 0.20 $ (3) . $ 0.10 . (3) . S 0.20 S (3) S S 0.15 S (3) . . 0.10 S . 25.00 S 0.04 S 0.47 S S 5.00 S 6.00 I 1.00' 7.00 S . 0.65 $ 0.70. 0.05' 0.75 $ 1.00 0.78 . 15.00 . 15.00 . . 15.00 S $ 0.35 S 0.70 I 0.35' 0.76 . 1.00 0.78 . 15.00 . 15.00 I I 15.00 . . 0.35 . 0.38' 0.04' 0.38 . 1.00 0.78 . 20.00 , 20.00 , . 20.00 . . 0.21 . D.~' 0.03 I 0.32 S 1,00 0.78 (3) (3)' (3) S . 0.10 . 0.10 , . 0.10 . NA NA . 25.00 . 25.00 . I 25.00 . . 0.35 I 0.38 I 0.04 I 0.38 . 1.00 0.05 0.05 0.05 0.05 1.00 0.05 0.05 'Dr !,'.,..nce from kat. 8tuctv ~I II ~a.. III . full ~ Co.t of letvlce . 1.00 . 0.53 . '.00 I 0.68 S 15.00 . 0.63 . 15.00 S 0.58 . 20.00 . 0.63 . 20.00 . 0.58 . 50.00 . 0.63 I 50.00 S 0.58 . 15.00 . 0.40 I 1S.00 I 0.33 . 20.00 . 0.35 . 20.00 I 0.31 . 50.00 $ 0.30 . 50.00 S 0.30 . 100.00 . 0.26 I 100.00 S 0.28 NA NA NA NA I 15.00 I 0.20 S 15.00 S 0.20 (3) . 0.10 (3) . 0.10 (3) . 0.20 (3) . 0.20 (3) , 0.15 (3) S 0.15 (3) I 0.10 (3) S 0.10 S 25.00 . 0.43 $ 25.00 S 0..1&3 . '.00 . 0.65 S 6.00 S 0.&0 I 15.00 I 0.115 S 15.00 S 0.80 I 15.00 I 0.35 S 15.00 I 0.28 . 20.00 . 0.2e . 20.00 . 0.22 (3) . 0.10 (3) S 0.10 . 25.00 . 0.35 . 25.00 S 0.28 Imta.i (1) Only 1 Firm Natural Gu Ratl Schodull wlth1at 3 \hennl bRled .t '3.00 and the remaining ttlenn& bDled.t $0.50 for Non-Fuel Therm chargtl. 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CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the city of Clearwater, Florida (the "Issuer") in connection with the issuance of $ ci ty of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A (the "Series 1996A Bonds"), and $ city of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 1996B (the "Series 1996B Bonds") (collectively, the "Bonds"). The Series 1996A Bonds are being issued pursuant to Ordinance No. 5118-91 enacted August 15, 1991 (the "Original Ordinance"), and Ordinance No. 5665-94 enacted September 1, 1994, and the series 1996B Bonds are being issued pursuant to the original Ordinance and Ordinance No 6030-96 enacted by the Issuer on June 6, 1996, as supplemented from time to time (collectively, the "Bond ordinance"). The Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2-12 (b) (5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have "the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Business Day" shall mean any day other than a Saturday, Sunday or a day when banks in the City of New York, New York, or in Pinellas County, Florida, or in the cities in which the Principal Offices of the Issuer or the Paying Agent are required or authorized by law to be closed or on which the New York stock Exchange is closed. "Dissemination Agent" shall mean initially, the Finance Director of the Issuer or any successor or alternate Dissemination Agent subsequently designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation. "Listed Events" shall mean any of the events listed in section Sea) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12 (b) (5) adopted by the United States Securities and Exchange Commission under the securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of Florida. "State Repository" shall mean any public or private repository or entity designated by the state as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Certificate, there is no state Repository. SECTION 3. provision of Annual Reports. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than July 1 of each year, commencing July 1, 1997 with the report for the 1995-1996 Fiscal Year, provide to each Repository an Annual Report which is consistent with the requirements of section 4 of this Disclosure certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in section 4 of this Disclosure certifi- cate; provideq that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under section 5(c). (b) Not later than fifteen (15) Business Days prior to said date, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to eaoh 2 Repository and the state Repository, if any, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (1) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the state Repository, if any; and (ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. Content of Annual Reports. The Issuer's Annual Report shall contain or include by reference the following: 1. The audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting standards Board. If the Issuer I s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to section 3 (a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. 2. To the extent such information is not otherwise included as part of the annual audited financial statements of the Issuer, updated information from that set forth in the Official statement for the Bonds under the headings: The System: Rates, Fees and Charges (including Appendix G-l thereto, to the extent it describes the rate structure), and Service Area; Historical Coverage of Maximum Debt Service by the System Net Revenues. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. 3 SECTION 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity 1. principal and interest payment delinquencies. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: 2. non-payment related defaults. 3. modifications to rights of Bondholders. 4. optional, contingent or unscheduled bond calls. 5. defeasances. 6. rating changes. 7 . adverse tax opinions or events affecting the tax exempt status of the Bonds. B. unscheduled draws on the debt service reserves reflecting financial difficulties. 9. unscheduled draws on the credit enhancements reflecting financial difficulties. 10. substi tution of the credit or liquidity providers or their failure to perform. 11. release, substitution or sale of property securing repayment of the Bonds. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible determine if such event would be material under applicable federal securities laws. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities 1aws, the Issuer ~hall promptly file a notice of such occurrence with each Repository, including the state Reposi tory I if any . Notwithstanding the foregoing, notice of Listed Events described in subsections (a) (4) and (5) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Resolution. 4 . ,~.. ~~~ .'- '. . I! . . of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under section S(f). SECTION 7 . It1ssemination Agent. For purposes of this undertaking, the Issuer has designated the Issuer's Finance Director (the "Agent") as its Dissemination Agent and has delegated to the Agent the duties, functions and responsibilities of the Issuer undertaken by the Issuer in this Disclosure certificate. The Issuer may, from time to time, appoint or engage an alternate or substitute Dissemination Agent to assist it in carrying out its obligations under this Disclosure certificate, and may discharge any such Agent, with or without appointing a successor alternate or substi tute Dissemination Agent. The Dissemination Agent other than the Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure certificate. SECTION 8. lUnendment: Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of sections 3{a), 4, or 5(a), it may only be made in connec- tion with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in 5 preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section S(f), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. ~dditional InformatiQn. Nothing in this Disclosure certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemina- tion set forth in this Disclosure certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure certificate. A default under this Disclosure certificate shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure certificate in the event of any failure of the Issuer to comply with this Disclosure certificate shall be an action to compel performance. SECTION 11. Duties. Immunities and Liabil i ties of Oissemina- tion Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or wilful misconduct. The obligations of the Issuer under this Section shall survi ve resiqnation or removal of the Dissemination Agent and payment of the Bonds. 6 SECTION 12. ~. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Benefioial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: . . city of Clearwater, Florida By Its: Mayor-Commissi~ner ATTEST: Clerk I ~ 7 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: city of Clearwater, Florida Name of Bond Issue: city of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A, and Gas System Revenue Bonds, Series 1996B Date of Issuance: , 1996 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by section _ of the Resolution. The Issuer anticipates that the Annual Report will be filed by . Dated: City of Clearwater, Florida By EXHIBIT B Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange commission as of July 17, 1995: J }~ ff Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542-0840 Internet address: MUNIS@bloomberg.doc (609) 279-3200 FAX (609) 279-3235 (609) 279-5963 Contact: Dave Campbell The Bond Buyer Secondary Market Disclosure 395 Hudson Street, 3rd Floor New York, NY 10014 Internet address: oisclosure@muller.com (212) 807-3814 FAX (212) 989-9282 Contact: Thomas Garske ",., Disclosure, Inc. Document Augmentation/ Municipal Securities 5161 River Road Bethesda, MD 20816 (301) 951-1450 FAX (301) 718-2329 Contact: Barry Sugarman (301) 215-6015 JJ Renny Information Services The Repository 65 Broadway, 16th Floor New York, NY 10006 (212) 770-4568 FAX (212) 797-7994 Contact: Joan Horai, Repository Moody'S NRMSIR PUblic Finance Information Center 99 Church street New York, NY 10007-2796 (800) 339-6306 FAX (212) 553-1460 Contact: Claudette Stephenson (212) 553-0345 ...- , . - -- -..- .~-- --~- . - - ..- J ' . EXH)':8IT H ..,l.':'.;, . f',\., . COMMITMENTS POR MUNICIPAL BOND I~SURANCB POLICIES AND DEBT SERVICE RESERVE SURETY BONDS I I i i I i I I I I ! i I I I j I ! Resolution No. 96-44 . . AMBAC INDEMNfIY CORPORA nON - COMMITMENT FOR SURElY BOND Issucr: CITY OF a..EARW A TER. FLORIDA Conunitment Number: 5813710 Date of Conunitment: June 3, 1996 Expiration Date: August 29, 1996 Bonds: $8.695.000 Gas System Revenue Bonds, Series I996A, dated July I, 1996 and maturing on September 1,2026. Premium: 2.5OOt'o of the Debt Sc:rvicc Reserve Fund Requirement AMBAC Indemnity Corporation r AMBAC. or · AMBAC Indemnityj, A Wisconsin Stock Insurance Company, heRby commits to issue a Surety Bond (the .Conunitmentj relating to the Debt Service Resc:Ive Fund for the above-desaibed debt obligations (the "Bondsj, substantiaJ1y in the fonn attached hereto, subject to the tenns and conditions contained herein or added hereto (see conditions set forth herein). To atcnd this Commitment after the expiration date set forth above, an oral (subsequently confirmed in writing) or written request for reoewal must be submittal to AMBAC at least one business day prior to such expiration date. AMBAC reserYe:S the right to refuse to grant a n:newal or may renew this Commitment subject to additional terms and conditions. The Surety Bond (the "Suretyj shall be issued if the following conditions are satisfied: 1. AMBAC shall receive an opinion of counselor a certificate of an officer of the Issuer or ultimate obligor stating that the infonnation suppijed to AMBAC in order to obtain the Surety and the documents to be executed and delivered in connection with the issuance and sale of the Bonds do not contain any untIUe or misleading statement of a material fact and do not WI to state a material fact required to be stated therein or ~ry in order to make the infonnation contained therein not misleading. 2. No event shall occur which would pennit any purchaser of the Bonds, otherwise required. DOt to be requi.ml to purchase the Bonds on the date scheduled fOl'the issuance and deliveIy thereof: There shall be no material change in or affecting the Bonds, the Issucr or ultimate obligor (including, but not limited to, the security for the Bonds), the Official Statemen~ if any (or any similar disclosure document), including any financial statements therein contained, the financing documents or any legal opinions to be e:<ecuted and delivered in connection with the issuance and sale of the Bonds, 01' any other infonnation submitted to AMBAC in order to obcain the Surety, from the descriptions thcn:of provided to AMBAC at any time prior to the issuance of the Bonds and there shall not have occum:d or come to the attention of' the issuer or purchaser any material change of fact or law adverse to the interests of' AMBAC, unless approved by AMBAC in writing. 3. 4. Unless expressly waived in whole or in part by AMBAC, the financing documents shall contain a) the terms and provisions provided in the AMBAC SfANDARD PACKAGE transmitted be:n:with, and b) any provisions or comments given orally by AMBAC. S. No later lhan five (S) business days prior to closing, AMBAC shall be prmidcd with: (a) proposed copies of all financing docwnents, and (b) the proposed official, statement (or any similar disclosure docu.ment)~ and (c) the proposed various legal opinions delivered in connection with the issuance and sale of the Bonds, including, without limitation, the unqualified approving opinion of bond counsel rendered by a law finn acceptable to AMBAC. The fonn of bond coonsd's approving opinion must be acccpcablc to AMBAC. The fonn of bond counsel's approving opinion shall indicate that the Issuer must comply with certain covenants w1der and pursuant to the Internal Revenue Code of 1986, as amended and that the Issuer has the legal power to comply with such covenants. AMBAC shall also be provided with executed oopics of all financing doo.1ments. including but not limited to the Official Statement (or any similar disclosure document) and the various legal opinions rendered. The executed opinion of bond c:ounsel shall be addressed to AMBAC or in lieu thereo( a letter shall be provided to AMBAC to the effect that AMBAC may rely on such opinion as if it were addressed to AMBAC and such letter shall be delivered with an executed opinion; and Cd) any provisions of the Purchase Contract or Bond Purchase Agreement referencing AMBAC or the issuer of the SW'ety in general. If such provisions are not rcceivcd in a timely manner or if provisions are inserted in the Purchase O:>ntract or Bond Purchase Agreement without AMBAC Indemnity's knowledge, compliance with such provisions may not be possible; and (e) a letter from bond coun.se1 or coW1sel to the purchaser or otherwise from another <X>UDSeI acceptable to AMBAC to the effect that the financing documents. the Official Statement (or any similar disclosure document) and the various legal opinions executed and delivered in connection with the issuance and sale of the Bonds, arc substantially in the fonns previously submitted to AMBAC for review, with only such amendments, modifications or deletions as may be approved by AMBAC; and (1) a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy, contract or agreement which provides for payment of all or any portion of the debt, the costs of reconstruction, the loss of business income or in any way ~ ensu.res or enhances the income stream anticipated to pay the Bonds; and (g) a certified or cashier's check for or evidence of wire transfer of an amount equal to the payment for the Surety at the time of the issuance and deliveI)' of the Bonds. Wire transfer shall be used for any payment for the Surety in an amount greater than $100,000; and (h) the final debt service schedule. 6. AMBAC Indemnity must receive at least (S) business days prior to closing an opinion addressed to AMBAC by counsel acceptable to AMBAC that the Guaranty Agreemeal is a legal, valid and binding obtig;ltion of the Obligor themlt; enforceable in accortlan<>: with its ~~,~ ?L "-b - ;r AKA. 2 " AMBAC INDEMNIlY CORPORA nON - COMMITMENT FOR SURETY BOND lssuer: CITY OF CLEARWATER, FLORIDA Commitment NuIDber: 5813711 Date of Commitment ]tme 3, 1996 Bonds: $6,44 S ,000, Gas System Revenue Refunding Bonds, Series 1996B, dated July 1, 1996 and maturing on September 1, 2013. Expiration Date: August 29, 1996 Premiwn: 2.000,/0 of the Debt Service Reserve FWld Requirement AMBAC Indemnity Corporation ("AMBAC" or "AMBAC Indemnity"), A WISCOnsin Stock Insu.rance Company, hereby commits to issue a Surety Bond (the "Commitment") relating to the. Debt Service Reserve FWld for the above.described debt obligations (the "Bonds"), substantially in the fonn attached hereto, subject to the terms and conditions contained herein or added hereto (see conditions set forth herein). To extend this Commitment after the expiration date set forth above. an oral (subsequently confinncd in writing) or written request for renewaI must be submitted to AMBAC at least one busit1CSS day prior to such expiration date. AMBAC reseJVeS the right to refuse to grant a renewal or may renew this Conunitment subject to additional tenns and conditions. The Surety Bond (the .Surety") shall be issued if the following conditions are satisfied: 1. AMBAC shall receive an opinion of counsel or a certificate of an officer of the Issuer or ultimate obligor stating that the infonnation supplied to AMBAC in order to obtain the Surety and the documents to be executed and delivered in connection with the issuance and sale of the Bonds do not contain any Wltruc or misleading statement of a material fact and do not fail to state a material fact required to be stated therein or ~ty in order to make the infonnation contained therein not misleading. 2. No event shall occur which would pennit any purchaser of the Bonds, otherwise required, not to be required to purchase the Bonds on the date scheduled for the issuance and dcliveJy thereof. 3. There shall be no material change in or affecting the Bonds, the Issuer or ultimate obligor (including, but not limited to, the security for the Bonds), the Official Statemen~ if any (or any similar disclosure document), including any financial statements therein contained, the financing documents or any IegaI opinions to be cxccuted and delivered in connection with the issuance and saJc of the Bonds, or any other infonnation submitted to AMBAC in order to obcain the Surety, from the descriptions thereof provided to AMBAC at any time prior to the issuance of the Bonds and there shall not have occurred or come to the attention of the issuer or purchaser any material change of fact or law adverse to the interests of AMBAC. unless approved by AMBAC in writing. 4. Unless e.'"J)ressly waived in whole or in part by AMBAC, the financing documents shall contain a) the tenns and provisions provided in the AMBAC STANDARD PACKAGE transmitted herewith, and b) any provisions or comments given orally by AMBAC. 5. No later than five (5) business days prior to closing, AMBAC shall be provided with: (a) proposed copies of all financing documents, and (b) the proposed official, statement (or any similar disclosure document); and (e) the proposed various legal opinions delivered in connection with the issuance and sale of the Bonds, including, without limitation, the unqualified approving opinion of bond counsel rendered by a law firm acceptable to AMBAC. The fonn of bond counscJ's approving opinion must be acceptable to AMBAC. The fonn of bond counsel's approving opinion shall indicate that the Issuer must oomply with certain covenants under and pursuant to the Internal Re\uuJe Code of 1986, as amended and that the Issuer bas the legal power to comply with such covenants. AMBAC shall also be provided with executed cq>ies of all financing documents. including but not limited to the Official Statement (or any similar disclO6Ul'e document) and the varioos legal opinions rendered. The executed opinion of bond counsel shall be addrcssc:d to AMBAC or in lieu thereo( a letter shall be provided to AMBAC to the effect that AMBAC may rely on such opinion as if it were addressed to AMBAC and such letter shall be delivered with an executed opinion; and (d) any provisions of the Purchase Contract or Bond Purchase Agreement referencing AMBAC or the issuer of the Surety in general. If such provisions are not received in a timcIy manner or if provisions are inserted in the Purchase Contract or Bond Purchase Agreement without AMBAC Indemnity's knowledge, compliance with such provisions may DOt be possible; and (e) a letter ftom bond camsel or counsel to the purchaser or otherwise from another counsel acceptable to AMBAC to the effect that the financing documents, the Official Statement (or any similar d.isclosurc document) and the various legal opinions ~ and delivered in connection with the isslJ~nce and sale of the Bonds, are substantially in the fonns previously submitted to AMBAC for review, with only such amendmen~ moditica1ions or deletions as may be approved by AMBAC; and (1) a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy, contract or ag:reeme:nt which provides for pa)1IleI1l of all or any portion of the debt, the costs of reconstruction, the 1<& of business income or in any way secures, ensures or enhances the income stream anticipated to pay the Bonds; and (g) a certified or cashier's check for or evidence of wire transfer of an amount equal to the payment for the Surety at the time of the issuance and delivel)' of the Bonds. Wm: transfer shall be used for any payment for the Surdy in an amount greater than $100,000; and (h) the final debt service schcduJe. 6. AMBAC Indemnity must receive at least (5) business days prior to closing an opinion addressed to AMBAC by counsel acceptable to AMBAC that the Guarnnty Agreement is a legal, valid and binding obligation of the Obligor thereo( enforceable in accordance with its tenns. AMBAC Indemnity must receive, at least five (5) business days prior to closing, the escrow agreement. in fonn and substance acceptable to AMBAC, for the complete defeasance of the applicable Bonds (the Wfrior Bonds"). 7. 8. At least five (5) business days prior to closing, AMBAC must receive certification by a nationally recognized accounting finn that the securities invested are sufficient to pay the prior bonds. 2 n I .. ~. - . ," , 9. AMBAC must receive an opinion of Counsel acceptable to M.-fi3AC that the Prior Bonds have been legally defeased 10. Funds held by the Escrow T~ for the payments of the refunded bonds must be held as cash fully insured by or the Federal Deposit Insuranc:e Corporation or invested in din:ct obligations of the United States of America. . 11. AMBAC must receive, at least five (5) business days prior to closing. a draft opinion ofbond counsel or t;peei~J tax counsel acceptable to AMBAC. addrcs.scd to AMBAC. a te1ccapy ot'tbe exa:uted opinion OIl the day of closing (212-785-1178) and an exa:uted original fonowing closing. to the effect that the n:funding and escrow are in full compliance with all applicable Federal and State arbitrage regulations. AMBAC must receive, at least five (5) business days prior to closing. draft opinions c:l issuer's c:ounsel and escrow agent's counsel and a tclecopy ofthc executed opinion on the day ofcl<Sng (212-785-1178) regarding the validity. binding nature and enfon:eability of the escrow agr=nent 12. 13. If a forward supply contract is used: (i) Securities delivered to the escrow agreement must be non-<:allable U.S. Government obligations which do not mature later than the date on which needed to pay debt servi<:e on the refunded bonds. (ii) The CPA verification must be in a form and substance satisfactoJy to AMBAC and must opine thnt the escrow is sufficient to be defcasc the refunded bonds wbethe.r or not the forward supply contract provider delivers sccuritics to the escrow. (ill) The forward supply contract must specify that (a) the purchase pri<:c of the seauities delivered to the escrow must not exceed the amount of cash received from maturing securities in the escrow, as specified in the verification. and (b) the maturity value of the securities in the escrow must not be less than the purchase price paid for such securities. (iv) The forward supply contract provider shall have no recourse to the escrow upon any f3ilure of the issuer or escrow agent to ped'onn its obligations under the fonvard supply contrac.1. 0Ihcr than the payment of the purchase price for the securities to be cJelivered pursuant to the forward supply contract, no payments of any other kind may be made ftom the escrow in respect to the forward supply contract. (v) The forward supply contract provider must be at least A by a nationally recognized rating agency. (vi) The forward supply contract shall be in fonn and substance ~tisfactol)' to AMBAC. 3 Commitment for Municipal Bond Insurance AMBAC Indemnity Corporation do CT Corporation System. .... East Mifflin Street Madison. WIsconslD 5370J Administrative Omce: One State Street Plaza New York. New York 10004 Issuer. CITY OF CLEARWATER. FLORIDA Commitment Number. 13708 Date of Coaurulment June 3. 1996 Expiration Date: August 29. 1996 Bonds: $15.140.000, consisting of: $8,695.000 Gas System Revenue Bonds, Series 1996A dated July 1, 1996, and maturing on September 1st in the years 1996 through 2026, both inclusive; and $6,445.000 Gas System Revenue Refunding Bonds, Series 1996B. dated July I, 1996 and maturing on September 1st in the years 1996 through 2013, both inclusive. Insurance premium: 0.30-/. of the toeal principal and Interest due on the Bondi for Series 1996A and 0.26./. of the total principal and interest due OD the Bonds for Series 1996B (Fitch Investon Service, LP., Moody's Investon Service and Standard & Poor's Ratings Group asleSs separate rating fees which are payable directly to them. All questlou regardlne the payment of such fees must be addressed to the applicable ratiDg agency.) AMBAC Indemnity Corporation (AMBAC) A Wisconsin Stock Insurance Company hereby commits to issue a MWlicipal Bond Insurance Policy (the "Policy") relating to the above-<lescribed debt obligations (the "Bonds"). substantially in the fonn imprinted in this Commitment, subject to the terms and conditions contained herein or added hereto (see conditions set forth on page 2 and following). To keep this Commitment in effect after the expiration date set forth above, a request for renewal must be submitted to AMBAC prior to such expiration date. AMBAC reserves the right to refuse wholly or in part to grant a renewal. The Municipal Bond Insurance Policy shall be Issued If the following conditions are satisfied: 1. The documents to be executed and delivered in connection with the issuance and sale of the Bonds shall not contain any untrue or misleading statement of 8 material fact and shall not fail to state a material fact ~ry in order to make the infonnation contained therein not misleading. 2. No event shall occur which would pennit any purchaser of the Bonds, othernise required, not to be required to purchase the Bonds on the date scheduled for the issuance and delivery thereof. 3. There shall be no material change in or affecting the Bonds (including, without limitation, the security for the Bonds) or the financing docwnents or the official stalcment (or any similar disclosure docwnent) to be executed and delivered in colUlcction with the issuance and sole of the Bonds from the descriptions thereofberetofore provided to AMBAC. 4. The Bonds shall contain no reference to AMBAC, the Policy or the mWlicipal bond insurnnce evidenced thereby except as may be approved by AMBAC. 5. AMBAC shall be provided with: (a) Executed copies of all financing docwnents. the official statement (or any similar disclosure docwnent) and the various legal opinions delivered in connection with the issuance and sale of the Bonds. including. without limitation, the unqualified approving opinion of bond counsel rendered by a law rum acceptable to AMBAC. The Conn of Bond Counsel's approving opinion shall also indicate, if applicable, that the Bonds are exempt from federal income taxation, that the issuer must compl}' with certain covenants under and pursuant to the new tax law and that the issuer has the legal power to comply with such covenants. Such opinion of bond counsel shall be addressed to AMBAC or, in lieu thereof, a letter shall be provided to AMBAC to the effect that AMBAC may rely on such opinion as if it were addressed to AMBAC. (b) A letter from bond counsel or COW1SeI to the pwchascr or otherwise from another person acceptable to AMBAC to the effect that the fmancing documents, the official statement (or any similar disclOSUl'e document) and the various legal opinions executed and delivered in connection with the issuance and sale of the Bonds are substantially in the foms theretofore submitted to AMBAC for review, with only such amendments, modifications or deletions as approved by AMBAC. (c) A certified or cashier's check for or evidence of wire transfer of an amount equal to the insurance premium at the time of the issuance and delivet)' of the Bonds. If the amount of premium exceeds $100,000.00, payment must be made by federal funds wire transfer. 6. Unless expressly waived in whole or in part by AMBAC, the financing documents and the Official Statement shall contain (a) the teons and provisions provided in the AMBAC Indemnity STANDARD PACKAGE transmitted herewith and (b) any additional oral or written provisions or conunents submitted by AMBAC. 7. AMBAC shall receive a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy. contract or agreement which provides for payment of all or any portion of the debt, the costs of rcconstruction, the loss ofbusincss income or in any way secures, ensures or enhances the income stream anticipated to pay the bonds. 8. Any provisions or requirements of the Purchase Contract or Bond Purchase Agreement referencing AMBAC must be sent to the attention of Janine Feudi not less than five (5) business days prior to closing. If such provisions or requirements are not received within that time, compliance may not be possible. 9. Review and approval by AMBAC at least S days prior to closing of the Escrow Agreement for the defeasance of the applicable Bonds (the "Prior Bonds"). 10. At least S days prior to closing, AMBAC must receive certification by an accounting rum acceptable to AMBAC that the securities invested arc sufficient to pay the Prior Bonds. Upon receipt of this commitment AMBAC should be notified which fino will be providing the certification. 11. Receipt of an opinion of counsel acceptable to AMBAC that the Prior Bonds have been legally defeased 12. Receipt oran opinion of counsel acceptable to AMBAC with regard to the validity and enforceability of the Escrow Agreement 13. Ifa forward supply contract is used: (8) Securities delivered to the escrow agreement must be oon<allable U.S. Government obligations which do not mature later than the date on which needed to ply debt service on the refunded bonds. (b) The CPA verification must be in fonn and substance satisfactory to AMBAC and must opine that the escrow is sufficient to defease the refwlCled bonds wbelbcr or not the forward supply contract provider delivers securities to the escrow. (c) The forward supply contract must specify that (i) the purchase price of the securities delivered to the escrow must not exceed the amount of cash received from mnturing securities in the escrow. as specified in the verification, and (ii) the maturity value of the securities delivered to the escrow must not be less than the purchase price paid for such securities. . . (d) The forward supply <Nntract provider shall hove no recourse to the escrow upon any fAilure of the issuer or escrow agent to pc:rfonn its obligations under the forward supply contract Other than the payment of the purdulse price for the securities to be delivered pursuant to the forward supply contract. no payments of any other kind may be made from the escrow in respect of the forward supply contract. (e) The forward supply contract provider must be rated at least A by a nationally recognized rating agency. (f) The forward supply contract shall be in form and substance satisfactory to AMBAC. I,.~ .~ ... . . AMBAC" \ \1 B.\<: IlldV1IlI111\ <:1 lip' .1.1111 Iii ( )ll\.' "'1~I\V "'111..'1..'\ 1'1.\1,\ '\,1..'\\ ) I Ilk, '\,1.'\\ )( ,rk (I!l It I I (21.21 lIi,K-lll.";11 I'~l\: (.21.21 -=ifll).' il ')1 , June 3, 1996 Robert Reed, Esq. Bryant, Miller and Olive, P.A Barnett Plaza, Suite 1265 101 East Kennedy Boulevard Tampa, Florida 33602 RE: $15,140,000 City of Clean vater, Florida. Gas System Revenue Bonds, Series 1996A and a, dated July 1, 1996 Dear Mr. Reed: Enclosed please find the original and one certified copy of the Commitment for Municipal Bond Insurance, Commitment No, 13708 (the "Commitment"), relating to the above-captioned obligations (the "Bonds"). The original of this Commitment should be delivered to or held on behalf of the issuer of the Bonds, and if not exercised, should be disregarded. Please note the following: 1. If this issue of Bonds sells with AMBAC insurance, please notify Janine Fcudi at (212) 208-3301, who will assign a closing coordinator who will be responsible for the financing throughout the closing. Enclosed in AMBAC's STANDARD PACKAGE is the bond legend which should appear on the Bonds. The policy number to be printed as part of the bond legend can be obtained from the closing coordinator. 2. In order to ensure a timely closing, please notify your closing coordinator as soon as possible if you will require rating letters from Fitch Investors Service, L,P., Moody's Investors Service or Standard & Poor's Ratings Group. If any requests are made of you by any rating agency for documentation regarding this issue or any related or parity debt issue. please respond promptly since this will facilitate the timely receipt of the rating letters. 3. If requested. an opinion of Al\1BAC's counsel regarding the fairness and accuracy of the language included in the Official Statement describing AMBAC and the Policy will be delivered at closing, The delivery of such opinion is dependent upon the prior review of such official statement by our legal department. 4. Enclosed for your use in preparing the Official Statement are (i) a sample Municipal Bond Insurance Policy (the "Policy") and any applicable endorsements thereto. and (ii) AMBAC's STANDARD PACKAGE, which includes suggested Official Statement disclosure language and the official AMBAC logo, Please send all drafts of the Official Statement to AMBAC's Closing Department, attention of your closing coordinator. Receipt, by the closing coordinator, of SIX COPIES of the FINAL OFFICIAL STATEMENT will ensure timely preparation of AMBAC's Polic)' for submission to the ...olting agencies. " t!~~:;::~:,;';,.. \ . . . .. . S. Please refer to page 2 of this Conunitment for conditions which must be satisfied prior to AMBAC's release of its Policy. Drafts of all financing documents and legal opinions should be sent to the closing coordinator assigned to the financing. 6. Lastly. 'IWO final UNBOUND transcripts must be sent to your closing coordinator as soon as possible after closing. If you have any questions, please do not hesitate to contact Janine Feudi or me. Sincerely. ~~YUa- Client Infonna' ~ces Enclosures cc: David R Thornton Raymond James &. Associates, Inc. 880 Carillon PaIkway St Petersbur& Florida 33116 P. Neul1c:deL AlvIBAC ::~ !:' ) AMBAC'Ul .\.\IB,\<; IIldL'II1nilY CIlI!lIII;tllllll < )I1L' "'1;1 \I: "ll'vvl PI.I/;I 'L'\\ '1'1 Irk. '\l'\\ YIII'" HltH)1 (212) ()lIS-1I1511 1-";1\: (2121 ~f'l)-l)ll)ll June 3, 1996 Robert Reed, Esq. Bryant, Miller and Olive, P,A Barnett p~ Suite 1265 101 East Kennedy Boulevard Tampa, Florida 33602 RE: $8,695,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series I996A. dated July I, 1996 Dear Mr. Reed: Enclosed please find the original and one certified copy of the Commitment for Surety Bond, Commitment No. SBl37l0 (the "Conunitment"), relating to the abovcxaptioned obligations (the "Bonds"). The original of this Commitment should be delivered to or held on behalf of the issuer of the Bonds, and if not e....ercised, should be disregarded Please Dote the following: 1. If requested. an opinion of AMBACs counsel regarding the fairness and accuracy of the language included in the Official Statement descnbing AMBAC and the Surety Bond will be delivered. The deliveI)' of such opinion is dependent upon the prior review of such official statement by our legal department 2. Enclosed for your use is AMBAC's STANDARD PACKAGE which contains (i) provisions relating to the Surety Bond to be inserted in the financing documents; (ii) a sample surety bond to be issued by AMBAC; and (ill) certain sample language for inclusion in the official statement relating to the Bonds (the "Official Statement"). 3. Please refer to page 2 of this Conunitment for conditions which must be satisfied prior to AMBAC's release of its Surety. Drafts of all financing documents and legal opinions should be sent to the closing coordinator assigned to the financing. All drafts of financing documents including but not limited to the Official Statement and any legal opinion relating to the issuance of the Bonds, to the extent not already provided, should be submitted for AMBAC Indenmity review as available but in no event later than five (5) business days prior to closing. Please note that bond counsel's approving opinion must be acceptable to AMBAC Indemnity and shall be either addressed to AMBAC Indenmity or delivered with a reliance letter addressed to AMBAC Indenmity. Please provide a copy of the closing index as soon as practicable. 4. Lastly, lWO final UNBOUND transcripts must be sent to your closing coordinator as soon as possible after closing. If you have any questions, please do not hesitate to contact Janine Feudi or me. Sincerely, ~- ~ J~h "/ ~ ~gers . ker / Client Infonnilli n ~ces Enclosures cc: David R. Thornton Raymond James & Associates, Inc, 880 Carillon Parkway SL Petersburg, Florida 33716 P. Neuhedcl, AMBAC IMBAC,... .\\Its.\(: Illdl.'1l11111~ <:1111)( 11.1111111 1)111.... "'LIIl' "11l'1'1 Pl.l/.1 \l,'\\ "(llh. \1'\\ Y'lrk IllIlil' /2121 1)IlS.III~1i F.,,; 1212/ ::'1)1).1)11)11 June 3,1996 Robert Reed. Esq. Bryant, Miller and Olive, P.A. 8amctt Plaza. Suite 1265 101 East Kennedy Boulevard Tampa, Florida 33602 RE: $6,44S,OOO City of Clcanvater, Florida, Gas System Revenue Refunding Bonds, Series 1996B, dated July 1, 19% Dear Mr. Reed: Enclosed please find the original and one certified copy of the Commiunent for Surety Bond, COITunitrnent No. SB13711 (the "Commitment"), relnting to the nbovc-aptioned obligations (the "Bonds"). The original of this Commitment should be delivered to or held on behalf of the issuer of the Bonds, and if not exercised, should be disregarded. Please note the following: 1. If n:qucsted. an opinion of AMBACs coWlSeI regarding the fairness and accuracy of the language included in the Official Statement describing AMBAC and the Surety Bond will be delivered. The delivery of such opinion is dependent upon the prior review of such official statement by our legal department 2. Enclosed for your use is MvlBAC's STANDARD PACKAGE which contains (i) provisions relating to the Surety Bond to be inserted in the financing documents; (ii) a sample surety bond to be issued by AMBAC; and (iii) certain sample language for inclusion in the official statement relating to the Bonds (the "Official Statement"). 3. Please refer to page 2 of this Commitment for conditions which must be satisfied prior to Mv1BAC's release of its Surety. Drafts of all financing documents and legal opinions should be sent to the closing coordinator assigned to the financing. All drafts of financing documents including but not limited to the Official Statement and any legal opinion relating to the issuance of the Bonds, to the e>.tent not already provided. should be submitted for AMBAC Indemnity review as available but in no event later than five (5) business days prior to closing. Please note that bond counsel's approving opinion must be acceptable to A?v1BAC Indemnity and shall be either addressed to AMBAC Indemnity or delivered with a reliance letter addressed to AMBAC Indemnity. Please provide a copy oCthe closing index as soon as practicable. 4. Lastly, lWO final UNBOUND trnnscripts must be sent to your closing coordinator as soon as possible after closing. If you have any questions, please do not hesitate to contact Janine Feudi or me. Sincerely, I ~,b~ ~h 23:' ~O'-- ROdgers er I lient Infonna . Se . Enclosures ... cc: David R Thornton Raymond James & Associates, Inc. 880 Quillon Parkway St Petersburg, Florida 33716 P. Neuhedel, AMBAC " < " t'", . '.. ~ . . \' . ',-' .. '. AMBAC May 20, 1996 A!\IBAC INDE!\1NITY STANDARD PACKAGE FOR TRANSACTIONS SUPPORTED BY AN AMBAC INDE!\1NITY CORPORATION SURETY BOND WITHOUT DEPOSIT AGREEME~T TO: Issuer, Issuer's Counsel, Managing Underwriter, Bond Counsel and Und~rwriter's Counsel RE: Preparation of Financing Documents for Issues the Debt Service R~serve Fund of which is to be supported by an AMBAC Indemnity Corporation C'AMBAC Indemnity") Surety Bond The attached materials have been prepared to assist you in the preparation of documents for issues the Debt Service Reserve Fund of which is to be supported by an AMBAC Indemnity Surety Bond. Please modify the attached exhibits where appropriate. If desired. these provisions can be incorporated into one section entitled "Debt Service Reserve Fund AMBAC Indemnity Surety Bond" \\ithin the applicable Indenture, Resolution, Ordinance, Order or any other operative financing document (such applicable financing document \\;11 be referred to herein as the "Financing Document"). Plense be advised that the provisions con~ined in this package are in addition to the conditions listed on the commitment for the AMBAC Surety Bond and any other comments or changes that may be required by the AMBAC Indemnity p~rsonnd working on this financing. This package and the documents contained herein are not for use in Virginia financings. If you have any questions, please call one of the following persons: Eiken L. Kirchoff. Mary P. McKeon, Jerry H. Pisecki, Karl T. Molin, or Kevin J. Doyle. . D~finjtions (Exhibit A). . AMBAC Indemnity consent required for changes to und~r1~ ing documentation and exercise of remedies upon default (Exhibit B). . Information to be given to AMBAC Indemnity (Exhibit C). . Description of AMBAC Indemnity pa~ ment procedure (Exhibit D). . AMBAC Indemnity Official Statement Disclosure (Exhibit E). . Fonn of AMBAC Indemnity Opinion (Exhibit F). . Fonn of Surety Certificate of Bond Insur~r (Exhibit G) . Fonn of Suret\' Bond (Exhibit H). . Fonn of Guaranty Agreement (Exhibit I). . AMBAC Indemnity Corporation Wiring Instructions (Exhibit 1) r'- . . EXHIBIT A : , i i. i I DEFINITIONS The follo\\ing definitions are those which AMBAC recommends for the Financing Document: '.AMBAC Indemnity" shall mean AMBAC Indemnity Corporation. a \Visconsin domiciled stock Insurance company. "Surety Bond" shall mean the surety bond issued by AMBAC Indemnity guaranteeing certain payments into the Debt Service Reserve Fund with respect to the Bonds as provided therein and subject to the limitations set forth therein. 2 EXHI BIT B AMBAC CONSENT LANGUAGE AMBAC requires that the Financing Document contain the folJo\\ing consent language: A. Consent of AMBAC Indemnity. Any provision of this [Financing Document) expressly recognizing or granting rights in or to AMBAC Indemnity may not be amended in any manner which affects the rights of AMBAC Indemnity hereunder \\ithout the prior written consent of AMBAC Indemnity. B. Consent of AMBAC Indemnity in Addition to Bondholder Consent. Unless othel'\\1Se provided in ~is Section, AMBAC Indemnity's consent shall be required in addition to Bondholder consent, when required, for the follo\',,;ng purposes: (i) execution and delivery of any supplemental [Financing Document] or any amendment, supplement or change to or modification of the [Loan Agreement, Lease Agreement, etc.) (ii) removal of the Trustee or Paring Agent or selection and appointment of any successor trustee or paying agent: and (iii) initiation or approval of any action not described in (i) or (ii) above which requires Bondholder consent. ! I i I ! i i ! i ! I , t I \ 3 , , '" ",. . -' -. --- ---, -- -- ~ -- - - .' . . . '. ' EXHIBIT C INFORMATION TO BE GIVEN TO AMBAC INDEMNITY AAtBAC requires that the follo\\;ng notice prOVISions be incorporated into the Financing Document: A. While the Suret)' Bond is in effect, the Issuer- or the Trustee, as appropriate, shall furnish to AMBAC Indemnity: (a) as soon as practicable after the filing thereof, a copy of any financial statement of the Issuer and a copy of any audit and annual report of the Issuer; (b) a copy of any notice to be given to the registered O\\l1ers of the Bonds and any certificate rendered pursuant to this [Financing Document] relating to the security for the Bonds; and (c) such additional information it may reasonably request. B. The Issuer \\;11 pennit AMBAC Indemnity to discuss the affairs. finances and accounts of the Issuer or any infonnation AMBAC Indemnity may reasonably request regarding the security for the Bonds \\ith appropriate officers of the Issuer. The Trustee or Issuer. as appropriate, will permit AMBAC Indemnity to [have access to the Project and] have access to and to make copies of all books and records relating to the Bonds at any reasonable time. C. Notwithstanding any other provision of this [Financing Document], the Trustee shall immediately notify AMBAC Indemnity if at any time there are insufficient moneys to make any pa~ ments of principal and interest as required and immediately upon the occurrence of (i) any event of default hereunder or (ii) any payment default under any related security agreement. D. To the extent that the Issuer has entered into a continuing disclosure agreement with respect to the Bonds, AMBAC Indemnity shall be included as party to be notified. .or appropriate obligor on the Bonds. 4 , , . . " ',. . , < . . . '. ''',' , --~---------~--_._~._---~---- '- -_._-~---~--~~~-----~-_._----~-- - " EXHIBIT D PA YMENT PROCEDURE PURSUANT TO THE SURETY BOND The follo\\ing language sets out standard procedure for pa)ments under the Surety Bond. Modifications should be made to take into account definitions used in the Financing Document (e.g. Debt Service Reserve FuntL Revenues, Additional Funding Instrument). Specific or different pa)ment procedure required by the Financing Document must be discussed ,..ith AMBAC Indemnity. A. As long as the Surety Bond shall be in full force and effect, the Issuer, Trustee and Paying Agent, if appropriate, agree to comply with the following provisions: (a) In the event and to the extent that moneys on deposit in the Fundi Account, plus all amounts on deposit in and credited to the [Debt Service Reserve Fund] in excess of the amount of the Surety Bond, are insufficient to pay the amount of principal and interest coming due, then upon the later of: (i) one (1) day after receipt by the General Counsel of AMBAC of a demand for payment in the fonn attached to the Surety Bond as Attachment 1 (the '"Demand for Pa)ment"), duly executed by the Paying Agent certifying that payment due under the [Financing Document] has not been made to the Paying Agent; or (ii) the payment date of the Obligations as specified in the Demand for Payment presented by the Paying Agent to the General Counsel of Af\1BAC, AMBAC \\;11 make a deposit of funds in an account with the Paying Agent or its successor, in New York, New York, sufficient for the pa)ment to the Paying Agent, of amounts which are then due to the Paying Agent under the [Financing Document] (as specified in the Demand for Payment) up to but not in excess of the Surety Bond Coverage, as defined in the Surety Bond; provided, however, that in the event that the amount on deposit in, or credited to, the [Debt Service Reserve Fund], in addition to the amount available under the Surety Bond, includes amounts available under a letter of credit~ insurance policy, surety bond or other such funding instrument (the "Additional Funding Instrument"), draws on the Surety Bond and the Additional Funding Instrument shall be made on a pro rata basis to fund the insufficiency. (b) the Trustee, or Pa~;ng Agent, if appropriate, shall, after submitting to AMBAC Indemnity the Demand for Pa)ment as provided in (a) above, make available to AMBAC Indemnity all records relating to the Funds and Accounts maintained under this [Financing Document]. (c) the Trustee, or Pa)ing Agent, if appropriate, shall, upon receipt of moneys received from the draw on the Surety Bond, as specified in the Oem:md for Pa~ment, credit the Debt Service Reserve Fund to the extent of moneys received pursuant to such Demand. (d) the [Debt Service Reserve Fund] shall be replenished in the following priority: (i) (principal and interest on the Surety Bond shall be paid from first available Revenues] [principal and interest on the Surety Bond and on the Additional Funding Instrument slmll be paid from first available Revenues on a pro rata basis]; (ii) after all such amounts are paid in full. amounts necessary to fund the [Debt Service Rest:rve Fund) to the required level. after bking into account the amounts available under the Surety Bond [and the Additional Funding Instrument] shall be deposited from next available Revenu~. 5 EXHI BIT E OFFICIAL ST A TEJ\1ENT DISCLOSURE FOR AMBAC INDEMNITY CORPORATION SURETY BOND Security For The Bonds Debt Service Reserve Fund Al\-lBAC Indemnity Surety Bond The [Financing Dccument] requires the establishment of a Debt Service Reserve Fund in an amount equal to S >. The [Financing Document] authorizes the Issuer to obtain a Surety Bond in place of fully funding the Debt Service Reserve Fund. Accordingly, application has been made to AMBAC Indemnity Corporation ("AMBAC Indemnity") for the issuance of a Surety Bond for the purpose of funding [a portion of] the Debt Service Reserve Fund (see hTHE [Financing Document] > U herein). The Bonds will only be delivered upon the issuance of such Surety Bond. The premium on the Surety Bond is to be fully paid at or prior to the issuance and delivery of the Bonds. The Surety Bond provides that upon the later of (i) one (1) day after receipt by AMBAC Indemnity of a demand for pa)ment executed by the Paying Agent certifying that provision for the pa)ment of principal of or interest on the Bonds when due has not been made or (ii) the interest payment date specified in the Demand for Pa~rnent submitted to MfBAC Indemnity, AMBAC Indemnity \'-ill promptly deposit funds with the Paying Agent sufficient to enable the Paying Agent to make such payments due on the Bonds, but in no event exceeding the Surety Bond Coverage, as defined in the Surety Bond. Pursuant to the tenns of the Surety Bond, the Surety Bond Coverage is automatically reduced to the extent of each pa)ment made by AMBAC Indemnity under the terms of the Surety Bond and the Issuer is required to reimburse AMBAC Indemnity for any draws under the Surety Bond with interest at a market rate. Upon such reimbursement, the Surety Bond is reinstated to the extent of each principal reimbursement up to but not exceeding the Surety Bond Coverage. The reimbursement obligation of the Issuer is subordinate to the Issuer's obligations \\ith respect to the Bonds. In the event the amount on deposit, or credited to the Debt Service Reserve Fund, exceeds the amount of the Surety Bond, any draw on the Surety Bond shall be made only after all the funds in the Debt Service Reserve Fund have been expended. In the event that the amount on deposit in, or credited to, the [Debt Service Reserve Fund], in addition to the amount available under the Surety Bond, includes amounts available under a letter of credit, insurance policy, surety bond or other such funding instrument (the .'Additional Funding Instrumcnf'), draws on the Surety Bond and the Additional Funding Instrument shall be made on a pro rata basis to fund the insufficiency. The [Financing Document] provides that the [Debt Service Reserve Fund] shaJJ be replenished in the fo11o\\;ng priority: (i) [principal and interest on the Surety Bond shall be paid from first available Revenues] [principal and interest on the Surety Bond and on the Additional Funding Instrument shall be paid from first available Revenues on a pro rata basis]; (ii) after all such amounts are paid in full, amounts necessary to fund the [Debt Service Reserve Fund] to the required level, after taking into account the amounts available under the Surety Bond [and the Additional Funding Instrument] shall be deposited from next available Revenues. The Surety Bond does not insure against nonpa~ment caused by the insolvency or negligence of the Trustee or the Paying Agent. 6 AI\IBAC INDEMNITY CORPORATION M1BAC Indemnity Corporation ("AMBAC Indemnity') is a Wisconsin.Jornicilcd stock insurance corporation regulated by the Office of the Commissioner of lnsurnncc of the State of Wisconsin and licensed to do business in 50 stUCS, the District ofColumbi~ the TCrrltor\' ofG~ and the - . Commonwealth of Puerto Rico, v.ith admitted assets of approx..iJrotely S2.4-10,OOO,OOO {unaudited} and statutory capital of approximately ~1 ,387,000.000 (unaudited) as of March J 1. 1996. S~tory c:lpital consists of AMBAC Indemnity's policyholders' surplus and statutory contingency reserve. AMBAC Indemnity is a wholly owned subsidiary of AMBAC Inc., a 100% publicly-held company. Stancbrd & Poor's Ratings Services, a division of The McGraw-Hili Companies, Inc., Moody's Investors Service and Fitch Investors Service, L.P. have each assigned a triple-A c1aims-pa~ing ability rating to AMBAC Indemnity. MfBAC Indenmity has entered into pro rata reinsurance agreements under which a percentage of the insurance underwritten pursuant to cerbin municipal bond insurance programs of AMBAC Indemnity has been and \\ill be assumed by a number of foreign and domestic unaffiliated remsurers. MfBAC Indenmity has obbined a ruling from the Internal Revenue Service to the effect that the insuring of an obligation by AMBAC Indemnity will not affect the treatment for federal income tax purposes of interest on such obligation and that insurance proceeds representing maturing interest paid by AMBAC Indemnity under policy provisions substantially identical to those contained in its municipal bond insurance policy shall be treated for federal income tax purposes in the same manner as if such payments were made by the issuer of the Bonds. (THE FOLLOWING MUST BE INCLUDED IN ANNUAL APPROPRIATION LEASE TRANSACTION: No represenbtion is made by AMBAC Indemnity regarding the federal income tax treatment of pa~ments that are made by AMBAC Indemnity under the tenns of the Policy due to nonappropriation of funds by the Lessee] AMBAC Indemnity makes no representation regarding the Bonds or the advisability of investing in the Bonds and makes no representation regarding, nor has it participated in the preparation of, the Official Statement other than the information supplied by AMBAC Indemnity and presented under the heading'" " AVAILABLE INFORl\lA TION The parent company of AMBAC Indemnity, AMBAC Inc. (the "Company"), is subject to the informational requirements of the Securities Exchange Act of 1934, as am~nded (the "Exchange Act''), and in accordance therewith files reports. proxy statements and other infonnation with the Securities and Exchange Commission (the hCommission"). Such reports, proxy statements and other infonnation may be inspected and copied at the public reference facilities rrointained by the Commission at 450 Fifth Street, N.W., Washington, D.C. 20549 and at the Commission's regional offices at 7 World Trade Center, New Yor~ New York 10048 and Northwestern Atrium Center, 500 West Madison Street, Suite 1400, Chicago, Illinois 60661. Copies of such material can be obbined from the public reference section of the Commission at 450 Fifth Street. N.W., Washington, D.C. 20549 at prescribed rates. In addition, the aforementioned material may also be inspected at the offices of the New York Stock Exchange, Inc. (the "NYSE") at 20 Broad Street, New York, New York 10005. The Company's Common Stock is listed on th~ NYSE. 7 ,n"" .. Copies of AMBAC Indemnity's financial statements prepared in accordance \\;th statutory accounting standards are available from AMBAC Indemnity. The address of AMBAC Indemnity's administrative offices and its telephone number arc One SUte Street Plaza. 17th Floor, New York, New York, 10004 and (212) 668 0340. INCORPORATION OF CERTAIN DOCUMENTS BY REFERENCE The follo\\1ng documents filed by the Company \\ith the Commission (File No. 1-10777) are incorporated by reference in this Official Statement: (1) The Company's Annual Report on Fonn 10-K for the fiscal year ended December 31, 1995 and filed on April 1, 1996; (2) The Company's Current Report on Fonn 8-K dated January 31, 1996 and filed on February 28, 1996; (3) The Company's Current Report on Fonn 8-K dated March 13, 1996 and filed on March 14, 1996; and (4) The Company's Current Report on Fonn 8-K/A, First Amendment to Current Report on Fonn 8-K dated March 13, 1996 and filed on March 15. 1996. All documents subsequently filed by the Company pursuant to the requirements of the Exchange Act after the <bte of this Official Sbtement \\ill be available for inspection in the same manner as described above in "AVAILABLE INFORMA TION~. EXHIBIT F FORl\1 OF AMBAC INDEMNITY OPINION >. I 99 Ladies and Gentlemen: This opinion has been requested of the undersigned, a Vice President and an AssisUlnt General Counsel of AMBAC Indemnity Corporation, a Wisconsin stock insurance company C'AMBAC Indemnity"), in connection ".ith the issuance by AMBAC Indemnity of a cerbin Surety Bond, effective as of the date hereof (the "Surety"), guaranteeing pa)ment of an amount equal to $> into the Debt Service Reserve Fund for the >, <k1ted > (the "Bonds"). In connection with my opinion herein, I have examined the Surety, such statutes, documents and proceedings as I have considered necessary or appropriate under the circumstances to render the follo\',ing opinion, including, without limiting the generality of the foregoing, certain statements contained in the Official Statement of the Issuer dated >, 199-, rcl:lting to the Bonds (the "Official Statement") under the headings h>" and ">". Based upon the foregoing and having regard to legal considerations I deem relevant. I am of the opinion that: 1. AMBAC Indemnity is a stock insurance company duly organized and validly existing under the laws of the State of Wisconsin and duly quallfied to conduct an insurance business in the State of >. 2. AMBAC Indemnity has full corporate power and authority to execute and deliver the Surety and the Surety has been duly authorized, executed and delivered by AMBAC Indemnity and constitutes a legal. valid and binding obligation of AMBAC Indemnity enforce:lble in accordance with its terms except to the extent that the enforceability (but not the validity) of such obligation may be limited by any applicable bankruptcy, insolvency, liquidation, rehabilitation or other similar law or enactment now or here:lfter enacted affecting the enforcement of creditors' rights. 3. The execution and delivery by AMBAC Indemnity of the Surety \\ill not. and the consummation of the transactions contemplated thereby and the satisfaction of the tenns thereof will not, conflict \\ith or result in a breach of any of the tenns, conditions or provisions of the Certificate of Incorporation or By Laws of AMBAC Indemnity, or any restriction contained in any contract, agreement or instrument to which AMBAC Indemnity is a party or by which it is bound or constitute a default under any of the foregoing. 4. Proceedings legally required for the issuance of the Surety have been taken by AMBAC Indemnity and licenses, orders. consents or other authorizations or approvals of any governmental boards or bodies legally required for the enforceability of the Surety have been obtained: any proceedings not taken and any licenses. authorizations or approvals not obtained arc not material to the enforceability of the Surety. 9 ...1.;' . 5. The stltemcnts conuined in the Official St41tcmcnt under the heading '">," insofar as such sbtcments constitute sUll'lJrulries of the matters referred to therein, accurately reflect and fairly present the information purported to be shown and, insofar as such statements describe AMBAC Indemnity. fairly and accurately describe AMBAC Indemnity. The opinions expressed herein are solely for your benefit, and may not be relied upon by any other person. Very truly yours, Vice President and AssiSbnt General Counsel ," }, , .~ . 10 -', t I ,,' . . ~ <'. .' . - A ~ EXHIBIT G SURETY CERTIFICATE OF BOND INSURER AMBAC Indemnity Corporation ("AMBAC") is issuing a surety bond (the "Surety Bond") guaranteeing pa)ment of an amount equal to $> to fund the Bond Reserve Requirement (as defined in the Surety Bond) established \..ith regard to> (the "Issuer") >, dated> (the "Bonds"). On behalf of AMBAC, the undersigned hereby certifies that: (i) the Surety Bond is an unconditional and recourse obligation of AMBAC to pay the scheduled payments of interest and principal on the Bonds in the event a draw on the Reserve Fund is required under the {ResolutionlIndenture} and the amount credited to such Fund is insufficient to make such payment (up to but not in excess of the Surety Bond Coverage as defined in the Surety Bond); (ii) the premium of $> for the Surety Bond was detcnnined in ann's length negotiations in accordance \\ith our standard procedures, is required to be paid as a condition to the issuance of the Surety Bond, and represents a reasonable charge for the transfer of credit risk; (iii) no portion of such premium represents a pa)'ment for any direct or indirect services other than the transfer of credit risk, including costs of underwriting or remarketing the Bonds or the cost of insurance for casualty of Bond financed property; (iv) we are not co-obligors on the Bonds and we do not reasonably expect that we \\;11 be called upon to make any payment under the Surety Bond; and (v) the Issuer is not entitled to a refund of any portion of the premium for the Surety Bond in the event that the Bonds are retired prior to their stated maturity. IN \VITNESS WHEREOF, AMBAC Indemnity Corporation has caused this certificate to be executed in its name on this> day of >, 19> by one of its officers duly authorized as of such date. AMBAC INDEMNITY CORPORATION By: > Vice President and Assistant General Counsel . , .. - -. .~ ~ . . . .. . EXHIBIT H SURETY BOND AMBAC Indemnity Corporation One State Street Plaza New York, New York 10004 Telephone: (212) 668-0340 Policy No. SB BE AMBAC Indemnity Corporation ("AMBAC"), in consideration of the pa)ment of the premium and subject to the terms of this Surety Bond, hereby unconditionally and irrevocably guarantees the full and complete pa)'ments which are to be applied to pa)ment of principal of and interest on the Obligations (as hereinafter defined) and which are required to be made by or on behalf of the (the '"Obligor') to (the "Paying AgentITrustee") as such pa~ments are due by the Obligor but shall not be so paid pursuant to a resolution of the City Council of the Obligor authorizing the issuance of $ (the hOb ligations") of said city and providing the terms and conditions for the issuance of said Obligations (the hResolution/IndenturelOrdinance")~ provided thnt the amount available at any particular time to be paid to the Paying Agent under the terms hereof slmll not exceed the Surety Bond Coverage, defined herein as the lesser of $ or the [Debt Service Reserve Fund Requirement for the Obligations, as that term is defined in the Resolution) (the '.Reserve Requirement"). The Surety Bond Coverage shall be reduced and may be reinstated from time to time as set forth herein. I. As used herein, the term hO\\ner" shall me:m the registered o\\ner of any Obligation as indicnted in the books mainmined by the applicable paying agent, the Obligor or any designee of the Obligor for such purpose. The term .'O\\ner~' shall not include the Obligor or any person or entity whose obligation or obligations by agreement constitute the underl~;ng security or source of pn}ment of the Obligations. 2. Upon the later of: (i) one (I) day after receipt by the General Counsel of AMBAC of a demand for pn}ment in the form atbched hereto as AtUlchment I (the "Demand for Payment"), duly executed by the Paying Agent certifying that pa)ment due as required by the Resolution has not been mnde to the Pa};ng Agent~ or (ii) the pa~ment date of the Obligations as specified in the Demand for Pa}ment presented by the Pa};ng Agent to the General Counsel of AMBAC, AMBAC \\;11 make a deposit of funds in an account with the Pa);ng Agent or its successor, in [City/State) sufficient for the pa)ment to the Paying Agent, of amounts which are then due to the Paying Agent (as specified in the Demand for Pa)ment) up to but not in excess of the Surety Bond Coverage. 3. Demand for Pa}ment hereunder may be made by prepaid telecopy, telex, or telegram of the executed Demand for Payment clo the General Counsel of AMBAC. If a Demand for Payment nude hereunder does not, in any insbnce conform to the terms and conditions of this Surety Bond, AMBAC slull give notice to the Paying Agent. as promptly as reasonably practicable that such Demand for Pa}ment was not effected in accord:mce with the teons and conditions of this Surety Bond and briefly sbte the renson(s) therefor. Upon being notified that such Demnnd for Pa}ment was not effected in accordance \'.;th this Surety Bond, the Paying Agent Imy attempt to correct any such nonconfonning Demand for Pa)ment if, and to the extent that. the Paying Agent is entitled and able to do so. 12 ,I ,. . , . .\ \' ". . '. ..... , . , . . ,.. . . ...~'" -- . . , . ... 4. The amount payable by Al\1BAC under this Surety Bond pursuant to a Demand for Payment shall be limited to the Surety Bond Coverage, The Surety Bond Coverage shall be reduced automatically to the extent of each pa)ment made by AMBAC hereunder and will be reinstated to the extent of each reimbursement of AMBAC by the Obligor pursuant to Article II of the Guaranty Agreement, dated as of the d:1te of the Obligations, by and between AM BAC and the Obligor (the "Guaranty Agreement"); provided, that in no event shall such reinstatement exceed the Surety Bond Coverage. AMBAC \\ill notify the Paying Agent, in writing \\ithin five (5) days of such reimbursemen~ that the Surety Bond Coverage has been reinstated to the extent of such reimbursement pursuant to the Guaranty Agreement and such reinstatement shall be effective as of the date AMBAC gives such notice. The notice to the Paying Agent \\;11 be substantially in the form attached hereto as Attachment 2. The Surety Bond Coverage shall be automatically reduced to the extent that the Reserve Requirement for the Obligations is lowered or reduced pursuant to the tenns of the Resolution. S. Any service of process on AMBAC may be made to AMBAC or the office of the General Counsel of AMBAC and such service of process shall be valid and binding as to AMBAC. During the tenn of its appointment, General Counsel will act as agent for the acceptance of service of process and its offices are located at One State Street Plaza, New York, New York 10004, 6. This Surety Bond is noncancelable for any reason. The tenn of this Surety Bond shall expire on the earlier of (i) (the maturity date of the Obligations) or (ii) the date on which the Obligor, to the satisfaction of AMBAC, has made all payments required to be made on the Obligations pursuant to the Resolution. The premium on this Surety Bond is not refundable for any reason. including the pa)ment prior to maturity of the Obligations. 7. This Surety Bond shall be governed by and interpreted under the laws of the State of Wisconsin [or I\'linnesota, Vermont, North Carolina, South Carolina or \Vashington, for financings in those states], and any suit hereunder (seeking specific performance, for financings in Florida) in connection with any pa)ment may be brought only by the Paying Agent \\;thin one year [two years in l\1innesota, three years in Maryland, five years in Kansas and five years in Florida) after (i) a Demand for Pa}ment, \'..ith respect to such pa)nlent, is made pursuant to the tenns of this Surety Bond and AMBAC has failed to make such pa~ment or (ii) pa~ment would otherwise have been due hereunder but for the failure on the part of the Paying Agent to deliver to AMBAC a Demand for Pa~ment pursuant to the terms of this Surety Bond, whichever is earlier. 8. One of the following paragraphs may apply: ADDITIONAL PARAGRAPH FOR CALIFORNIA TRANSACTIONS: In the event that AMBAC Indemnity were to become insolven~ any claims arising under the Surety Bond would be excluded from coverage by the California Insurance Guaranty Association, esublished pursuant to the laws of the Stolte of California. ADDITIONAL PARAGRAPH FOR NEW YORK TRANSACTIONS: 'The insurance provided by the Surety Bond is not covered by the property/casualty insurance security fund specified by the insurance laws of the State of New York. 13 ADDITIONAL PARAGRAPH FOR FLORIDA TRANSACTIONS: The insurance provided by the Surety Bond is not covered by the Florida InsurJIlcc GuarJIlty Association. IN \VITNESS WHEREOF, AMBAC has caused this Surety Bond to be executed JIld attested on its behalf this day of, 19 AMBAC Indemnity Corporation Attest: Assistant Secretary By: Vice President and Assistant General Counsel By: [Countersignature Agent, if applicable] 14 ~;, Attachment 1 Surety Bond No.SB BE DEMAND FOR PAYMENT . 19 AMBAC Indemnity Corporation One State Street Plaza New York, New Yark 10004 Attention: General Counsel Reference is made to the Surety Bond No. S8 BE (the "Surety Bond") issued by AMBAC Indemnity Corporation ("AMBAC"). The terms which are capitalized herein and not otherwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. The Pa~ing Agent hereby certifies that: (a) Pa)ment by the Obligor to the Paying Agent was due on [a dat~ not less than one (I) day pnor to the applicable payment date for the Obligations J under the . attached hereto as Exhibit A, in an amount equal to S (the "Amount Due~'). The Amount Due is payable to the O\\ners of the Obligations on (b) S has been deposited in the [fund/account] from moneys paid by the Obligor or from other funds legally available to the Paying Agent for pa}ment to the O\\ners of the Obligations, which amount is $ less than the Amount Due (the '.D~ficiency"). . (c) The Paying Agent has not heretofore made demand under the Surety Bond for the Amount Due or any portion thereof. The Pa)ing Agent hereby requests that payment of the Deficiency (up to but not in excess of the Surety Bond Coverage) be made by AMBAC under the Surety Bond and directs that payment under the Surety Bond be made to the follo\,;ng account by bank wire transfer of federal or other immediately available funds in accordance \\rith the tenns of the Surety Bond: [Pa)ing Agent's Account] [PAYING AGENT) By: Its: 15 . . .. .',', I _':' _,~. . '.' ~ '--""" 4 ~ _ '-, - . Attachment 2 Surety Bond No. S8 BE NOTICE OF REINSTATEMENT , 19 [Paying Agent] [Address] Reference is made to the Surety Bond No. S8 BE (the "Surety Bond") issued by AMBAC Indemnity Corporation ("AMBACtl). The tenns which are capitalized herein and not othelwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. AMBAC hereby delivers notice that it is in receipt of payment from the Obligor pursuant to Article II of the Guaranty Agreement and as of the date hereof the Surety Bond Coverage is $ . subject to a reduction as the Resen'e Requirement for the Obligations is lowcred or rcduccd pursuant to the terms of the Resolution. AMBAC INDEMNITY CORPORATION Attest: Title By: Title 16 EXHIBIT I GUARANTY AGREEl\'IENT GUARANTY AGREEMENT dated as of , 19 by and between . a public body corporate organized and existing under the laws of the State of (the "Obligor"); and AMBAC INDEMNIlY CORPORATION ("AMBAC"), a Wisconsin domiciled stock insurance company. WITNESSETH: WHEREAS, the Obligor has or will issue (the "Obligations''); and WHEREAS, AMBAC \..ill issue its Surety Bond (the "Surety Bond"), substantially in the fonn set forth in Annex A to this Agreement, guaranteeing certain pa)ments by the Obligor subject to the terms and limitations of the Surety Bond~ and WHEREAS, to induce AMBAC to issue the Surety Bond, the Obligor has agreed to pay the premium for such Surety Bond and to reimburse AMBAC for all pa~ments made by AMBAC under the Surety Bond from Legally Available Funds, all as more fully set forth in this Agreement: and WHEREAS, the Obligor understands that AMBAC expressly requires the delivery of this Agreement as part of the consideration for the execution by AMBAC of the Surety Bond: and NOW, THEREFORE, in consideration of the premises and of the agreements herein contained and of the execution of the Surety Bond, the Obligor and AMBAC agree as follows: ARTICLE I DEFINITIONS; SURETY BOND Section 1.01. Definitions. Except as othen..ise expressly provided herein or unless the context othel'\\ise requires, the tenns which are capitalized herein shall have the meanings specified in Annex B hereto. Section 1.02. Suretv Bond. (3) AMBAC \\ill issue the Surety Bond in accordance with and subject to the tenns and conditions of the Commitment. (b) The maximum liability of AMBAC under the Surety Bond and the coverage and term thereof shall be subject to and limited by the Surety Bond Coverage and the tenns and conditions of the Surety Bond. 17 . (c) Pa~ments made under the Surety Bond will reduce the Surety Bond Coverage to the extent of that pa~ment, provided that the Surety Bond Coverage shall be automatically reinstated to the extent of the reimbursement of principal by the Obligor of any pa~ment made by AMBAC. AMBAC slull notify the Paying Agent in writing no later than the fifth (5th) day following the reimbursement by the Obligor that the Surety Bond has been reinsUted to the extent of such reimbursement. Section 1.03. Premium. In consideration of AMBAC agreeing to issue the Surety Bond hereunder, the Obligor hereby agrees to payor cause to be paid from Legally Available Funds the premium set forth in the Conunitment. Section 1.04. Certain Other Expenses. The Obligor \\;11 pay all reasonable fees and disbursements of AMBAC's counsel related to any modification of this Agreement or the Surety Bond. ARTICLE II REII\'IBURSEr.'lENT OBLIGATIONS OF OBLIGOR AND SECURITY THEREFORE Section 2.01. Reimbursement for Pa\ments Under the Suret\' Bond and Expenses. (a) The Obligor ,,;11 reimburse AMBAC, from Legally Available Funds within the Reimbursement Period, ,..ithout demand or notice by AMBAC to the Obligor or any other person, to the extent of each Surety Bond Pa)TI1ent with interest on each Surety Bond Pa~TI1ent from and including the ~te made to the date of the reimbursement by the Obligor at the Effective Interest Rate. The Obligor agrees that it shall make monthly level principal repa)ments for each Surety Bond Pa)ment during the Reimbursement Period. Interest on each Surety Bond Pa)ment shall be paid monthly during the Reimbursement Period. To the extent that interest pa}ments due hereunder are not paid on a monthly basis, or are not paid as each principal repa~ment is made, interest shall accrue on such unpaid amounts at a rate equal to the Effective Interest Rate. (b) The Obligor also agrees to reimburse AMBAC, from Legally Available Funds, immediately and unconditiorullly upon demand for all reasonable expenses incurred by MfBAC in connection ,..ith the Surety Bond and the enforcement by AMBAC of the Obligor's obligations under this Agreement together ,..ith interest on all such expenses from and including the date which is 30 days from the date a statement for such expenses is received by the Obligor incurred to the date of pa~ment at the rate set forth in subsection (a) of this Section 2.01. Section 2.02. Allocation of Pa\ments. AMBAC and the Obligor hereby agree that each repa)ment of principal received by AMBAC from or on behalf of the Obligor as a reimbursement to AMBAC as required by Section 2.01(a) hereof shall be applied to reinsbte all or a portion of the Surety Bond Coverage to the extent of such repa~ment. Any interest payable pursuant to Section 2.0 I(a) hereof shall not be applied to the reinstatement of any portion of the Surety Bond Coverage. 18 , .._ ,. ~ -'-__ .w________ .... .-__ -. _. -.--.- -* " . . ~ , , Section 2.03. Securitv for Pa)ments: Instruments of Further As~urance. To the extent, but only to the extent, that the Resolution, pledges to the O\\ners or any paying agent therefor, or grants a security interest or lien in or on any collateral property, revenue or other pa~mcnts ("Collateral and Revenues") in order to secure the Obligations or provide a source of pa~mcnt for the Obligations, the Obligor hereby grants to AMBAC a security interest in or lien on. as the case may be, and pledges to AMBAC all such Collateral and Revenues as security for pa)ment of all amounts due hereunder, which security interest, lien andlor pledge created or granted under this Section 2.03 shall be subordirulte only to the interests of the Owners and any paying agent therefor in such Collateral and Revenues. The Obligor agrees that it \\;11, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all financing statements, if applicable, and all other further instruments as may be required by law or as shall reasonably be requested by AMBAC for the perfection of the security interest, if any, granted under this Section 2.03 and for the preservation and protection of all rights of AMBAC under this Section 2.03. Section 2.04. Unconditional Obligation. The obligations of the Obligor hereunder are absolute and unconditional and will be paid or perfonned strictly in accordance with this Agreement, irrespective of: (a) any lack of validity or enforceability of: or any amendment or other modification of, or waiver with respect to the Resolution or the Obligations; (b) any exchange, release or nonperfection of any securitv interest 10 property securing the Obligations or this Agreement or any obligations hereunder; (c) any circumstances which might otherwise constitute a defense available to, or discharge of, the Obligor \\ith respect to the Obligations; (d) whether or not such Obligations are contingent or matured. disputed or undisputed, liquidated or unliquidated. ARTICLE III EVENTS OF DEFAULT; REMEDIES Section 3.01. Events of Default. The follo\\;ng events shall constitute Events of Def~ult hereunder: (a) The Obligor shall fail to pay to AMBAC any amount payable under Sections 1.04 and 2.01 hereof and such failure shall have continued for a period in excess of the Reimbursement Period~ (b) Any material representation or warranty made by the Obligor hereunder or under the Resolution or any statement in the application for the Surety Bond or any report, certificate, firumcial statement or other instrument provided in connection \\ith the Commitment, the Surety Bond or here'....ith shall have been materially false at the time when made~ 19 (c) Except as otherwise provided in this Section 3.0 I, the Obligor shall fail to perform any of its other obligations under this Agreement or hereunder, provided that such failure continues for more than thirty (30) days after receipt by the Obligor of notice of such failure to perfonn: (d) The Obligor shall (i) voluntarily conunence any proceeding or file any petition seeking relid under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law, (ii) consent to the institution of, or fail to controvert in a timely and appropriate manner, any such proceeding or the filing of any such petition, (iii) apply for or consent to the appointment of a receiver, paying agent, custodian, sequestrator or similar official for the Obligor or for a substantial part of its property, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, (vi) become unable, admit in writing its inability or fail generally to pay its debts as they become due or (vii) take action for the purpose of effecting any of the foregoing; or (e) An involuntary proceeding shall be conunenced or an involuntary petition shall be filed in a court of competent jurisdiction seeking (i) relief in respect of the Obligor, or of a substantial part of its property, under the United States Bankruptcy Code or any other Federal. state or foreign bankruptcy, insolvency or similar law or (ii) the appointment of a receiver, pa~ing agent, custodian, sequestrator or similar official for the Obligor or for a substantial part of its property: and such proceeding or petition shaH continue undismissed for sixty (60) days or an order or decree approving or ordering any of the foregoing shall continue unstayed and in effect for thirty (30) days. Section 3.02. Remedies. If an Event of Default shall occur and be continuing, then AMBAC may take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due under this Agreement or any related instrument and any obligation, agreement or covenant of the Obligor under this Agreement: provided, however, that AM BAC may not take any action to direct or require acceleration or other early redemption of the Obligations or adversely affect the rights of the O\\ners. All rights and remedies of AMBAC under this Section 3.02 are cumulative and the exercise of anyone remedy does not preclude the exercise of one or more of the other available remedies. ARTICLE IV SETTLEMENT AMBAC shalI have the exclusive right to decide and determine whether any claim, liability, suit or judgment made or brought against AMBAC, the Obligor or any other party on the Surety Bond shall or shall not be paid, compromised, resisted, defendecL tried or appealed, and AMBAC's decision thereo~ if made in good faith, shall be final and binding upon the Obligor. An itemized sbtement of pa~ments made by AMBAC, certified by an officer of A~fBAC. or the voucher or vouchers for such pa~ments, shall be prima facie evidence of the liability of the Obligor. and if the Obligor fails to reimburse AMBAC, pursuant to subsection (b) of Section 2.01 hereof. upon the receipt of such sbtement of pa)ments, interest shall be computed on such amount from the date of any pa~ment made by AMBAC at the rate set forth in subsection (a) of S~ction 2.0 I hereof. 20 . . t ~ . , ' . " . . ,< ,,' ,', .' ~: \ ' . - . \', ' .. I ARTICLE V MISCELLANEOUS Section 5.01. Computntions. All computntions of premium, interest and fees hereunder shall be made on the basis of the actual number of dnys elapsed over a year of 360 days. Section 5.02. Exercise of Rights. No failure or delay on the part of AMBAC to exercise any right, pO\....er or privilege under this Agreement and no course of dealing between AMBAC and the Obligor or any other party shall operate as a waiver of any such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which AMBAC would othel"\v1se have pursuant to law or equity. No notice to or demand on any party in any case shaH entitle such party to any other or further notice or demand in similar or other circumst.:lnces, or constitute a waiver of the right of the other party to any other or further action in any circumstances \\ithout notice or demand. Section 5.03. Amendment and Waiver. Any provision of this Agreement may be amended. \\&lived, supplement~ discharged Of terminated only with the prior written consent of the Obligor and AMBAC. The Obligor hereby agrees that upon the written request of the Pa)ing Agent, AMBAC may make or consent to issue any substitute for the Surety Bond to cure any ambiguity or formal defect or omission in the Surety Bond which does not materially change the terms of the Surety Bond nor adversely affect the rights of the O\'vners, and this Agreement shall apply to such substituted Surety Bond. ~\1BAC agrees to deliver to the Obligor and to the company or companies, if any. rating the Obligations, a copy of such substituted Surety Bond. Section 5.04. Successors and Assigns: Descriptive Hendings. (a) This Agreement shaH bind, and the benefits thereof shall inure to. the Obligor and AMBAC and their respective successors and assigns; provided, that the Obligor may not transfer or assign any or all of its rights and obligations hereunder without the prior written consent of AMBAC. (b) The descriptive headings of the various provisions of this Agreement are inserted for convenience of reference only and shall not be deemed to affect the meaning or construction of any of the provisions hereof. Section 5.05. Other Sureties. If AMBAC shall procure any other surety to reinsure the Surety Bond, this Agreement shall inure to the benefit of such other surety, its successors and assigns, so as to give to it a direct right of action against the Obligor to enforce this Agreement, and '"AMBAC," wherever used herein, shall be deemed to include such reinsuring surety, as its respective interests may appear. Section 5.06. Signature on Bond. The Obligor's liability shnIl not be affected by its failure to sign the Surety Bond nor bv an\' claim that other indemnity or security was to have been obtained nor " -. .., by the release of any indenmity, nor the return or exchange of any collateral that may have been obtained. 21 Section 5.07. Waiver. The Obligor waives any defense that this Agreement was executed subsequent to the date of the Surety Bond. admitting and covenanting that such Surety Bond was executed pursuant to the Obligor's request and in reliance on the Obligor's promise to execute this Agreement. Section 5.08. Notices. Request~.. Demands. Except as othen,ise expressly provided hcrein. all written notices, requests, demands or other communications to or upon the respective panies hereto shall be deemed to have been given or made when actually received, or in the case of tclex or telecopier notice sent over a telex or a telecopier machinc o\\ned or operated by a party hereto, when sent, addressed as specified below or at such other address as either of the parties hereto or the Paying Agent may hereafter specify in writing to the others: If to the Obligor: > If to the Paying Agent: > If to AMBAC: AMBAC Indemnity Corporation One State Street Plaza 17th Floor New York, New York 10004 Attention: General Counsel Section 5.09. Survival of Representations and Warranties. All representations, warranties and obligations contained herein shall survive the execution and delivery of this Agreement and the Surety Bond. Section 5.10. Governing Law. This Agreement and the rights and obligations of the panies under this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State. Section 5.11. Counterparts. This Agreement may be executed in any number of copies and by the different parties hereto on the same or separate counterparts, each of which shall be deemed to be an original instrument. Complete counterparts of this Agreement shall be lodged with the Obligor and AMBAC. Section 5.12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction. such holding shall not invalidate or render unenforceable any other provision hereof. IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. (Se:ll) Attest: Title By Title A~1BAC INDEMNITY CORPORATION By Title 22 , , '. ,\l ~..' . . \ ." .......... .' . , . , . . . . '.' t . '. ..... ... - .. ANNEX A - SURETY BOND ANNEX B DEFINITIONS For all purposes of this Agreement, except as othef'\\ise expressly provided herein or unless the context othernise requires, all capitalized terms shall have the meaning as set out bcJo\\'. "Agreement" means this Guaranty Agreement. '"AAfBAC" has the same meaning as set forth in the first paragraph of this Agreement. '"Collateral and Revenues" has the same meaning as set forth in Section 2.03 hereof. '"Commitment" means the AMBAC Commitment for Surety Bond in the fonn attached hereto as " Annex C. '"Debt Service Payments" means those payments required to be made by the Obligor which will be applied to pa)ment of principal of and interest on the Obligations. "Effective Interest Rate" means the lesser of the Reimbursement Rate or the ma.ximum rate of interest permitted by then appHcable law; provided, however, that the Effective Interest ~tc shall in no event be less than the interest rate on the Obligations. '"Event of Default" shall mean those events of default set forth in Section 3.01 of this Agreement. "Legally Available Funds" means any moneys legally available to the Obligor for the payment of its obligations. "Obligations" has the same meaning as set forth in the second paragraph of this Agreement. '"Obligor" has the same meaning as set forth in the first paragraph of this Agreement. '"O\\ners" means the registered o\\ner of any Obligation as indicated in the books maintained by the applicable pa};ng agent, the Obligor or any designee of the Obligor for such purpose. The tenn '"O\\ner" shall not include the Obligor or any person or entity whose obligation or obligations by agreement constitute the underl)ing security or source of pa)ment for the Obligations. '"Paying Agent" means hReimbursement Period" means, \\;th respect to a particular Surety Bond Pa)ment, the period commencing on the date of such Surety Bond Pa~ment and ending 12 months following such Surety Bond Pa~ment. "Reimbursement Ratc" means Citibank's prime rate plus two (2) percent per annum, as of the date of such Surety Bond Pa)11lent, said "prime rate" being the ratc of interest announced from time to time by Citibank, New York, New York. as its prime rate. The rate of interest shall be calculated on the basis of a 360 day y~r. 23 . . . .. ,.... , . . . ( "Resolution" means hSbte" means the Sbte of "Surety Bond" means the surety bond issued by AMBAC substantially in the fonn attached to this Agreement as Annex A. '.Surety Bond Coverage" means the amount available at any particular time to be paid to the Pa~;ng Agent under the terms of the Surety Bond, which amount shall never exceed $ "Surety Bond Pa~ment" means an amount equal to the Debt Service Pa~ment less (i) that portion of the Debt Service Pa}ment paid by the Obligor, and (ii) other funds legally available to the Paying Agent for pa~ment to the O\\ners, all as certified by the Paying Agent in a demand for pa)ment rendered pursuant to the tenns of the Surety Bond. ANNEX C COMMITMENT 24 ~ . . . . . , . . . . . . ~ "'.. , . ( ~ . . A1\1BAC INDEMNITY CORPORATION WIRING INSTRUCTIONS (REVISED. AS OF 4/10/95) Citibank N.A. ABA NO. 021000089 For: AMBAC Indemnity Corporation AlC No. 40609486 Advise: Pamela Dottin (212) 208-3308 ... Please indic:lte Policy Number on wire ... POLICY NUMBER CAN BE OBTAINED FROM AMBAC INDEMNIlY'S CLOSING DEPARTMENT. CALL JANINE FEUDI AT (212) 208-3301 . i { I I ! I I ;. .~' ,.. :f- .( ., J " ,. 25 ", ",' '. ,,' , .' " .' . AMBAC~ '\.\IB.\C Indl'l1lnil~' CllrpOr.lli(l1l ( )Ih' .....{.IIl' "'lrl'l'l 1'1.1/~1 '\\..'\\ Yllrk. :\\..'\\ Yllrk )(UHII 12121 (1(,~-!l}IO Fa:\ 1212' :;O\)-9Jl)(1 May 20, 1996 AMBAC INDEMNITY STANDARD PACKAGE FOR AMBAC-INSURED TRANSACTIONS (NOT FOR USE WITH GENERAL OBLIGA TION/LIMITED OR UNLIMITED TAX TRANSACTIONS) TO: Issuer, Issuer's CounseL Managing Underwriter, Bond Counsel and UndernTiter's Counsel RE: Preparation of Financing Documents for AMBAC Indemnity Insurcd Issues The attached materials have been prepared to assist you in the preparation of documenlc.; for your AMBAC Indemnity Corporation ("AMBAC Indemnity" insured issue. Please modifY the attached exhibits where appropriate and notify us as to any proposed modifications, If des~ these provisions can be incorporated into one section entitled "Municipal Bond Insurance" within the applicable Indenture, Resolution, Ordinance, Order or any other operative financing docwnent (such applicable financing document will be referred to herein as the ~'Financing Document'). Please be advised that the provisions contained in this package are in addition to the conditions listed in the Commitment for Municipal Bond Insurance and any other corrunents or changes that may be required by the AMBAC Indemnity personnel working on this financing. If you have any questioos, please call one of the following persons: Eileen L, Kirchof( Jerry H, Pisecki, Karl T. Molin, Mal)' P. McKeon, or Kevin J. Doyle. · Definitions (Exhibit A). · AMBAC Indemnity consent required for changes to underlying documentation and exercise of remedies upon default (Exhibit B). · INFORMA nON to be given to AMBAC Indemnity (E.xhibit C). · Pennitted Investments and Valuation Provisions (Exhibit D). · Defeasance Language (Exhibit E). · Description of AMBAC Indemnity Payment Procedure (Exhibit F). · Trustee-related provisions (Exhibit G). · AMBAC Indemnity as a third-party beneficiary (Exhibit H), · Suggested language for (i) AMBAC Indemnity Official Statement Disclosure, (ii) Notice of Sale, (ill) Bond Legend, and (iv) Cover page of Official Statement (Exhibit I), · Fonn of AMBAC Indemnity I..egaJ Opinion (Exhibit J). . Fonn of AMBAC Indenmity Certificate ofBood Insurer (Exhibit K). . AMBAC Indenmity Wiring Instructions (Exhibit L). ~~"t'~',;.<l EXmBIT A DEFINITIONS The following definitions are those which AMBAC recommends for the Financing Document: "AMBAC Indemnity" shall mean AMBAC Indemnity Corporation, a Wisconsin -domiciled stock msurance company. "Municipal Bond Insurance policyn shall mean the municipal bond insurance policy issued by AMBAC Indemnity inmring the payment when due of the principal of and interest on the Bonds as provided therein. .: ( i j' EXHIBIT B AMBAC CONSENT LANGUAGE AMBAC requires that the Financing Document include the following consent provisions: A Consent of AMBAC Indemnity. Any provision of this [Financing Document] expressly recognizing or granting rights in or to AMBAC Indemnity may not be amended in any manner which affects the rights of AMBAC Indemnity hereunder without the prior written consent of AMBAC Indemnity. B. Consent of AMBAC Indemnity in Addition to Bondholder Consent. Unless otherwise provided in this Section, AMBAC Indemnity's consent shall be required in addition to Bondholder consent, when required, for the following purposes: (i) execution and delivery of any supplemental [Financing Document] or any amendment, supplement or change to or modification of the [Loan Agr=nent, Lease Agreement, etc.] (ii) removal of the Trustee or Paying Agent and selection and appointment of any successor trustee or paying agent I required in those t:ransactions in which the Financing Document provides for a trustee or paying agent]; and (iii) initiation or approval of any action not described in (i) or (ii) above which requires Bondholder consent. C. Consent of AMBAC Indenmity in the Event of Insolvency Any reorganization or liquidation plan with respect to the [issuer or obligor] must be acceptable to AMBAC Indemnity. In the event of any reorganization or liquidation, AMBAC Indemnity shall have the right to vote on behalf of all bondholders who hold AMBAC Indemnity-insured bonds absent a default by AMBAC Indemnity under the applicable Municipal Bond Insurance Policy insuring such Bonds. [In transactions for which acceleration is not a remedy for an event of default, the following provision is to be included in the Financing Document.] D. Consent of AMBAC Indemnity Upon Default. Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and continuance of an event of defiwJt as defined herein, AMBAC Indemnity shall be entitled to control and direct the enforcement of all rights and remedies granted to the Bondholders or the Trustee for the benefit of the Bondholders under this [Financing Docwnent]. (In transactions for which acceleration is a remedy for an event of default, the following two provisions must be included in the Fmancing Document in lieu of paragraph D above.) D. Consent of AMBAC Indemnity Upon DefauJt. Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and continuance of an event of defi1ult as defined herein, AMBAC Indenmity shall be entitled to control and direct the enforcement ofall rights and remedies granted to the Bondholders or the Trustee for the benefit of the Bondholders under this [Financing Document], including, without limitation: (i) the right to accelerate the principal oftbe Bonds as described in this [Financing Document], and (ii) the right to annul any declaration of acceleration, and AMBAC Indemnity shall also be entitled to approve all waivers of events of defiw.lt. 3 .. ~?~.~:' \ E. Acceleration Ri~htJ Upon the occurrence of an event of default, the Trustee may, y.ith the consent of AMBAC Indcmnity, and shaI.l. at the direction of AMBAC IndenU1ity or _ % of the Bondholders with the consent of AMBAC Indemnity, by written notice to the Issuer and AMBAC Indemnity, declare the principal of the Bonds to be immediately due and payable, whereupon that portion of the principal of the Bonds thereby coming due and the interest thereon accrued to the date of payment shall, without further action, become and be immediately due and payable, anything in this [Financing Docwnent] or in the Bonds to the contrary notwithstanding. ;:\ .. EXHIBIT C INFORMATION TO BE GIVEN TO AMBAC AMBAC requires that the following notice provisions be incorporated in the Financing Document: A. While the Municipal Bond Insurance Policy is in effect, the Issuer* or the Trustee las appropriate] shall furnish to AMBAC Indemnity (to the attention of the Surveillance Department, unless otherwise indicated): (a) as sooo as practicable after the filing thereot: a copy of any financial statement of the Issuer* and a copy ofany audit and annual report of the Issuer*; (b) a copy of any notice to be given to the registered owners of the Bonds, inclu~ without limi~ notice of any redemption of or defeasance of Bonds, and any certificate rendered pursuant to this [Financing Document] relating to the security for the Bonds; and (c) such additional information it may reasonably request. B. The Trustee or Issuer* [as appropriate] shall notify AMBAC Indemnity of any failure of the Issuer* to provide relevant notices, certificates, etc. C. The Issuer* will pennit AMBAC Indemnity to discuss the affillrs, finances and accounts of the Issuer* or any infonnation AMBAC Indemnity may reasonably request regarding the security for the Bonds with appropriate officers oftbe Issuer*. The Trustee or Issuer* [as appropriate] will pennit AMBAC Indemnity to [have access to the Project and] have access to and to make copies of all books and records relating to the Bonds at any reasonable time. D. AMBAC Indemnity shall have the right to direct an accounting at the Issuer's. expense, and the Issuer's. fuilure to comply with such direction within thirty (30) days after receipt of written notice of the direction from AMBAC Indemnity shall be deemed a defuult hereunder; provided, however, that if compliance cannot ocxur within such period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any registered owner of the Bonds. E. Notwithstanding any other provision of this [Financing Document], the Trustee or Issuer* [as appropriate] shaI1 immediately notify AMBAC Indemnity if at any time there are insufficient moneys to make any payments of principal and/or interest as required and immediately upon the occurrence of any event of defiwIt hereunder. F, To the extent that the Issuer has entered into a continuing disclosure agreement with respect to the Bonds, AMBAC Indenmity shall be included as party to be notified. G. [FOR CALIFORNIA AND INDIANA (ABATEMENT STILE) LEASES] The Trustee or Issuer [as appropriate] shall annually certify to AMBAC that the insurance policies required by Section _ of the [I..easeJIndenture] are in full force and effect, and will provide AMBAC with copies of such policies upon request. .or appropriate obligor on the Bonds. 5 ExmBIT D PERMlTIED INVESTMENTS A. AMBAC Indemnity will allow the following obligations to be used as Pennittcd Investments for all purposes, includinJ: defeasance investments in refunding escrow accounts. (AMBAC Indemnity does not J:ive a premium credit for the investment of accrued and/or capit~li7.ed interest.) (1) Cash (11lSW'ed at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligatioos described in paragraph (2) below), or (2) Direct obligations of (including obligations issued or held in book entry fonn on the books of) the Department oftbe Treasury of the United States of America. B. AMBAC Indemnity will allow the following Obligations to be used as Permitted Investments for aU purposes other than defeasance investments in refunding escrow accounts. (I) obligatioos of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including: - Export-Import Bank - Fann Credit System Financial Assistance Corporation - Fanners Home Administration - General Services Administration - U.S. Maritime Administration - Small Business Administration - Govenunent National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (pHA's) - Federal Housing Administration; (2) senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) and "Aaa" by Moody's Investors Service, Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Lean Mortgage Coq>oration. Senior debt obligations of other Government Sponsored Agencies approved by AMBAC Indernnity~ (3) U.S. dollar denominated deposit acoounts, federal funds and banker's acceptances with domestic conunerciaJ banks which have a rating 011 their short tenn certificates of deposit on the date of purchase of "A-I" or "'A -1+" by S&P and "P -I" by Moody's and maturing no more than 360 days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank); . (4) commercial paper which is rated at the time of purchase in the single highest classification, "A -1 +" by S&P and "P-I" by Moody's and which matures not more than 270 days after the date of purchase; (5) investments in a money market fund rated "AAAm" or "AAAm -0" or better by S&P; 6 (6) Pre-refunded Municipal Obligations defined as follows: Any bonds or other obligations of any state of the United States of America or of any agency t instrumentality or local governmental Wlit of any such state which are not callable at the option ofthc obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to caU on the date specified in the notice; and <A> which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P and Moody's or any successors thereto; or (B) (i) which are fully secured as to principal and interest and redemption prcmiUl1\ ifany, by an escrow consisting only of cash or obligations described in paragraph A(2) above, which escrow may be applied only to the pa}1llCl1t of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such.irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; [pre- refunded Municipal Obligations meeting the requirements of subsection (8) hereof may not be used as Permitted Investments for annual appropriation lease transactions without the prior written approval of S&P.] (7) investment agreements approved in writing by AMBAC Indemnity Corporation [supported by appropriate opinions of counsel] with notice to S&P; and (8) other fonns of investments (including repurchase ~ents) approved in writing by AMBAC with notice to S&P. C. The value of the above investments shall be determined as follows: "Value", which shall be &-.rennined as of the end ofeach month, means that the value of any investments shall be calculated as follows: a) as to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, ifnot there, then in The New York Times): the average of the bid and asked prices for such investments so published on or most recently prior to such time of detennination; b) as to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or The New York Times: the average bid price at such time of detennination for such investments by any two nationally recognized govenunent securities dealers (selected by the Trustee in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service; c) as to certificates of deposit and bankers acceptances: the face amount thereot: plus accrued interest; and d) as to any investment not specified above: the value thereof established by prior agreement between the Issuer, the Trustee and AMBAC Indemnity Corporation. 7 ... - ~ ... --~-- --~.. -- .-.- . -. ~.,. . . . EXHIBIT E '-J ,:j.:'~:. '.: .., DE~ANCELANGUAGE A. The definition of "Outstanding" bonds or obligations, or any like concept, should specifically include bonds or obligations which full into the category described below. B. The defeasance section of the Financing Document should include the following language: Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the Boods shall be paid by AMBAC Indemnity Corporation pursuant to the Municipal Bond Insurance Policy, the Bonds sbaII remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be ooosidered paid by the Issuer, and the assignment and pledge of the Trust Estate and all covenants, agreements and other obligations of the Issuer to the registered owners shall continue to exist and shall run to the benefit of AMBAC Indemnity, and AMBAC Indemnity shall be subrogated to the rights of such registered owners. I ',\. _1 N; EXHIBIT F PAYMENT PROCEDURE PURSUANT TO THE MUNICIPAL BOND INSURANCE POLICY The follo\\1ng language sets out the applicable procedure for payments under the Municipal Bond Insurance Policy and should be incorporated into the Financing Document: As long as the bond insurance shaU be in full force and effect.. the Issuer, the Trustee and any Paying Agent agree to comply with the following provisions: (a) At least one (I) day prior to aU Interest Payment Dates the Trustee or Paying Agent, ifany, will detennine whether there will be sufficient funds in the Funds and Accounts to pay the principal of or interest on the Bonds on such Interest Payment Date. If the Trustee or Paying Agent, ifany, determines that there will be insufficient funds in such funds or Accounts, the Trustee or Paying Agent, ifany, shall so notify AMBAC Indemnity. Such notice shall specify the amount of the anticipated deficiency, the Bonds to which such deficiency is applicable and whether such Bonds will be deficient as to principal or interest, or both. If the Trustee or Paying Agen~ if any, has not so notified AMBAC Indemnity at least one (1) day prior to an Interest Payment Date, AMBAC Indemnity will make payments of principal or interest due on the Bonds on or before the first (1st) day next following the date on which AMBAC Indemnity shall have rereived notice of nonpayment from the Trustee or Paying Agent, if any. (b) the Trustee or Paying Agent, ifany, shall, after giving notice to AMBAC Indemnity as provided in (a) above, make available to AMBAC Indemnity and, at AMBAC Indemnity's direction, to the United States Trust Company of New Y o~ as insurance trustee for AMBAC Indemnity or any successor insurance trustee (the "Insurance Trustee''), the registration books of the Issuer maintained by the Trustee or Paying Agent, if any, and all records relating to the Funds and Accounts maintained under this [Financing Document]. (c) the Trustee or Paying Agent, ifany, shall provide AMBAC Indemnity and the Insurance Trustee with a list of registered owners of Bonds entitled to receive principal or interest payments from AMBAC Indemnity under the tenus of the Municipal Bond Insurance Policy, and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of Bonds entitled to rereive full or partial interest payments from AMBAC Indemnity and (ii) to pay principal upon Bonds surrendered to the Insurance Trustee by the registered owners of Bonds entitled to receive full or partial principal payments from AMBAC Indemnity. (d) the Trustee or Paying Agent, ifany, shall, at the time it provides notice to AMBAC Indemnity pursuant to (a) above, notifY registered owners of Bonds entitled to receive the payment of principal or interest ther<m ftom AMBAC Indemnity (i) as to the fact of such entitlement, (ii) that AMBAC Indemnity will remit to them all or a part of the interest payments next corning due upon proof of Bondholder entitlement to interest payments and delivery to the Insurance Trustee, in fonn satisfuctory to the Insurance Trustee, ofan appropriate assigrunent of the registered owner's right to payment, (ill) that should they be entitled to receive full payment of principal from AMBAC Indemnity, they must surrender their Bonds (along with an appropriate instrument of assignment in fonn satisfactory to the Insurance Trustee to pennit ownership of such Bonds to be registered in the name of AMBAC Indemnity) for payment to the Insurance Trustee, and not the Trustee or Paying Agent, if any, and (iv) that should they be entitled to receive partial payment of principal from AMBAC Indemnity, they must surrendertbeir Bonds for payment thereon first to the Trustee or Paying Agent, if any, who shall note on such Bonds the portion of the principal paid by the Trustee or Paying Agent, ifany, and then, along with an appropriate instrument of assignment in fonn satisfuctory to the Insurance Trustee, to the Insurance Trustee, which will then pay the unpaid portion of principal. 9 (e) in the event that the Trustee or Paying Agent, ifany, bas notice that any payment of principal of or interest 00 a Bond which has become Due for Payment and which is made to a Bondholder by or on behalf of tile Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Trustee or Paying Agent, if any, shall, at the time AMBAC Indemnity is notified pursuant to (a) above, notify all registered owners that in the event that any registered owner's payment is so recovered, such registered owner will be entitled to payment from AMBAC Indemnity to the extent of such recovery if sufficient funds are DOt otherwise available, and the Trustee or Paying Agent, ifany, shall furnish to AMBAC Indemnity its records evidencing the payments of principal of and interest on the Bonds which have been made by the TJUStee or Paying Agent, ifany, and subsequently recovered from registered owners and the dates on which such payments were made. (f) in addition to those rights granted AMBAC Indemnity under this [Financing Document], AMBAC Indemnity ~ to the extent it makes payment of principal of or interest on Bonds, becane subrogated to the rights of the recipients of such payments in accordance with the tenns of the Municipal Bond Insurance Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past due interest, the Trustee or Paying Agent, if any, sha11 note AMBAC Indemnity's rights as subrogee on the registration books of tile Issuer maintained by the Trustee or Paying Agent, if any, upon receipt from AMBAC Indemnity of proof of the payment of interest thereon to the registered owners of the Bonds, and (n) in the case ofsubrogatioo as to claims for past due principal, the Trustee or Paying Agent, if any, shall DOte AMBAC Indemnity's rights as subrogee on the registration books of the Issuer maintained by the Trustee or Paying Agent, if any, upon surrender of the Bonds by the registered owners thereof together with proof of the payment of principal thereof. 10 EXHIBIT G TRUSTEE-RELATED PROVISIONS With respect to transactions involving a trustee or paying agent, AMBAC requires that the following provisions be incorporated into the Financing Document. Please note that unless otherwise required by AMBAC, if the financing at hand does not contemplate a trustee or paying agent, ~ provisions may be disregarded. 1. The Trustee (or Paying Agent) may be removed at any time, at the request of AMBAC Indemnity, for any breach of the Trust set forth herein. 2. AMBAC Indemnity sbalI receive prior written notice of any Trustee (or Paying Agent) resignation. 3. Every successor Trustee appointed pursuant to this Section shall be a trust company or bank in gocxl standing located in or incorporated under the laws of the State, duly authorized to exercise trust powers and subject to e:xamination by federal or state authority, having a reported capital and surplus ofnot less than $75,000,000 and acceptable to AMBAC Indemriity. Any successor Paying Agent, if applicable, shall not be appointed unless AMBAC approves such successor in writing. 4. Notwithstanding any other provisioo of this [Financing Docwnent), in determining whether the rights of the Bondholders will be adversely affected by any action taken pursuant to the tenns and provisions of this [Financing Document]~ the Trustee (or Paying Agent) shall consider the effect on the Bondholders as if there were DO Municipal Bood Insurance Policy. S. Notwithstanding any other provisioo of this [Financing Document], no removal, resignation or termination of the Trustee (or Paying Agent) shal1 take effect until a successor, acceptable to AMBAC, shall be appointed. II !~""""" .-;., EXHIBIT H INTERESTED PARTIES In addition to the provisions listed above, AMBAC also requires the following provision be incorporated into the Financing Documem: A. AMBAC As Third Party Beneficiary. To the extent that this [Financing Document] confers upon or gives or grants to AMBAC any right, remedy or claim under or by reason ofthjs [Financing Document], AMBAC is hereby explicitly recognized as being a thUd-party beneficiary hereunder and may enforce any such right remedy or claim conferred, given or granted herewxb-. B. Parties Interested Herein. Nothing in this [Financing Document] expressed or implied is intended or shall be construed to confer upon, or to give or grant to, any person or entity, other than the Issuer, the Trustee, AMBAC Indemnity, the Paying ~ if any, and the registered owners of the Bonds, any right, remedy or claim under or by reason of this [Financing- Document] or any covenant, condition or stipulation hereof: and aU covenants, stipulations, promises and agreements in this [Financing Document] contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Trustee, AMBAC Indemnity, the Paying Agent, if any, and the registered owners oftbe Bonds. if ',: '':. 12 EXHIBIT I AMBAC INDEl\1N1TY OFFICIAL STATEMENT DISCLOSURE AND SUGGESTED LANGUAGE FOR THE NOTICE OF SALE, BOND LEGEND, COVER PAGE OF OmClAL STATEMENT AMBAC INDEMNITY OFFICIAL STATEMENT DISCLOSURE Payment Pursuant to Municipal Bond Insurance Policy AMBAC Indemnity has made a conunitment to issue a municipal bond insurance policy (the "Municipal Bond Insurance Policy'') relating to the Bonds effective as of the date of issuance of the Bonds. Under the terms of the Municipal Bond Insurance Policy, AMBAC Indemnity will pay to the United States Trust Company of New York, in New York, New York or any successor thereto (the '.Insurance Trustee') that portion oftbe principal of and interest 00 the Bonds which shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer (as such terms are defined in the Municipal Bond Insurance Policy). AMBAC Indemnity will make such payments to the Insurance Trustee on the later of the date on which such principal and interest becomes Due for Payment or within one business day following the date on which AMBAC Indemnity shall have received notice of Nonpayment from the TrusteelPaying Agent. The insurance will extend for the term of the Bonds ~ once issued, cannot be canceled by AMBAC Indemnity. The Municipal Bond Insurance Policy will insure pa}111ent only on stated maturity dates and on mandatory sinking fund installment dates, in the case of principal, and on stated dates for pa}ment, in the case of interest. If the Bonds become subject to mandatory redemption and insufficient funds are available for redemption of aU outstanding Bonds, AMBAC Indemnity will remain obligated to pay principal of and interest on outstanding Bonds on the originally scheduled interest and principal payment dates including mandato')' sinking fund redemption dates. In the event ofany acceleration of the principal of the Bonds, the insured payments will be made at such times and in such amounts as would have been rnade had there not been an acceleration. In the event the TrusteelPaying Agent has notice that any pa)1nent of principal of or interest on a Bond which has become Due for Payment and which is made to a Bondholder by or on behalf of the Issuer has been deemed a preferential trnnsfer and theretofore recovered from its registered O\-.ner pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court of competWt jurisdiction, such registered oYmer will be entitled to payment from AMBAC Indenmity to the extent of such recovery if sufficient fimds are not otherwise available. The Municipal Bond Insurance Policy does not insure any risk other than Nonpayment, as defined in the Policy. SpecificalJy, the Municipal Bond Insurance Policy does not cover: 1. payment 00 accelerati~ as a result of a call for redemption (other than mandatory sinking fund redemption) or as a resuh of any other advancement of maturity. 2. payment of any redemption, prepayment or acceleration premium. 3. nonpayment of principal or interest caused by the insolvency or negligence of any Trustee or Paying Agent, ifany. 13 Ifit becomes necessary to call upon the Municipal Bond Insurance Policy, payment of principal requires surrender of Bonds to the Insurance Trustee together \\ith an appropriate instrument of assignment so as to pennit ownership of such Bonds to be registered in the name of AMBAC Indemnity to the extent of the pa}1llent Wldcr the Municipal Bond Insurance Policy. Payment of interest pursuant to the Municipal Bond Insurance Policy requires proof of Bondholder entitlement to interest pa}ments and an appropriate assignment of the Bondholders right to payment to AMBAC Indemnity. Upon pa)11lel1t of the insurance benefits, AMBAC Indemnity will become the owner of the Bond, appurtenant coupon, ifany, or right to payment of principal or interest on such Bond and will be fully subrogated to the surrendering Bondholder's rights to payment. FOR TRANSACfIONS INVOL YING VARIABLE RATE BONDS: The Municipal Bond Insurance Policy does not insure against loss relating to payments of the purchase price of Bonds upon tender by a registered owner thereof or any preferential transfer relating to payments of the purchase price of Bonds upon tender by a registered owner thereof. ADDITIONAL PARAGRAPH FOR CALIFORNIA TRANSACTIONS: In the event that AMBAC Indenmity were to become insolvent, any claims arising under the Policy would be excluded from coverage by the California Insurance Guaranty Association, established pursuant to the laws of the State of California. ADDITIONAL PARAGRAPH FOR NEW YORK TRANSACTIONS: The insurance provided by the Municipal Bond Insurance Policy is not covered by the property/casualty insurance security fund specified by the insurance laws of the State of New York. ADDITIONAL PARAGRAPH FOR FLORIDA TRANSACTIONS: The insurance provided by the Municipal Bond Insurance Policy is not covered by the Florida Insurance Guaranty Association. AMBAC INDEMNITY CORPORA nON AMBAC Indemnity Corporation ("AMBAC Indemnity'') is a Wisconsin-domiciled stock insurance corporation regulated by the Office of the Commissioner of Insurance of the State of Wisconsin and licensed to do business in 50 states, the District of Columbia, the Territory of Guam and the Commonwealth of Puerto Rico, with admitted assets of approximately $2.440.000.000 (WlaUdited) and statutory capital of approximately SI.387.000.000 (unaudited) as of March 31.. 1996. Statutory capital consists of AMBAC Indemnity's policyholders'surplus and statutory contingency reserve. AMBAC Indemnity is a wholly owned subsidiary of AMBAC Inc., a 100% publicly-held company. Standard & Poor's Ratings Services, a division of The McGraw-Hill Companies, Inc., Moody's Investors Service and Fitch Investors Service~ L.P. have each assigned a triple-A claims-paying ability rating to AMBAC Indemnity. . AMBAC Indemnity has entered into pro rata reinsurance agreements under which a percentage of the insurance underwritten pursuant to certain municipal bond insurance programs of AMBAC Indemnity has been and will be assumed by a number offoreign and domestic unaffili~terl reinsurers. 14 " ,'- - -- --.------:'---- -- --.--- -,-... - . -", . . AMBAC Indemnity makes no representatioo regarding the Bonds or the advisability of investing in the Bonds and makes DO repl~d;ltioo regarding, nor bas it participated in the preparation Ot: the Official Stateme:nt other than the infonnatiao supplied by AMBAC Indemnity and presented uncIec the heading " " AVAILABLE INFORMA nON . AMBAC Indemnity has obtained a ruling from the Intern.'11 RcverIue Service to the effect that the insuring of an obligation by AMBAC Indemnity will not affect the treatment for federal income tax purposes of interest on such obligation and that insurance prc:x=cxis representing maturing interest paid by AMBAC Indemnity under policy provisions subst.3mm11y identical to thooe contained in its municipal bond insurance policy shall be tre3ted for federal income tax purposes in the same manner as if such payments were made by the issuer of the Bonds. (THE FOLLOWING MUST BE INCLUDED IN ANNUAL APPROPRIA nON LEASE TRANSAcnONS: No representation is made by AMBAC Indemnity rqarding the federal income tax treatment ofpaymeutJ that are made by AMBAC Indemnity under the tenns o(the Policy due to nonappropriatioD or funds by the ~J The parent company of AMBAC Indemnity, AMBAC Inc. (the "Company''), is subject to the infonnatiooal requirements of the Securities Exchange Act of 1934, as amended (the "Exchan~e Act''), and in accordance therewith files reports, proxy statements and other infonnation with the Securities and Exchange Commission (the . "Commission;. Such reports., proxy statements and other infonnanon may be inspected and copied at the public .efe.cnce f3cilities maintained by the Commission at 450 Fifth Street, N.W., Washington, D.C. 20549 and at the Conunission's regional offices at 7 World Trade Center, New York, New York 10048 and Northwestern Atriwn Center, SOO West Madison Street, Suite 1400, Chicago, lllinois 60661. Ccpies of such material can be obtained from the public refereoc:e section of tile Commission at 450 Fifth S~ N.W., Washington, D.C. 20549 at prescribed rates. In addition, the aforementioned material may also be inspected at the offices of the New York Stock Exchange, Ioc. (the "NYSEj at 20 Broad Street, New York, New York I OOOS. The Company's Coounoo Stock is listod OIl the NYSE. Copies of AMBAC Indernnity's financial statements prepared in accordance with statutory aa:ounting standards are available from AMBAC Indemnity. The address of AMBAC Indemnity's administrative offices and its telephone number are One State Street Plaza, 17th Floor, New Y o~ New York, 10004 and (212) 668-0340. INCORPORA nON OF CERTAIN DOCUMENTS BY REFERENCE The following documel1ts filed by the Company with the Commission (File No. 1-10777) are incorporated by reference in this Official Statement: (1) The Company's Annual Report on Form 100K for the fiscal year ended December 31, 1995 and filed 00 April I. 1996; (2) The Company's Current Report on Form 8-K dated January 31, 1996 and filed on February 28, 1996' , (3) The Company's Current Report on Form 8-K dated March 13, 1996 and filed on March 14, 1996; (4) The Company's Current Report on Form 8-K1A, First Amendment to Current Report on Fonn 800K dated March 13, 1996 and filed on March IS, 1996; and (5) The Company's Quarterly Report on Fonn 10-Q for the quarterly period ended March 31, 1996 and filed on May IS, 1996. IS All documents subsequently filed by the Company pursuant to the rcquimncnts of the Exchange Act after the date of this Official Statement will be available for inspection in the ~'U1lC manner as described above in "AVAILABLE INFORMATION". NOTICE OF SALE AMBAC Indemnity Corporatioo ("AMBAC Indemnity'1 has issued a" commitment for municipal bond insurance relating to the Bonds. All bids may be conditioned upon the issuance effective as of the date on which the Bonds are issued, ofa policy of insurance by AMBAC Indemnity, insuring the payment when due of principal ofand interest OIl the Bonds. Each Bond will bear a legend referring to the insurance. The purchaser, holder or owner is not authorized to make any statements concerning the insurance beyond those set out here and in the bond legend without the approval of AMBAC Indemnity. BOND LEGEND Municipal Bond Insurance Policy No._ (the "Policy'1 with respect to payments due for principal of and interest on this bond bas been issued by AMBAC Indemnity Corporation C'AMBAC Indemnity'1. The Policy has been delivered to the United States Trust Company of New York, New York, New York, as the Insurance Trustee under said Policy and will be held by such Insurance Trustee or any successor insurance trustee. The Policy is on file and available for inspectioo at the principal office of the Insurance Trustee and a copy thereofmay be secured from AMBAC Indemnity or the Insurance Trustee. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this bond acknowledges and consents to the subrogation rights of AMBAC Indemnity as more fully set forth in the Policy. COVERPAGEOFO~~STATE~ Payment of the principal of and interest on the Bonds when due will be insured by a municipal bond insurance policy to be issued by Al\1BAC Indemnity Corporation simultaneously with the delivery of the Bonds. 16 EXHIBIT J FORM OF THE AMBAC LEGAL OPINION Ladies and Gentlemen: This opinion has bea1 requested of the undersigned, a Vice President and an Assistant General Counsel of AMBAC Indemnity Corporation, a Wisconsin stock insurance company ("AMBAC Indemnity'), in connection with the issuance by AMBAC Indemnity of a certain Municipal Bond Insurance Policy and endorsement thereto, effective as of the date hereof (the "Poticy'), insuring $> in aggregate principal amount of the > (the "Issuer'), > dated > (the "Boods'). In COIU1eCtioo with my opinion herein., I have examined the Policy, such statutes, documents and proceedings as I have considered necessary or appropriate under the circumstances to render the following opinion, including, without limiting the generality of the foregoing, certain statements contained in the Official Statement of the Issuer dated >, relating to the Bonds (the "Official Statement') under the headings ">" and ''>''. Based upon the foregoing and having regard to legal considerations I deem relevant, I am of the opinion that: 1. AMBAC Indemnity is a stock insurance company duly organized and validly existing under the Iav'w'S of the State of Wisconsin and duly qualified to conduct an insurance business in the State of>. 2. AMBAC Indemnity has full corporate power and authority to execute and deliver the Policy and the Policy has been duly authorized, executed and delivered by AMBAC Indemnity and constitutes a legal, valid and binding obligation of AMBAC Indemnity enforceable in accordance with its tenns except to the extent that the enforceability (but not the validity) of such obligation may be limited by any applicable bankruptcy, insolvency, liquidation, rehabilitation or other similar law or enactment now or hereafter enacted affecting the enforcement of creditors' rights. 3. The execution and delivery by AMBAC Indemnity of the Policy will not, and the conswrunation of the transactions contemplated thereby and the satisfuction of the terms thereofwill not, conflict with or result in a breach of any of the tenns, conditions or provisions of the Certificate of Incorporation or By-Laws of AMBAC Indernnity, or any restriction contained in any contract, agreement or instrument to which AMBAC Indemnity is a party or by which it is bound or constitute a default under any of the foregoing. 4. Proceedings legally required for the issuance of the Poticy have been taken by AMBAC Indenmity and licenses, orders, consents or other authorizations or approvals of any governmental boards or bodies legally required for the enforceability of the Poticy have been obtained; any proceedings not taken and any licenses, authorizations or approvals not obtained are not material to the enforceability of the Policy. 5. The statements contained in the Official Statement under the heading '~," insofar as such statements constitute swnmaries of the matters referred to therein, a.ccurately reflect and fairly present the infonnation purported to be shown and, insofar as such statements describe AMBAC Indemnity, fairly and accurately describe AMBAC Indemnity. 17 tf;~~'''''.7"'' ""~"~.'~^,._~ .~.' '. .. 6. The fonn of Policy contained in the Official Statement under the heading U::>" is a true and complete copy of the fonn of Policy. The opinions expressed herein are solely for your benefit, and may not be relied upon by any other person. Very truly yours, Vice President and Assistant General Counsel .1 EXHIBIT K CERTIFICA TE OF BOND INSURER In camection with the iss\Iance of> in aggregate principal amount of (the ''Issuer'') > (the "Bonds''), AMBAC Indernnity Corporation ("AMBAC'') is issuing a municipal bond insurance policy (the &&Insurance Policyj guaranteeing the payment of principal and interest when due on the Bonds, all as more fully set out in the Insurance Policy. On behalf of AMBAC, the wxlersigned hereby certifies that: (i) the Insurance Policy is an unconditional and recourse obligation of AMBAC (enforcea,le by or 00 behalf of the holders oftbe Bonds) to pay the scbeduIed payments of interest and principal on the Bonds in the event of a Noopayment as defined in the Insurance Policy; (ii) the insurance premium ofS was determined in arm's length negotiatioos in accordance with our standard procedures, is required to be paid as a condition to the issuance of the Insurance Policy and represents a reasonable charge for the transfer of credit risk; (Iii) no portioo of such premium represents a payment for any direct or indirect services other than the transfer of credit ~ including costs of underwriting or remarketing the Bonds or the cost of insurance for casualty ofBood financed property; (iv) we are not co-obligors on the Bonds and do not reasonably expect that we will be called upon to make any payment under the Insurance Policy; (v) the Issuer is not entitled to a refund for the Insurance Policy in the event that the Bonds are retired prior to their stated maturity; and (vi) we would not have issued the Insurance Policy in the absence ofa debt service nserve fund of the size and type established by the documents pursuant to which the Bonds are being issued, and it is normal and customaJy to require a debt service reserve fund of such a size and type in similar transactions. IN WITNESS WHEREOF, AMBAC Indemnity Corporation has callsed this certificate to be executed in its name 00 this day of 19 by ODe of its officers duly authorized as of such date. AMBAC INDEMNITY CORPORATION By: Vice President and Assistant General Counsel 19 .... .. -_. - - -. -. ~ - - .. . EXHIBIT L .(.1;.' :.. ':;. '. AMBAC INDEl\1NITY CORPORATION WIRING INSTRUCfIONS Citibank N .A. ABA NO. 021000089 For: AMBAC Indemnity Corporation AlC No. 40609486 Advise: Pamela Dottin (212) 208-3308 C~ JANINE FEUDI AT (212) 208.3301 I , ! I j I j I ~ 1 1 t f I I I I ... Please indicate Policy Nwnber on wire ... POUCY NUMBER CAN BE OBT AlNED FROM AMBAC INDEMNlTY'S CLOSING DEP ARTMENf. t i ! I ! I I I icJ. AMBAC AIIBAC BAC AMBAC Municipal Bond Insurance Policy ,\~II~A( Indl'lnnll~' Cmporatlon c ,) CT (nrporalHlO SrSlt'ms H F.lSI ~llftlln Sr., Madison, Wisconsm 5370.1 AdnllnISlrJtl\'(: 0"(1((': Olll' SWr Slr('('1 PI.1za, New York, NY 10004 TdtTh"nl' \; I!) (,(,H.OqO Issuer Plllll\' Sumba 80mis' Premium. AMBAC Indemnity Corporation (A~fBA() A \X'isconsin $(()(k Insurance Company in considt'ratll)n of tht' payment of the premium and sU~'lIecI to rhl' rerms of rhl~ Pllhcy, hcreby agrees to PdY r h Company of New York, as crustee, or IlS successor (the "Insurancc Trusrre"l, (or the benefil oi Rlln older cipal of and interest on rhe above.descflbed debt obI I~JrIOnS (rht, .. Bonds") \\ hleh shall become Due It ay reason of Nonparment by the Issucr. AMBAC will make such paymenrs ro rhe Insurancc Trusrcl' ....Ilhm one (I) buslnrss dol\' . I ng m~n[, Upon a Bondholder's presencawHI and surrrnJer (0 Ihl' Insuran((.' Truscee of suc u aid canceled and in beuer iorm and frn: of any .ldverse claim. rhc' InSUr,ll1CC Trustee bu principal and imeresr which is rhen Due for p.aymenr but 15 unp.lld. Upon suc ISl:) rsr surrendered Bonds and (Ourons Jnd shall be fully subrogared [() .11 I of r Bon 1 er In cases where rhe Bonds are issuable only In a (orm when.'by prlncl ndholdc'rs or rheir .migns, the Insurance Truscee shall disburse pnncipdl co a Bondholder as al~ d r <: at n Jnd surrender to rhe Insurance Trusree of the unpaid Bond. uncanceled and free of any adverse c\;lIm, u t of aSSIgnment, in form salisfaccory to the Insurance Trustee, duly execuled by rhe Bondholder or 0 ed rcpresenrallve, so as to permir ownership of such Bond to be regisrered In the name of AMBAC or It 10 'e n e onds are issudble only 10 a form whereby interest is payable co regisrered Bondholders or their assi ns, rh Ins ame s disburse inrerest to a Bondholder as aforesaid only upon presenrarion to the Insurance Truslee of p- a th -Iaima on enr itled ro rhe paymenr of inrerest on rhe Bond and delivery (0 rhe Insurance Trustee of an in t of ssi (or sarisidcrory ro tht' Insurance Trustee, duly execured by rhe c1aimanr Bondholder or such Bondholder' dul aur ze rep a e, rrans(erring ro ^~IB^C all ri~hts under such Bond ro receive the incert'sr in respect of which the' u ce eme aJe. AMBAC shall be subrogated 10 all rhe Bondholders' ri~hrs to paymenr on regisrered Bonds t e ext t fIe disbursemenrs so made. In the event the trusree or yi~r r of principal of or incerest on a Bond which has b<:come Due for Paym i~...i e to a 0 older hy or on behali of rhe Issuer of the Bonds has been deemed a preferential transfer and rnerer rver fn its registl' ed owner pursuant ro rhe L'nlred States Bankruptcy Code In accordance with a fmal. nonappealable or r a co f m. ten I Jurisdlcrion. such rC~ISrert:J owner will be l'nlllled CO payment from AMBAC ru Ihe exrent of such reco~'ery lent fu re ot otherWise availabfl: As used herein. rhe der means any person olher rhan rhe Issuer who. ar the time of Nonpaymenl, is the owner of a Bond or of a coupon apperrai ond. As used herein, "Due for Paymt.'oc " , when re/errin}: ro rhe principal o( Bonds, is when rhe stated maturiry date or a ma edemption date for rhe application of ol requlrrd sinking fund installment has been reached and does nor refer ro any earlier date on which paymenr IS due by rrason 01 call tiH redemplion (other rhan by applicalion of required sinking fund installments), accelerarion or orher advancemenr of marumy; and, when referring ro interesr on the Bonds, is when the srared date for payment of interest has been reached. As used herein, "Nonpayment" means the failure of rhe Issuer to have provided suffjc lenr funds to the paying agent for payment in full of ,1/1 principal of and inrerest on rhe Bonds which are Due for Paymenr. This Policy is noncancelable. The premium on rhis Policy is nor relundable for any reason, including paymenr of rhe Bonds prior to maturiry. This Policy does not insure againsr loss of any prepayment or other acceleration paymem which at any rime may becomt' due in respecr of any Bond, other rhan ar the sole option of AMBAC, nor againsr any risk other rhan Nonpayment. In witness whereof. AMBAC has caused this Policy ro be affixed wirh a fa(simile of its corporate seal and to be signed by irs duly authorized officers in facsimile ro b<:come effecrive as irs original seal and signarures and binding upon AMBAC by virrue o( the counter- signature of irs duly authorized represenrative. UnlleJ Slares Tru~r t r portion of the pnn- t all be unpaid by ^C of Nonpay- coupons, un- face amount of rhe owner of rhe Effective Date: .........., ""","'1ft' (,~Ilo.. .. 0 .._..... 0_" , ';..,O"'O'04~"'~"o' 41...(..... ( ...... ".... '. "..t :t. . ... ,~: SEAL \0' , I :Z' I , , I., i j ~ \ : ~ . \, ..... I · '.." l' " I .... .....~J('o..\~....." ~ \ ....-... . ''''.....-.. ~k-,j~ Secretary Authorized Representative UNITED STATF.5 TRUST COMPANY OF NEW YORK acknowledges that it has agreed to perform the duties of Insurance TnJslee under thi~ Policy. ~~er~ I-orm" W..(}()(H IH;<JZ, . ~~ _ _ _ ______.___. ~~__~.. -- _~a"_ ' . .. , ~ - . AMBAC. AMBAC Indemnity Corpof'3tion clo CT Corpof'3tion Systems 44 Easl Mifflin Street Madison. Wisconsin 53703 Administrative Office: One State Street Plaz;a New York. New York 10004 Endorsement Policy issued to: Auached to and forming pan of Effective Date of Endorsement: Nothing herein contained shall he hel limitations of the above mentioned i \ , , ! ! i ~ : i I The insurance provided by this policy is not covered by the Florida Insu i ~ ~ J. ~ ny of the terms, conditions, provisions, agreement'i or '; '. ~: ~1 t- it ~ , j I ! In Witness dul}' authori virtue of cou AMBAC Indemnity Corporation ......,'- ~t...'Uf.. i~... 't#-O ............ o.~ /c..>"to.'o.",,~,<o~', ~~ ~..~., '. ~. ,:( SEAL )~~ ~ " \ : , \ : I " .... .... I .. '. .' I "', '" "'JCOW\\" .... '., ., ." /II " ........... . ""'-.. td" Secretary Authorized Representative Form * S2B-0004 (~/90) ,. ~ ~_~ ._____.. _u.__ . . . . '. ......,.~~~-~~~ ....... "Z.:~ '"<.-::.::;&-,.:.- Interoffice Correspondence Sheet To: Mayor and Commissioners From: Margaret Simmons, Finance Director t.--r(:yl~...q...<-'- cc: RE: Updated Resolution 96-44 ; i i I I i I I I I t I ! ! I \ I ; I 1 i ! Date: June 6, 1996 Attached please find an updated copy of Resolution 96-44 related to the sale of Gas System Revenue Bonds (Item 1144 on tonight's agenda). The last minute changes to this item were a result of adding language as required by AMBAC (the company selected to provide bond insurance and surety bonds). This additional language includes standard requirements by the insurance company, however, until the special insurer was selected, we would not know what specific language would be required. These changes have been reviewed by the bond counsel, financial advisor, City Attorney, and myself. To assist you in your review of these changes, I have only included a "blacklined" copy to show what language was added. The original (not blacklined) copy has been forwarded to the City Clerk and City Attorney. BM&O DRAFT #[~] 5 [^] 6/04/96 RESOLUTION NO. 96-44 A RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED $9,750,000 GAS SYSTEM REVENUE BONDS AND $8,500,000 GAS SYSTEM REVENUE REFUNDING BONDS; FIXING REDEMPTION PROVISIONS FOR THE BONDS; SETTING FORTH THE FORM OF THE NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE RELATING TO THE SALE OF SUCH BONDS;. DIRECTING PUBLICATION OF THE SUMMARY NOTICE OF SALE RELATING TO SUCH BONDS; PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF THE BONDS; SETTING FORTH THE OFFICIAL NOTICE OF SALE AND BID FORMS; PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN FULL BOOK ENTRY FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LETTER OF REPRESENTATION WITH THE DEPOSITORY TRUST COMPANY; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT; PROVIDING FOR COMPLIANCE WITH A CONTINUING DISCLOSURE CERTIFICATE; AUTHORIZING THE SELECTION OF A REGISTRAR AND PAYING AGENT; AUTHORIZING THE [A] PURCHASE OF MUNICIPAL BOND INSURANCE; AUTHORIZING THE PURCHASB OF DEBT SERVICE RESERVE FUND SURETY BONDS: AUTHORIZING THB EXECUTION OP A FINANCIAL GUARANTY AGREEMENT WITH AMBAC INDEMNITY CORPORATION: PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1991, the City Commission of the city of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original Ordinance") to provide for the issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and WHEREAS, on September 1, 1994, the city enacted Ordinance No. 5665-94 (the "Series 1994B Bond Ordinance") which authorized the issuance of not to exceed $26,750,000 city of Clearwater, Florida, Gas System Revenue Bonds, Series [to be determined], as Additional Parity Obligations under the original Ordinance to finance the costs of the Series 1994B Projects (as defined in the Series 1994B Bond Ordinance); and WHEREAS, on June 6, 1996, the city enacted Ordinance No. 6030- 96 (the "Refunding Ordinance", which together with the original Ordinance and the Series 1994B Bond Ordinance, collectively, the "Bond Ordinance") which authorized the issuance of not to exceed $8,500,000 City of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series [To be determined] (the "Refunding Bonds") , as Additional Parity Obligations under the Original Ordinance to Resolution No. 96-44 advance refund a portion of the city's outstanding Gas System Revenue Bonds, Series 1991 (the "Refunded Bonds"); and WHEREAS, it is in the best interest of the City to designate the portion of such bonds to finance the Series 1994B Projects as "Gas system Revenue Bonds, Series 1996A," (the "Series 1996A Bonds") and to designate the Refunding Bonds as "Gas System Revenue Refunding Bonds, Series 1996B" to reflect the year of their issuance; and WHEREAS, it is in the best interest of the City to provide for the public sale of not to exceed $9,750,000 of Series 1996A Bonds and $8,500,000 of Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. SERIES DESIGNATION. The not to exceed $9,750,000 of the Gas System Revenue Bonds, Series [to be determined] authorized by the Series 1994B Bond Ordinance being offered pursuant to this resolution are hereby designated as Series 1996A Bonds (the "Series 1996A Bonds") and the not to exceed $8,500,000 of the Gas System Revenue Refunding Bonds, Series [to be determined) authorized by the Refunding Ordinance being of~ered pursuant to this resolution are hereby designated as Series 1996B Bonds (the "Series 1996B Bonds"). SECTION 2. PUBLIC SALE. There are hereby authorized to be sold pursuant to a public sale not to exceed $9,750,000 city of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A, and not to exceed $8,500,000 city of Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 1996B (the Series 1996B Bonds, together with the Series 1996A Bonds, the "Series 1996 Bonds"). SECTION 3. PROVISIONS FOR REDEMPTION. The Series 1996 Bonds maturing prior to or on September 1, 2004 are not subject to redemption prior to their maturity date. The Series 1996 Bonds maturing after September 1, 2004 are subject to redemption at the option of the City prior to maturity on or after September 1, 2004, in whole at any time, or in part from time to time, on any interest payment date in such manner as shall be determined by the city at the redemption prices expressed as a percentage of the principal amount of the Series 1996 Bonds to be redeemed as set forth below, together with accrued interest to the date fixed for redemption. Period During Which Redeemed Redemption Price (Percentage of Pa~t September 1, 2004 through August 31, 2005 September 1, 2005 through August 31, 2006 September 1, 2006 and thereafter 102% 101 100 2 Resolution No. 96-44 SECTION 4. SALE OF SERIES 1996 BONDS. The Finance Director is hereby directed to publish the Summary Notice of Sale of the Bonds in a newspaper regularly distributed in the City of Clearwater and in The Bond Buver, such publications to be on such date as shall be deemed by the Finance Director to be in the best interest of the Issuer and such publications to be not less than ten (10) days prior to the date of sale; and to publish such Notice in such other newspapers on such dates as may be deemed appropriate by the Finance Director. Proposals for purchase of the Series 1996 Bonds will be received at the office of the Finance Director of the City, 100 South Myrtle Avenue, Clearwater, Florida 34616, from the time that the Notice of Bond Sale is published until 11: 00 a. m., Eastern Daylight Savings Time, on June 27, 1996 (the "Bid Date"). SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale, Summary Notice of Sale of the Bonds and the Official Bid Forms to be submitted for purchase of each series of the Series [A] 1996 Bonds shall be in substantially the forms annexed hereto, as Exhibits A, B, C, and D, respectively, together with such changes as shall be deemed necessary or desirable by the Finance Director, incorporated herein by reference. SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest of the city and the residents and inhabitants thereof that the Series 1996 Bonds be issued utilizing a pure book-entry system of registration. In furtherance thereof, the city authorizes the execution and deli very of a Letter of Representation with the Depository Trust Company in substantially the form attached hereto as Exhibit E and the Mayor-Commissioner or the City Manager are hereby authorized to execute and deliver the Letter of Representation with such changes, insertions and omissions as shall be approved by the officer of the city executing the same. The City hereby ratifies and approves the terms and conditions set forth on Exhibit E attached hereto. Such terms and provisions shall be deemed to be incorporated herein and in the Ordinance as if set forth at length. For so long as the Series 1996 Bonds remain in such book entry only system of registration, in the event of a conflict between the provisions of the Ordinance and the provisions of Exhibit E attached hereto the terms and provisions of Exhibit E shall prevail. SECTION 7. PRELIMINARY OFFICIAL STATEMENT. The Mayor- Commissioner and Finance Director are authorized and directed to cause a Preliminary Official Statement to be prepared in substantially the form attached her~to as Exhibit F, with such changes, insertions and omissions as shall be approved by the Mayor-Commissioner and Finance Director, containing a copy of the attached Notice of Bond Sale and Official Bid Forms and to furnish a copy of such Preliminary Official Statement to interested bidders. The Mayor-Commissioner and Finance Director are 3 Resolution No. 96-44 authorized to deem final the preliminary Official statement prepared pursuant to this section for purposes of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series 1996 Bonds to the successful bidder, the City shall also make available a reasonable number of copies of the Preliminary Official Statement to such bidder, who may mail such Preliminary Official statements to prospective purchasers at the bidder's expense. SECTION 8. CONTINUING DISCLOSURE. The City hereby covenants and agrees that, in order to provide for compliance by the City with the secondary market disclosure requirements of the Rule, that it will comply with and carry out all of the provisions of that certain continuing Disclosure Certificate in substantially the form attached hereto as Exhibit G, to be executed by the City and dated the date of issuance and delivery of the Series 1996 Bonds, as it may be amended from time to time in accordance with the terms thereof (the "continuing Disclosure certificate") . Notwithstanding any other provision of this Resolution, failure of the city to comply with such continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the city to comply with its obligations ullder this Section. SECTION 9. REGISTRAR AND PAYING AGENT. First Union National Bank of Florida, Jacksonville, Florida, is hereby appointed as Registrar and Paying Agent for the Series 1996 Bonds. SECTION 10. MUNICIPAL BOND INSURANCE[^] POLICIES AND RESERVE ~CCOUNT SURETY BONDS. Pursuant to the Bond ordinance, AMB~C Indemnity Corporation (nAMBAC Indemnity") has been selected to provide its Municipal Bond Insurance Policies as the Credit Faoility (as defined in the Bond ordinance) as additional security for payment of prinoipal and interest on the Series 1996A Bonds and Series 1996B Bonds, respeotivoly, and to provide its debt service reserve surety bonds (the "surety Bonds") in the amount ot the applicable Reserve Requirements to fund the subaccounts of the Reserve Account for the benefit of the Series 1996A Bonds and Series 1996B Bonds, respectivelY. Selection of ANBAC Indemnity as the Credit Faoility Issuer (as defined in the Bond Ordinance) and AMBAC Indemnity as the provider of the debt service reserve fund surety is hereby ratified and ~onfirmed and payment for such Municipal Bond Insurance POlicies and surety Bonds from proceeds of each of the series of the Series 1996 Bonds is hereby authorized.. The Issuer hereby accepts the terms, conditions and agreements relating to the Municipal Bond Insurance Policies and the surety Bonds in accordance with the commitment for Municipal ~ond Insurance and Commitment for surety Bond, each as attaohed hereto as Exhibit H and incorporated herein. A statement of insurance is ~ereby authorized to be printed on or attached to each series o( the Series 1996 Bonds for the benefit and information of the 4 Resolution No. 96-44 holders of the Series 1996 Bonds. The Mayor-commissioner is authorized to executa and the Cler~ is authorized to attest a Guaranty Agreement in substantially the form attached to th@ commitment for Surety Bond attached as Exhibit H hereto, with such ohanqes, insertions and omissions as may be approved bY such otfioers. In addition to the covenants and agreements of the city previously contai.ned in the Bond ordinance regarding the rights of AMBAC Indemnity as the Credit Facility Issuer and the provider of the debt service reserve fund surety bonds, which are hereby incorporated herein, the city hereby makes the following additional covenants and agreements for the benefit of AMBAC Indemnity and the Holders of the Series 1996 Bonds while the Municipal Bond Insurance Policies insuring the Series 1996 Bonds and the surety Bonds are in full force and efteet: COVENANTS REGARDING MUNICIPAL BOND INSURANCE POLICIES. As long as the Munioipal Bond Insurance Policies shall be in full force and effect with respect to the series 1996 Bonds, the Issuer agrees to comply with the following provisions: (A) ~onsent of AMBAC Indemnity. Any provision herein or in the Bond Ordinance expressly reooqnizing or granting rights in or to AMBAC Indemnity may not be amended in any manner which affects the rights ot AMBAC Indemnity hereunder or thereunder without the prior written consent of AMBAC Indemnity. Unless otherwise provided in this section, AMBAC Indemnity'S consent shall be reauired in addition to Bondholder consent. when required. for the following purposes: (i) execution and delivery of any supplemental resolution: ( ii) removal of the paying Agent and selection and appointment of any successor paying Agent: and (iii) initiation or a~proval of any action not described in (i) or (ii) above which requires Bondholder consent. Any reorganization or liquidation plan with respect to the Issuer must be acceptable to AMBAC Indemnity. In the event o~ any reorganization or liquidation. AMBAC Indemnity shall have the right to vote on behalf of all bondholders who hold AMBAC Indemnity-insured bonds absent a default by AMBAC Indemnitv under the applicable Municipal Bond Insurance policies insuring such series 1996 Bonds. Anythinq herein or in the Bond ordinance to the oontrary notwithstanding. upon the occurrence and continuance of an event of default as defined therein. AMBAC Indemnitv shall be entitled to control and direct the enforcement of all rights 5 Resolution No. 96-44 ~nd remedies granted to the Bond~olders under the Bond Ql:dinanc:e~ (B) Notices To Be Give~ To AKBAC Indemnitv. The Issuer shall furnish to AMBAC Indemnity (to the attention of the Surveillance Department unless otherwise indicated: (i) as soon as practicable after the filinq thereof. a copy of any financial statement of the Issuer and a copy of any audit and annual report ot the Issuer: (ii) a copy of any notice to be qiven to the reqistered owners of the Series 1996 Bonds. including, without limitation. notice of any redemption of or defeasance of Series 1996 Bonds. and any certificate rendered pursuant hereto relatinq to the security for the Series 1996 Bonds: and (iii) request. such additional information it may reasonably The Issuer shall notify AMBAC Indemnitv of any failure of the Issuer to ~rovide relevant notices. certificates. etc. The Issuer will permit AMBAC Indemnity to discuss the affairs. finances and accounts of the Issuer or any information AMBAC Indemnity may reasonably request regarding the security for the Series 1996 Bonds with appropriate officers of the Issuer. The Issuer will Dermit AMBAC Indemnity to have access to the Project and have access to and to make copies of all books and records relatinq to the Series 1996 Bonds at any reasonable time. AMBAC Indemnity shall have the right to direct an accounting at the Issuer's expense and the Issuer's failure to comply with such direction within thirty (30) days after receipt or written notice of the direction from AMBAC Indemnity shall be deemed a default under the Bond Ordinance: provided. however. that if compliance cannot occur within such period, then such period will be extended so long as compliance is bequn wi tbin such period and diliqently pursued. but only if such extension would not materially adversely affect the interests of any registered owner of the Series 1996 Bonds. Notwithstanding any other provision of the Bond Ordinance. the Issuer shall immediately notify AMBAC Indemnity if at any time there are insuffioient moneys to make any payments ot principal and/or interest as required and immediately upon the occurrence of any event of default under the Bond Ordinance. 6 Resolution No. 96-44 1<' . . ' . To the extent that the Isauer has entered into a oontinuinq disclosure agreement with respeot to the ser~~ 1996 Bonds, AMBAC Indemnity shall be include4 as a party to be notified thereunder. (e) Payment Procedure Pursuant to Municipal Bon4 Insurance Policies. The Issuer agrees to complY with, or cause to be com~lied with, the following provisions: (a) At least one (1) day prior to all interest payment dates for the Series 1996 Bonds (each an ":Interest Payment Date") the paying Agent will determine whether there will be sufficient funds in the funds and accounts to ~ay the principal ot or interest on the Series 1996 Bonds on such Interest Payment Date. If the paying Aqent determines that there will be insufficient funds in such funds or accounts, the paying Aqent shall so notify AMBAC Indemnity. Such notice shall specify the amount of the anticipated deficiency, the series 1996 Bonds to which such deficiency is applicable and whether such Series 1996 Bonds will be deficient as to principal or interest, or both. If the Paying Agent has not so notified AMBAC Indemnity at least one (1) day prior to an ~nterest Payment Date, AMBAC Indemnity will make payments of principal or interest due on the Series 1996 Bonds on or before the first (1st) day next following the date on which AMBAC Indemnitv shall have received notice ot nonpayment from the Pavinq Agent. (b) The paying Agent shall, after qivinq notice to AMBAC Indemnity as provided in (a) above, make" available to AMBAC Indemnity and, at AMBAC Indemnity's direction, to the United states Trust company of New York, as insurance trustee for AMBAC Indemnity or any successor insurance trustee (the "Insurance Trustee"), the registration books of the Issuer maintained bv the Payinq Aqent and all records relatinq to the funds and accounts maintained under the Bond Ordinance. (c) The paying Agent shall provide ANBAe Indemnitv and the Insurance Trustee with a list of registere4 owners of series 1996 Bonds entitled to receive principal or interest payments from AHBAC Indemnity under the terms of the Municipal Bond Insurance POlicies, and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of series 1996 Bonds entitled to receive full or partial interest payments from AMBAC Indemnity and (ii) to pay principal upon Series 1996 Bon4s surrendered to the Insurance Trustee by the registere4 owners of series 1996 Bonds entitled to receive full or partial principal payments from AMBAC Indemnity. 7 Resolution No. 96-44 (d) The payinq Aqent shall. at the time ~t provides Dotice to AMBAC Indemnity pursuant ~o (a) above. notUy registered owners ot series 1996 Bonds entitled tQ receive the payment ot principal or tnterest thereon frQm AMBAC Indean~ (i) as to the fact ot such entit~ement. (ii) that AMBAC Indemnitv will remit to them all or a Dart ot t~e int~rest ~yments next coming due upon proof ot Bondholder entitlement to interest payments and delivery to t~e Insurance Trustee, in form satisfactory to the Insurance Trusteel of an appropriate assignment of the reqistered owner's right to ~21ymentl (iiil that should they be entitled to receive full payment of principal from AMBAC Indemnity. they must surrender their series 1996 Bonds (along with an appro~riate instrument ot assignment in form satisfactory to the Insurance Trustee to permit ownerShip of such Series 1996 Bonds to be registered in the name of AMBAC Inc!emnity) for payment to the Insurance Trustee. and not the paying Agent. and (iv) that should they be entitled to receive J)artial payment of principal from AMBAC Indemnitv, they must surrender their series 1996 Bonds for payment thereon first to the Paving Agent, who shall note on such Series 1996 Bonds the portion of the principal paid by the paying Agent. and then, alonq with an appropriate instrument of assignment in form satisfactory to the Insuranoe Trustee to the Insurance Trustee, which will then pay the unpaid portion of the principal. (e) In the event that the paving Agent has notioe that any payment of prinoipal of or interest on a series 1996 Bond which has become Due for Payment and which is made to a Bondholder bv or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the united states Bankruptcy Code by a trustee in bankrul>tcy in aocordance with the final, nonappealable order of a court havin~ conpetent jurisdictionl the pavinq Agent shall, at the time AKBAC Indemnity is notified pursuant to (a) abovel notifv all reqistered owners that in the event that any registered owner's payment is not recovered such registered owner will be entitled to payment from AMBAC Indemnity to the extent of such recovery if sufficient funds are not otherwise available. and the Paying Aaent shall furnish to AMBAC Indemnity its records evidencing the payment of princi~al of and interest on the Series 1996 Bonds which have been made by the paying Agent and subsequently recovered from registered owners and the dates on which such payments were made. (f) In addition to those rights qranted ~AC Indemnity hereunder and under the Bond ordinance, AHBAC Indemnitv shall. to the extent it makes payment of ~rinoipal of or interest on series 1996 Bonds. become subrogated to the rights of the reci~ients of such payments in accordance with the terms of the Munioipal Bond Insurance POlicies, and to evidence such 8 Resolution No. 96-44 sUbrogation (i) in the case ot subrogation as to olaims for past due interest, the paying Agent shall note AMBAC Indemni~v's rights as subrogee on the registration books of ~he Issuer maintained bv the Paying Agent upon reoeipt t~ AMBAC Indemnity of proof of the payment of interest thereon to the registered owners of the series 1996 Bonds. and (ii) in the case of sUbrogation as to claims for past due Drinoipal, the Paying 1t.qent shall note AHBAC Indemnity's rights as subrogee on the reqistration books of the Issuer maintained by the Paving Agent upon surrender of the series 1996 Bonds by the registered owners thereof, together with proof of the payment of principal thereof. (D) paving Agent-Related Provisions. The Paying Agent may be removed at any time, at the request of AMBAC Indemnity~ tor any breaoh of the trust set forth herein and in the Bond Ordinance. AMBAC Indemnity shall reoeive prior written notice of any resignation of the paying Agent. Any successor Paying Agent shall not be appointed unless AMBAC approves such successor in writing. Notwi thstanding any other provision hereof of or the BontS Ordinance. in determininq whether the riqhts of th~ Bondholders will be adversely affected by any action taken pursuant to the terms and provisions hereof. the Paving Agent shall consider the effect on the Bondholders as if there were no Municipal Bond Insurance POlicies. Notwithstanding any other provision hereof or of the Bond ordinance. no removal, resignation or termination of the Paying Aqent shall take effect until a successor, acceptable to AMBAC Indemnity, shall be ap~ointed. (E) Third-Party Beneficiary. To the extent that this resolution or the Bond Ordinance confers UDon or gives or grants to AMB1t.C Indemnity any right, remedY or claim under or by reason hereof or thereof , AMBAC Indemnity is hereby explicitly recognized as being a third-party benefioiary hereunder or thereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder or thereunder. U.') Parties Interested Herein. Nothing in this ReSOlution or t~e Bond Ordinance expressed or implied is intended or shall be construed to confer upon. or to give or grant to. any person or entity, other than the Issuer. AMBAC Indemnity. the paying Agent and the registered owners of tee Bonds. any riqht~ remedy or claim under or by reason hereof or any covenant. condition or stipUlation hereof or thereof, and all covenants, stipulations, promises and aqreements herein and therein contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer. AMBAq 9 Resolution No. 96-44 Indemnity. the payinq Aqent and the registered owners of the series 1996 Bonds. (a) Defeasance. Notwithstanding anything herein or in the BoneS Orttinance to the contrary. in the event that tl)e ~rinoipal and/or interest due on the Series 1996 Bonds shJll be pai~ by ANBAC Indemnity corporation pursuant to the Municipal Bontt Insurance policies. the Series 1996 Bonds shall remain outstanding for all purposes. not be defeased or otherwise satisfied and not be considered paid bY the Issuer. and the assignment and pledge hereunder and under the Bond Ordinance and all covenants. agreements and other obligations of the Issuer to the registered owners shall continue to exis~ and shall run to the benefit of ANBAC Indemnity. and AHBAC Indemnity shall be subrogated to the riqhts of such registered owners. COVENANTS REGARDING SURETY BONDS. As lonq as the surety Bonds shall be in full force and effect with respect to the Series 1996 Bonds. the Issuer agrees to comply with the following provisions: (A) Consent of AMBAC Indemnity. Any provision herein or in the Bond Ordinance expressly recognizing or granting rights in or to AMBAC Indemnity may not be amended in any manner which affects the riqhts of AMBAC Indemnity hereunder or thereunder without the ~rior written consent of AMBAC Indemnity. . Unless otherwise provided in this Section. AMBAC Indemnity's consent shall be required in addition to Bondholder consent. when required. for the followinq purposes: (i) execution and delivery of &ny supplemental resolution: (ii) removal of the Paying- Agent and selection and appointment of any successor Paying- Agent: and (iii) initiation or approval of any action not described in (i) or (ii) above which requires Bondholder consent. (B) Notices To Be Given To AMBAC Indemnity. The Issuer shall furnish to AMBAC Indemnity: (i) as soon as practicable after the filing thereof. a COPy of any financial statement ot the Issuer and a coPY of any audit and annual report of the Issuer; (ii) a copy ot any notice to be given tG the registered owners of the Series 1996 Bonds. and any certificate rendered pursuant hereto relating to the security for the series 1996 Bonds: and 10 Resolution No. 96-44 .li.il ) request. ~be Issuer will ~ermit AMBAC Indemnity ~o discuss th~ affairs. finances and aocounts of the Issuer or any informa~ion AMBAC Indemnity may reasonably request regarding the seourity for the series 1996 Bonds with appropriate officers ot the Issuer. The Issuer will permi t AMBAC Indemnity to baveacoess to the Project and ~ave aocess to and to make copies of all books and records relatinq to the Series 1996 Bonds at any reasonable time. such a4~j.tional information it may reasonably Notwithstandinq any other provision hereof or of the Bond Ordinance.' the Issuer shall immediately notify AMBAC Indemnity if at any time there are insufficient moneys to make any paYments of ~rincipal and/or interest as required and immediately upon the occurrence of (i) any event of default hereunder or thereunder. or (ii) any payment default under any related security agreement. To the extent that the Issuer has entered into a continuing disclosure agreement with respect to the Series 1996 Bonds. AMBAC Indemnity Shdll be included as a party to be notified thereunder. (e) Payment Prooedure Pursuant to surety Bonds. .ii1. :In the event and to the extent that moneys on deposit in the Sinking Fund, plus all amounts on deposit in and credited to the respeotive subaccounts of the Reserve Account tor the benefit of the Series 1996A and series 1996 B Bonds. resDectively, therein. in excess of the amount of the surety Bonds. are insufficient to pay the amount of principal an~ interest coming due. then upon the later of: (1) one (1) day after receipt by the General Counsel of AMBAC :Indemnity of a demand for payment in the form attached to the surety Bonds as Attachment 1 (the "Demand foZ' payment'."). has not been made to the paying Agent: or (ii) the paYment date of the Obligations as specified in the Demand for PaYment presented by the PaYing Agent to the General Counsel of AMBAC Indemnity, AMBAC Xndemnity will make a deposit of funds in an account with the Paying Agent or its successor. in New York. New York, sufficient for the payment to the paying Agent, of amounts which are then due to the payinq Agent hereunder (as specified in the Demand for Payment) up to but not in excess of the surety Bond Coverage, as defined in the surety Bonds; provided. however. that in the event that the amount on deposit in. or credited to. the respective subaccounts of the Reserve Account for the benefit of the Series 1996A Bonds and Series 1996B Bonds, in addition to the amount available under the Burety Bonds, includes amounts available under a letter of credit. insurance pOlicy. suret~.bond or other such funding 11 Resolution No. 96-44 instrument (the "AddW.onal Funding InatrUJllents"). draws on the surety Bonds and the Addition~l Funding Instruments shal~ be made on a pro rata basis to fund the insufficiency tor tbe series 1996A Bonds and/or Series 1996B Bonds. eii) the paying ~qent shall. after submitting to AMBAC Indemnity the Demand tor Payment as provided in (1) above. ~ake available to AMBAC Indemnity all records relating to the Funds and ~ccounts maintained under the Bond Ordinance. ( iii) tho Paving Agent shall. upon receipt ot moneys ~eceived from the draws on the Surety Bonds. as specified in the Demand tor Payment. credit the respective subaccounts ot the Reserve Account tor the benefit of the series 1996A Bonds and Series 1996B Bonds to the extent of moneys received pursuant to such Demand. (iv) the respective subaccounts of the Reserve Account for the benefit of the Series 1996A Bonds and the Series 1996B Bonds shall be replenished in the following priority: (a) principal and interest on the surety Bonds and on the Additional Funding Instruments. if any. shall be paid trom first available Revenues on a pro rata basis: (b) after all such amounts are ~aid in full. amounts necessary to fund the respective subaccounts of the Reserve Account tor the benefit of the Series 1996A Bonds and the Series 1996B Bonds to the required level. after taking into account the amounts available under the surety Bonds and the Additional Funding Instruments. if any. shall be deposited from next available Revenues. SECTION 11. AWARD OF BIDS. The Finance Director is hereby authorized to accept the bids for the Series 1996 Bonds. The city Manager and the Finance Director are hereby authorized to award the sale of the Series 1996A Bonds and/or the Refunding Bonds, respectively, on their determination of the best bid submitted in accordance with the terms of the Notice of Bond Sale provided for herein and within the following parameters: (1) in the case of the Series 1996A Bonds, the true interest cost rate shall not exceed 7 . 00%, and (2) in the case of the Refunding Bonds, the true interest cost rate shall not exceed 7.00% and the refunding of the Refunded Bonds by the Refunding Bonds shall provide the City with a net present value savings of not less than 4.0% of the par amount of the Refunded Bonds. The city Manager and the Finance Director are hereby authorized to award the sale of either the Series 1996A Bonds or the Refunding Bonds as set forth above or to reject all bids for either or bo~h series of Series 1996 Bonds. Such award shall be final. SECTION 12. EFFECTIVE DATE. effect immediately upon adoption. This resolution shall take 12 Resolution No. 96-44 Passed and adopted by the City Commission of the City of Clearwater, Florida, this day of , 1996. ^. CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: , . Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 13 Resolution No. 96-44 . ~.,--..,,:,- .. EXHIBIT A .. FORM OF NOTICE OF BOND SALE ! I I , . I I I ! f i 1 i 1 I I f I I ! Resolution No. 96-44 .. ,.., ';.' " EXHIBIT B FORM OF SUMMARY NOTICE OF SALE ': , " , . " L' ,. Resolution No. 96-44 '. ... - ~\"':;""'," '""." EXHIBIT C FORM OF BID PROPOSAL FOR SERIES 1996A BONDS I ! I I I I I' ! I I I I I Resolution No. 96-44 , ~ I ,\ , u + i f,,~ :.~~-..., ..1..' . EXHIBIT 0 . .. FORM OF BID PROPOSAL FOR REFUNDING BONDS ; I Resolution No. 96-44 ; , ',' ,; , . _ ..' . "1'. '.': - EXHIBIT E FORM OF DTC LETTER OF REPRESENTATION i . .. Resolution No. 96-44 ~ " ~ ~ .... ., . .. " ... . \ ~.' I" . ... ~ . . . . . , . . . r'H" .,."....,,'..:..n..p.. ".' EXHIBIT F PRELIMINARY OFFICIAL STATEMENT I I .. ! ! ,.' ".' I .... i I ! :, " Resolution No. 96-44 ~ ,. \. , (I: I' \1 ~' r.~r~ . . EXHIBIT G CONTINUING DISCLOSURE' CERTIFICATE l' I I I (. I i Resolution No. 96-44 ~ i ..,'.~~. , i' ~ .," EXHIBIT H COMMITMENTS FOR MUNICIPAL BOND INSURANCE POLICIES AND DEBT SERVICE RESERVE SURETY BONDS ,'-. ;, ;. '. i. I I - ! ;/ I .,' i , I I I I I I I i I 't.. Resolution No. 96-44 ;~, :{ J, ~(.'. :,-, >, ,-,.. -~, - .',' .'.... Re-4~ Fiscal Review Committee Meeting or May 28, 19% Recommendation The Committee agreed that they could support the Gas Strategic Plan, the increase in gas utility rates (effective 10//96), the sale of an additional $9.75 in Gas System Revenue Bonds, and the refunding of 1991 Bonds provided: · a Gas Marketing plan is scheduled for completion in a reasonable time frame, · the goals of the Gas System are monitored on a monthly basis, · the Commission considers using an outside advisory committee or board to monitor the Gas System, . and, the Commission moves forward with the Management Audit of the System. ",', , i . I , .~ t:ri'!'t.:~,,: ...~,",~:;.......~~ 'I' Y<,.. i{, i ! i 1 ! ... :' Item # 45 i ; I I I I I i :;. F /0 Lj~ ;. . MK~ Clearwater City Commission Agenda Cover Memorandum ( /"" L- t) r;' ." . (1 C. Item tI Heeting Dote: SUBJECT: Ordinance designating locations for sale of petroleum products at Clearwater Marina and allowing only fully qualified fuel vendor, approved by the City Manager and under an annual fuel contract, to provide petroleum products sold at Clearwater Marina. RECOMMENDATION/KOTION: Approve amendment to City Code, section 33.031 to designate locations for sale of petroleum products at Clearwater Marina and allow only fully qualified fuel vendor, approved by the city Manager and under an annual fuel contract with the city, to provide all petroleun products sold at Clearwater Marina, and pass Ordinance 6048-96 on first reading, ~ and that the appropriate officials be authorized to execute sa~. SUMMARY: * The city has been questioned by outside fuel vendors on the exact locations for the sale of petroleum products at Clearwater Municipal Marina. * The changes to Section 33.031, of the Code of Ordinances, identifies the locations for sale of petroleum products as the Marina fuel dock at the southeast end of the narina and the commercial fuel dock on the seawall at the east end of the narina. * Identifying the locations for the sale of petroleum products at Clearwater Municipal Marina in the city code will clear up any confusion on the part of outside fuel vendors, who are not under an annual fuel contract with the city. * only a fully qualified fuel vendor, approved by the city Manager and under an annual fuel contract with the city, shall provide all petroleum products sold at Clearwater Marina. Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS AtM Other ~~. IA N/A N/A ~ . C/ N/A Originating Dept: Marine $ NIl. Total Commission Action: o Approved o Approved w/conditions o Denied o Continued to: User Dept: $ N/A Current Fiscal Yr. Marine funding Source: o Capitol I~. o Operating o Other Attachments: 1. Ordinance 6048.96. ~itted by: ~ q.1kfZ;:( City M~ger Advertised: / Date: N/A Paper: ' x Not Requi red Affected Parties o NotUied X Not Requi red o None Appropriation Code: o Printed on recycled paper ORDINANCE NO. 6048-96 ~_S' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SALE OF PETROLEUM PRODUCTS; AMENDING SECTION 33.031, CODE OF ORDINANCES, TO IDENTIFY THE LOCATIONS FOR SALE OF PETROLEUM PRODUCTS AT CLEARWATER MARINA; ALLOWING ONLY FULLY QUALIFIED VENDOR, APPROVED BY THE CITY MANAGER AND UNDER AN ANNUAL FUEL CONTRACT WITH THE CITY, TO PROVIDE PETROLEUM PRODUCTS SOLD AT CLEARWATER MARINA; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.031, Code of Ordinances, is amended to read: Sec. 33.031. Sale of petroleum products. The city manager shall have authority to designate locations on city-owned property at or from which petroleum products for the use of boats may be sold and no such products may be sold or delivered except from such locations. The locations for sale of petroleum products by the city at the Clearwater Municipal Marina are the Marina fuel dock located at the southeast end of the Marina and the Marina commercial fuel dock located along the seawall on the east end of toe marina. A fully qualified fuel vendor. as approved by the City Manager and under an annual fuel contract with the city. shall provide all petroleum products sold at the Clearwater Municipal Marina. The city manager shall establish retail prices for such petroleum products, which prices, insofar as federal regulations permit, shall be comparable with prices for similar products sold in similar quantities by other marine fuel outlets in the area. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner Approved as to form and legal sufficiency: Attest: ~c= Jo C. Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6048-96 . 't', "k~"'~~: 1- ..- ,":~''''-:-:'''"-~~-'---'' ~-~..,~,.. ',~'~ _"~ t:, - .-- , -.~'..."',. ..~ . ,i ~ I~ '.k', "":; '.>... . .. .~ re.G;')~ L\8~ Clearwater City Commission Agenda Cover Memorandum L(0 Item # Meeting Date: SUBJECT: SECURITY FOR MAIN LIBRARY AND COACHMAN PARK PLAZA RECOMMENDATION/MOTION: Approve hiring of two full-time police service technicians to provide guard service for the Main Library and surrounding Coachman park area for 70 hours per week, to be effective on August 15, 1996, when contract with National Building Maintenance, Inc. expires, ~ and that the appropriate officials be authorized to execute same. SUMMARY: * Since 1991, National Building Maintenance, Inc. has provided 46 hours per week of security guard services for the Main Library, at an annual cost of $15,840. * The minimum-wage guards do not have the police training or radio access which is provided by Clearwater's uniformed police technicians. * Police service technicians are hired and trained by the Clearwater Police Department. Their training and radio contact will provide more professional and efficient responses to problems caused by library customers and by the street people and visitors to Coachman Park. * Current annual cost for the two positions is $50,377.88, which includes all benefits. Salary and benefit costs for the three pay periods remaining in 1995-96 will be $5,813 plus $1,200 for two sets of uniforms and $5,500 for two rechargeable radios. * Funding for 1995-96 will be provided by a mid-year amendment appropriating $12,513 from other general fund department savings. Reviewed by: Legal Budget Purchasing Risk Mgmt. CIS ACM Other ~ lA N/A N/A iUl:, ~ Originating Dept: ~ Library Costs: $ 12.513 Total Commission Action: o Approved o Approved w/conditions o Deni ed o Continued to: User Dept: Police Department $ Current Fiscal Yr. SUbmit??~ Clty ~ger Advertised: Date: ){;) Paper: ~ Not Requi red Affected Parties o Notified ~ Not Requi red Funding Source: o Capital Imp. ~ Operating o Other Attachments: 181 0 None Appropriation Code: 010-011xx-5xxxOO-521-000 ~ Printed on recycled paper " '., .~' "." F.., " . , 1 ! paperwork for Item #47 moved to 6-14-96 F /10 f/h J..', C\K.1-- APPOINTMENT WORKSHEET Ltc;{ FOR COMMISSION MEETING June 6. 1996 APPOINTMENTS Agenda #_ BOARD: Beautification Committe~ TERM: 4 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 9 CHAIRPERSON: William Baldwin MEETING DATES:1 st Wed., 9:00 a.m. PLACE: Annex APPTS. NEEDED: 2 DATE APPTS TO BE MADE: 6/6/96 f I . :. THE FOLLOWING ADVISORY BOARD MEMBERlS) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. :.i ; Name Date of Original Appointment Attendance Record Interest in reappointment i ~ ; 1. Vacant Seat lPam Fleming resigned 9/95 - moved) 'i i I I { '. ~ 2. Vacant Seat lBarbara Bickerstaffe resigned 4/1/96) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: Name-Address Comments-Related Experience.Etc. 1. Nancy Aft Dentist 3273 San Pedro St., 34619 2. Brooks Hammac Manager - Lockheed Martin Specialty Components 2035 Rebecca Dr., 34624 3. David Stitt Orthopaedic Technician 2909 Gulf to Bay Blvd., 0-105, 34619 4. Robert Sudalnik 2021 Oakdale Way, 34615 Computer Executive Zipcodes of current members: 2 at 34621 1 at 34624 4 at 34630 2 vacant CJ K d-- APPOINTMENT WORKSHEET Agenda ;19 FOR COMMISSION MEETING June 6. 1996 APPOINTMENTS BOARD: Community Relations Board TERM: 4 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater (up to 2 Pinellas County Residents at one time) MEMBERS: 13 CHAIRPERSON: Herbert Freitag MEETING DATES: As called (4/yr.) PLACE: Commission Chambers APPTS. NEEDED: 1 DATE APPTS: TO BE MADE: 6/6/96 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. SPECIAL QUALIFICATIONS: 1 representative from each of the following: Retail Merchandising Mgmt; Industrial Mgmt.; Real Estate Sales; Property Leasing; Mortgage Financing & Law Enforcement. (There may be 2 from Pin. Co. under Clwr jurisdiction) . 1 ! . ~ , ~ 1 Name Date of Original Appointment Attendance Record Interest in reappointment .; \1 ~i ., " '! 1 . Vacant Seat - At-Large (Gay McGill resigned 4/22/96) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience. Etc. 1. Kirk Burness 1206 N. Osceola Ave., 34615 (At-Large) Management Consultant 2. Johnny Long 2315 Minneola Rd., 34624 (At-Large) Retired Consultant, past work w/US Dept. of HUD 3. Edith Saulnier 660 Island Way, #204, 34630 (At-Large) Retired Nurse Zip codes of current members on board: 4 at 3461 5 1 at 3461 6 2 at 34621 2 at 34624 1 at 34625 1 at 34630 Law Enforcement rep - do not list home address 1 vacant RESOLUTION NO. S.6-4~L 5'/ c, A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission of the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real property within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have failed to take remedial action within the time provided and have failed to file a notice of appeal within the time allowed, or appealed the notice of violation but failed to take remedial action within the time provided by the Code Enforcement Board, and it became necessary for the City to take remedial action; and WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The City Commission hereby assesses a lien upon each parcel of real property listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown on Exhibit A. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A and to record the same in the public records of Pinellas County, Florida. PASSED AND ADOPTED this day of , 1996. Rita Garvey Mayor-Commissioner Reviewed as to form and legal sufficiency: ~;.-- Assistant City Attomey Attest: ". Cynthia E. Goudeau City Clerk Resolution No. 96-41 .:ftf: i" . \ ~ 5\ cA.. EXHIBIT A / MAY PROPERTY OWNER LEGAL DESCRIPTION COST ADMIN. CHARGB TOTA..4 American Health & Accident Ins. Bassadena Sub, Blk D Lot 15 & El/2 Lot 16 $ 35.00 200.00 $ 235.00 Wayne Bu te Rogers Sub, Lot 8 46.50 200.00 246.50 Melanie H. Cordes Vacant lot 210 pierce Blvd. 187.50 200.00 387.50 Resolution No. 96-41 "". ,5/ b. CITY OF CLEARWATER INTERDEPARTMENT CORRESPONDENCE TO: COPIES: John Carassas, Assistant City Attorney Victor C. Chodora, Assistant Director, Central permittin~ Scott Shuford, Director, Central Pennitting FROM: SUBJECT: Demolition lien - 70S Pennsylvania Avenue DATE: May 16, 1996 We have attached Resolution No. 96-43 to file a demolition lien on the above property. This property was demolished without the filing of a Wavier of Notice and Hearing. I : The demolition was completed on April 8, 1996. Attachment "A" is included containing an itemization of the expenses incurred in this demolition process. The Notice of Violation, title search and other notices to owner are included. ~ ~ ,- c:': P; ~ ""7 T:. . .. . " MAY 2 0 1996 .. . . . .'. I . '-" . t '.. - '. ~. \. .' . - 5\ 6. RESOLUTlO~O. 96-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN PINE CREST SUBDMSION, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 705 PENNSYLVANIA AVENUE, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $5023.00 FOR THE COSTS OF DEM:OUTION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT TIlE CONSENT OF OWNER. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official detennined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation; and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Building Official having ordered the demolition of the building situated on the following described property: Pine Crest Sub, Blk 7, Lot 9 (parcel Number 10/29/15/69138/007/0090). Owner of record: Obadiah and Lillie Mae James 807 Vine Avenue Clearwater, FL 34615-4250 '",.,I,'.;~, ". . SI b. and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS (See Attachment "A") $5023.00 Section 2. As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (8 %) per annum. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: ~r=~ 10 Carassas Assistant City Attorney ~~~. ". . 5\ 6. A TT ACHI.\fENT "A" Resolution 96-43 (705 Pennsylvania Avenue - Clearwater, Florida) TASK TIME NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS 5 TOTAL EXPENSES AMOUNT $125.00 24.38 3.16 65.00 600.00 1946.50 459.00 1800.QQ $5023.M $5023.00 EXPENSES Five (5) hours @ $25.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search - Sexton Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition (Howard Jimmie's Demolition) LIEN AMOUNT SIc- A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING IN CONCEPT A PLAN TO LEND $900,000 TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER TO FACILITATE THE DEVELOPMENT OF A WlNN-DIXIE STORE IN A DOWNTOWN CLEARWATER LOCATION TO BE OWNED BY CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Neighborhood Housing Services, Incorporated (CNHS) is working with Winn-Dixie to develop a grocery store in a location in Downtown Clearwater to be owned by CNHS, and WHEREAS, CNHS has asked the Community Redevelopment Agency (CRA) to lend the project up to $900,000 at an interest rate of 3% over 20 years; and WHEREAS, the CRA would borrow up to $900,000 from the City of Clearwater at the current cash pool rate of 6% and pay down the interest with the tax increment generated by the improvements in the Downtown Redevelopment District from the store; and , " -1~. WHEREAS, the CRA must amend the Downtown Plan to include a grocery store at the location; and WHEREAS, the Winn-Dixie project will benefit the downtown redevelopment district by improving the property, generating or retaining over 200 jobs and providing convenient, accessible shopping to support the residential areas within the CRA and surrounding areas; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ~ The City Commission approves in concept a plan to lend up to $900,000 at 6% interest for 20 years to the CRA which in turn will lend $900,000 at 3% interest over 20 years to CNHS for the development of the Winn-Dixie store in a location in Downtown Clearwater; provided that the eRA Plan is amended to include a grocery store at the location and all other conditions are met. Resolution No. 96-46 .. ". 5\ c. ~ This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of June. 1996. Rita Garvey, Mayor-Commissioner , I I I I i I I ~ .; Approved as to form an~ I~al sufficiency: ~-JJ- E-~ Pamela K. Akin, City Attorney Attest: Cynthia E. Goudeau. City Clerk .' .. ~~. , ; ~ . I ,. i , 1 2 Resolution No. 96-46 Mar-OB-OO 03:07P clQarwatsr E 0 462 6699 P.02 (' Project Data f- {'O vY\ t". LA, rr....e VV\ D Rc::: ,-sic. Construction 1,968,518 GrOS9 Lease Area 48.466 LeB88 Per Square Foot $ 6.00 Total Project Cost $ 4,800,000 Estimated New Assessment @ 80% $ 3,840,000 Existing Assessment $ 1.152,700 TOTAl (1VU',:)o ~ ~V-S. Ad Valorem Tax Incremont Gain CRA Loan Repayment $ 26,673 $ 323,746 Net Gain te eRA $ 2,471 $ 259,130 eRA MlllagG 0,0114158 Common Area Charges lighting Sewer & Water Maintenance Landscaping Repairs TOTAL 25.000 50,000 15.000 10,000 100.000 CAM Per Square Foot Taxes Per Square Foot Insurance Per Square Foot 2.06 0.90 0.14 Total Cost Per Square Foot 3.11 f\ ~ -. ~:) 1 C-' Winn-Dixie/Clearwater Neighborhood Housing Services COPIES TO: COMMISSION JUN 0 3 1996 PHc;:;S CLERK I ATTORNEY The Clearwater Neighborhood Housing Services (CNHS), a non-profit organization, has been working with Winn-Dixie for the last year to relocate a nearby store which is closing to a location in downtown Clearwater. The current store has 80 employees and the new store will retain the 80 employees and hire approximately 160 additional employees. An agreement with the St. Petersburg Junior College will insure that recruits will have training available and will enable CNHS to target low to moderate income persons for these jobs. (See attached letter from Winn-Dixie addressed to Alan Ferri.) Wino-Dixie plans to construct the facility and then sell the improvement to CNHS. The entire project will cost approximately $4,824,125. Of the total amount, a consortium of banks will lend $2,888,075. CNHS will raise $1,035,050 through gifts and grants. This will leave a shortfall of $900,000. (See Sources and Uses attachment and a listing of revenues and expenses attachment.) CNHS is asking the CRA to lend the project this money at a 3 % interest rate over 20 years. The CRA could borrow the $900,000 from the City of Clearwater at the current cash pool rate of 6% and pay down the interest with the tax increment generated by the improvements in the district from the store. The $900,000 plus 3 % would be paid by CNHS from the revenue and rent generated from Winn-Dixie. The eRA could use the title to the land as collateral. Attached is a memorandum showing a timetable and issues to be resolved including several minor commitments by the City of Clearwater. These commitments include some work in the right-of-way to provide a larger sewer main, a bigger turning radius at the intersection, location of three fire hydrants on the right-of-way and the installation of additional piping to the City's storm water system. CNHS wishes to apply for a loan for $700,000 from OCS. To be eligible for this grant, CNHS needs to show that all the monies are available. The loan from the CRA is crucial to the success of the structure of this financing package. The CRA at this time cannot commit to the project since the recently adopted downtown development plan does not include the ability to put a grocery store on those parcels. It will take approximately four (4) months to amend the plan. If the City Commission and the CRA are desirous of participating in this venture, there are two actions that are necessary at this time. The eRA could have a special meeting on Thursday night at 5:30 p.m. to pass a resolution which states that they intend to change the downtown plan to include a grocery store at that location and that should the plan change and that if all the financing is in place as described, the CRA intends to lend money to CNHS for the grocery store construction. The City could at its regular meeting also pass a resolution of intent that if the financing is in place as outlined then the City will lend the eRA no more than $900,000 at 6% interest for 20 years for this project. Legal is prepared to write the resolutions of intent for your consideration on Thursday night. America's Supermarkete MAY 2 0 1996 May 10, 1996 Mr. Alan Ferri Department of Economic Development P.O. Box 4748 Clearwater, Florida 34618 Re: Cleveland & Myrtle Clearwater, Florida Dear Mr. Ferri: This is to confirm our telephone conversation this date. We have been working with Ms. Nancy Hansen and Ms. Isay Gulley, of the Clearwater Neighborhood Housing Services, for about one year now to try to develop a Winn-Dixie Marketplace store at the above location. They have also been working with Mr. Lee Arnold and Mr. Frank Mudano on the project. At our last meeting, I determined that the project would not fly using their numbers. The only way I felt it would work would be if we were to take over the project, build it and then sell the improvements to the Housing Service then lease back the store. Our cost of money for construction and other expertise helps us to lower the total cost. We currently have site approval from the local Winn-Dixie Real Estate Executive Committee. In order to receive final Headquarters Executive Committee approval, we must firm up all costs. In order to do so, we must negotiate a development agreement, conduct certain due-diligence searches, i.e. environmental, geo-technical, title, zoning, utilities, etc. with this information in hand, we put the project out to bid to four or five design builders. When the bids are in, I prepare a proposal to the Winn-Dixie Executive Committee. The President of Winn-Dixie will then visit the site and either approve or reject it. Once approved, we prepare leases and begin the design and permitting process prior to construction. . I have a pretty good idea of the construction costs, however, the price of the land is still a mystery. Using my best guess, the construction project should come in around $3,050,000.00 barring ~ WINN~OIXIE TAMPA 2400 E. HILLSBOAOUGH AVE. P.O. BOX 440 TAMPA, FLORIDA 33601-0440 (813) 236-3700 ~ 1'riUI..1Ic,.cW,., \ I \w2I.214 0\1 er Mr. Alan Ferri May 16, 1996 Page Two some unusual occurrence. We can afford a rental of $365,000.000 N/N/N based on our sales projections. We sign a twenty year firm lease with five, five year renewal options. The store we are contemplating is our G-4 Marketplace store. The basic footprint is 44,000.00, however, it does have a front vestibule and a rear receiving vestibule. The total square footage is about 47,000 to 48,000 square feet. Code will determine the final number. Our local people feel pretty good about the project and we want to do all we can to help move it along. We feel that it will be a benefit to the city if approved. The new G-4 Marketplace store is very attractive and has all the goods and services you need. I would ask you to visit our new store at Park Boulevard and Starkey in Largo. .It is slightly larger than this one but the presentation is very similar. Please let me know if I can be of any assistance. Thank you. Sincerely, M. S. Overstreet Real Estate Manager Tampa MSO/lab .,_ , _ _ ...~..____,....__. ~ ___ . _ M_..._ _.. - >.. CARILLON CENTER 100 Carilon Paikway Suite 1 go . Sl PeterlbcJrg (813) 573-1123 . ClEARWATER CAMPUS . ,2465 Drew 51tHI'. Clearwater (813) 791.2~OO DISTRICT OFFICE 8580. 86th Street North Pinelas Parle ' (813) 341.3600 ST. PETERSBURG JUNIOR COLLEGE CLEARWATER CAMPUS (813) 791-2400 ~.- ---:;-- ~fn1 1 ~ _.. _lli , .0.: ;.:., ~~:; 'J , I : ~: I' . , . II I :i __. ,.. ___'. __"_:2JlS} Ii' , . " . . .~ ~~ -_.. ...- ,~._. ~ . April 19, 1996' . -....----...---...---....- ...-.....--- 'Ms. Nancy Hansen Economic Development Specialist Clearwater Neighborhood Housing Services, Inc. 608 North Garden Avenue Clearwater, FL 346 ~ 5 Dear Ms. H~en: As we have discussed, the 'Career Development/Job 'Center of St. Petersb~g Junior College (SPJC), Clearwater Campus, is interested in workiJ..lg with Clearwater Neigbborhood Housing Services, me.' (CNHS) in establishing a program to develop. qualified applicants for the approximately 250 jobs. created once the Winn-Dixie M;arketplace store ope.ns in Clearwater. .In~luded ,in this program will be seminars conducted'by'my staff on how ~o prepare for' . -'. .' an interview, s.elf-presentation, identification of personaUprofessional. . .:. :.,' .functional skills, and resume preparation. ,The identification of personal and, . professional strengths.will be perfonned through a battery of tests and a.series 9f one-on-one counseling. . Our fees are minimal for this testmg program- ., .,. $20.00 for SPJC .students and $30.00 for .non-students. Our fee. for resume. instruction and preparation will be $10.00 and at the close of instruction each perSon will have a fin~, ready to print professional resume. . . . , HEALTH EDUCATION CENTER 72OO.661h Street North ' Pinelas Pari( (813) 341.3600 SPJC ALLST ATE.CENTER 3200. 34th Slreet South SL Petenbuf~ . (813) 341-4530 ' . . ., ST. PETERSBURGlGIBBS CAMPUS 66OS. 5th Avenue NOfth , ,. SL Petersbu'g (813) 341-3800 TARPON SPRiNGS CENTER 600 KIostem"l8n Road . Palm Harbor (813) 791-5750 Additionally, .my office will assist you or the' Human Resources D~partffient. . of Winn-Dixie regarding job advertise~ent via our job bulletin boards and our . .: . computerized job listings. Upon request, my staff will, be happy to arrange .'. ,. . . scheduling of applicants for employment interviews.' Should Winn-Dixie '.' .' require mterview space on campus, we will provide it. We look forward. to working with you on this project. If you have' any . questions, please call me~t 791-2508. . . ' . RAHlbw o\!eJr MAILING ADDRESS: Poa1 Ottlce BOl1348lt. SI. Petersburg, FL 33733.348Q AN EOUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION Prlnttld on recycled p.per USES Land Construction Capital Architect LO Fee Appraisal Interest Reserve 1.500,000 3.067.744 80.000 10.000 109.000 3.500 53.881 4,824.125 Sources & Uses Gap $ Equity % Equity Return on Equity Return on Equity Sources 200.000 Gift 700.000 OCS 136.050 NRC 900.000 City of Clearwater 2.888,075 Banks @ 60% 4,824.125 836.050 17.3% 1.4% 11.700 ..... . - - ~._"_O______~ -...-- - -"~-- --- O~ -OJ I . Gross Rent 387,728 387,728 387,728 387,728 387.728 387,728 Tax Payments 102,150 105,214 108,370 111,622 114,970 118,419 Liability Insurance 7,000 7,350 7,718 8,103 8.509 8,934 Common Area Charges 100,000 105.000 110,250 115,763 121,551 127.628 Vacancy I Collection Loss 596,878 605,292 614,066 623,215 632,757 642,709 Property Taxes Insurance Common Area Maintenance Reserve & Replacement '~$"~~~~~~"7t.a.j,t.f,ti"""~'1l."'~$\-':-iD~6~f'"""'l:if~f -T - . 1]<1'~J...Jo\N;,\I}D~.~...m~~~..~~m.!g~~... . . . 1 02,150 7,000 100,000 26,247 235,396 105,214 7,350 103,000 26,247 241,811 108,370 7,718 106,090 26,247 248,425 111,622 8,103 109,273 26,247 255,245 114,970 8,509 112.551 26,247 262,277 Net Operating Income 361.481 363,481 365,641 367,971 370,481 373,182 Debt Service First Commercial Lender 289.884 289,884 289.884 289,884 289,884 289,884 City of Clearwater 59,897 59,897 59.897 59.897 59.897 59,897 Total 349,781 349,781 349.781 349,781 349,781 349,781 Net Income 1'1,700 13,700 15,860 18,190 20,700 23,401 Debt Coverage Ratio 103% 104% 105% 105% 106% 107% o\J~r CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED 608 NORTH GARDEN AVENUE CLEARWATER, FLORIDA 34615 813-442-4155 813-446-4911(fax) MAJOR ITEMS 1. Storm Water Retention - The amount of land available for a development of this size and type precludes on-site retention. In order to facilitate development of this property, CNHS would like the City to consider pennitting the development to tie into the existing storm water line and have the storm water discharge into the City's current retention area. According to our architect, the amount of landscaping that is incorporated into the preliminary site plan s enough to handle the additional flow generated by this proposed retail center/supermarket. 2. Laura Street Vacation - In order for this development to occur, a section o1fbura Street from Prospect to North Myrtle win need to be vacated. We are requesting that this vacation to be accomplished at no cost to CNHS. 3. Financial Assistance - CNHS is in the process of applying for several grants, specifically a $700,000 grant from the Department of Health & Human Services, Office of Community Development. These grants emphasize the need for financial partnerships involving public entities as well as private sources. CNHS is asking the city of Clearwater for financial assistance. Our preliminary numbers indicate a need for a loan in the amount of $900,000. ~ , { 4. CapitaUmprovement Projects - The capital improvements requested in my letter of April II, 1996. These improvements include: expansion of water lines to connect to 14tt line on Cleveland Street, placement of three fire hydrants on right-of-way next to property, storm sewer modification, upgrade and extension, concrete work to the curb for turning radius on Cleveland to North Myrtle and closing of existing curb cut on Cleveland Street. r " ; ~ ~\ ~ r- l~ ~~' :..; ! :~. " :; ~ f i MINOR ITEMS I. Sign&i~ - It is possible that CNHS will need a variance to pennit certain signs required by Wmn-Dixie to be located on the property. These items may be negotiable in the lease. CNHS will do its best to comply with existing ordinances. 2. . - The sale of beer and wine in Wino-Dixie and in the anticipated restaurant will require a conditional use. CNHS' discussions with the prelirnimuy Building Review Board indicated that this would not be a problem. CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED 608 NORTH GARDEN AVENUE CLEARWATER, FLORIDA 34615 813-442-4155 813-446-49I1(fax) ITEMS TO BE FINALIZED 1. By April 15, 1996, extend the option to purchase with the property owner for a six month period. 2. By May 30, 1996, meet with the adjoining property owners concerning possible vacation of street/alley needed to tie the property together for development. 3. By June 1, 1996, initiate proceedings with the City of Clearwater for vacating Laura Street and the alley on the property. 4. By June 1, 1996, determine construction method. 5. By June 15, 1996, generate at least 10 grant applications for equity funding (including OCS grant application and funding through the City of Clearwater). 6. By June 1, 1996, complete discussions with Wmn-Dixie regarding minority and area residents hiring. Work with area Junior college, Pinellas Industry Council and other organizations regarding job training. 7. By July I, 1996, select a corporate tax attorney to detail tax benefits and ownership structure options. 8. By September 1, 1996, full site plans developed for review and approval. 9. By September 15, 1996, obtain a firm lease amount from Wino-Dixie which fits into the financial requirements of the proposed project. 10. By October 1, 1996 have interim and long-term financing in place for project. 11. By November 1, 1996, start construction. 12. By June 1, 1997 Wino Dixie opens. 13. By July 1, 1997, begin process for constructing the local retail space. ()\lz< .- - <<"- ~- ---. .-- ~- ~ -- . . . . ' Project Data Construction 1,968,518 Gross Lease Area 48.466 Lease Per Square Foot 8.00 , Total Project Cost 4,800,000 I I I I i I Estimated Assesment @ 80% 3,840,000 i I I I Existing Assessment 815,400 1 I I j . Tax Increment 71,182 I i CRA Loan Repayment 59,897 I I , I Net Gain to eRA 11,286 I I Milage 0.02503666 j . 1 Common Area Charges I lighting 25,000 Sewer & Water 50,000 I Maintenance 15,000 I , I Landscaping Repairs 10,000 ! TOTAL 100,000 eAM Per Square Foot 2.06 Taxes Per Square Foot 1.98 Insurance Per Square Foot 0.14 Total Cost Per Square Foot 4.19 , . " . .)\' . ,.! . -'. . . ' . .! r, Revenues 2002 J i 1997 1998 1999 2000 2001 : Gross Rent 387,728 387,728 387,728 387,728 387,728 387,728 I Tax Payments 96,141 99,025 101,996 105,056 108,207 111 ,454 i Liability Insurance 7,000 7,350 7,718 8,103 8,509 8,934 I 1 Common Area Charges 100,000 105,000 110,250 115,763 121,551 127,628 , l. Vacancy I Collection Loss I i 590,869 599,103 607,691 616,649 625,994 635,744 I I I I I I . Operating Expenses I Property Taxes 96,141 99,025 101,996 105,056 108,207 111 ,454 I Insurance 7,000 7,350 7,718 8,103 8,509 8,934 Common Area Maintenance 100,000 103,000 106,090 109,273 112,551 115,927 Reserve & Replacement 26,247 26,247 26,247 26,247 26.247 26,247 229,388 235,622 242,050 248,679 255,514 262,562 Net Operating Income 361,481 363,481 365,641 367,971 370,481 373,182 Debt Service First Commercial Lender 289,884 289,884 289,884 289,884 289,884 289,884 City of Clearwater 50,701 51,442 52,229 53,064 53,951 54,892 Total 340,586 341,327 342,113 342,949 343,835 344,777 Net Income 20,896 22,155 23,528 25,022 26,646 28,405 Debt Coverage Ratio 106% 106% 107% 107% 108% 108% O\J-(K Sources & Uses Land Construction Capital Architect LO Fee Appraisal Interest Reserve 1,500,000 3,067,744 80,000 10,000 109,000 3,500 53,881 4,824,125 200,000 700,000 136,050 900,000 2,888,075 4,824,125 Gift OCS NRC City of Clearwater Banks @ 60% i I i I I I I ! I ! I I I I I i I I ! I I : . 1 I ! USES Sources Gap $ Equity % Equity Return on Equity Return on Equity 836,050 17.3% 2.5% 20,896 Project Data Common Area Charges Lighting 25,000 Sewer & Water 50,000 Maintenance 15,000 Landscaping Repairs 10,000 TOTAL 100,000 CAM Per Square Foot 2.06 r . Taxes Per Square Foot 1.98 Insurance Per Square Foot 0.14 Total Cost Per Square Foot 4.19 () \\ ~/ ~un-03-96 08:36A P.02 608 ~cnh Garden Avenue Cle~ater. Ronda 34615 Phone:: (813)442-4155 FAX: 4-+~c)11 ':1 ,/.", ,",mi" '" ~tW"t\"(1nt1ol ~1"C.U..:.l'""I' April 11, 1996 Mr. Alan Ferri Director. Economic Development Department City of Clearwater P. O. Box 4748 Clearwater, Florida 34617 Re: Capital Improvements Budget Dear Alan: ~ we have previously discussed, I am requesting the following items be considered for placement in the City of Clearwater's 1996-1997 Capital Improvements Budget: North Greenwood 1. Parking lot on the south end of the North Greenwood Commercial District (CNO). Your department already has the cost for this lot North Ft. BnrrisoDINortb Garden Avenu~ortb Myrtle Avenue 1. Two parkinS lots near the established commercial areas. placed appropriately, so that a business located within the CI zoning area may be expanded, or a new business opened witbin this areL These funds would only be expended once the City Conunissionm approve district-wide parking for this area. The costs for these two lots should be the about the same as the cost for the lots in the CNG district. o ShoPpinl Ceo terlSupermarket 1. Expansion of Water Lines to connect to 14- line on Cleveland Street. placement ofthrce fire hydrants on edge of property S33.000.00 2. 3. Stonn Sewer modification.. increase size of'Myrtle Une Sewer Connection Upgrade & E..rtension to nearest manhole SI7.000.00 $11,000.00 I talked with Don McCarty of Scott's office this morning about the shopping center. He indicated that the corner of Cleveland and Myrtle had a very tight turning radius for car turning off of Cleveland north to Myrtle. He said that Traffic would probably want a wider radius which would involve !lome concrete work. Also we will be closing the curb cut now is place on Cleveland. AJso. this gets a little complicated since Cleveland is technically a state road. I . thought that Clearwater accepted maintenance on it though to get the on-street parking approval. I.- - -p- -..- ~ .... ~ - . . .. . ........". ..~" Jun-03-9S 08:36A P.03 . . . Mr. Alan Ferri April 11, 1996 Paget Two I have no idea how much any of this will cost. but it is sometlUng to consider for this budgeting process. I appreciate the City'3 consideration of these items for inclusion in the budget. If you have any questions concerning any of these, please feel free to contact me. Sincerely, ...-"'1...~ ~ .- ~ ~ -- ,. -r--- - /" t,/ Nancy Hansen Economic Developmeni Specialist o .~ o,~e.r .. '. AMORTlZA TION SCHEDULE Clearwater Neighborhood Housing Services PRINCIPAL $ 900,000 PAYMENTS 240 RATE 6.0% AMOUNT $6,447.88 PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST 01-Nov-96 1 900,000.00 898,052.12 4,197.88 2,250.00 1,947.88 4,500.00 01-Dee-96 2 898,052.12 896,094.50 4,202.75 2,245.13 1,957.62 4,490.26 01-Jan-97 3 896,094.50 894,127.09 4,207.64 2,240.24 1,967.41 4,480.47 01-Feb-97 4 894,127.09 892,149.85 4,212.56 2,235.32 1,977.24 4,470.64 01-Mar-97 5 892,149.85 890,162.72 4,217.50 2,230.37 1,987.13 4,460.75 01-Apr-97 6 890,162.72 888,165.65 4,222.47 2,225.41 1,997.07 4,450.81 01-May-97 7 888,165.65 886,158.60 4,227.47 2,220.41 2,007.05 4,440.83 01-Jun-97 8 886,158.60 884,141.52 4,232.48 2,215.40 2,017.09 4,430.79 01-Jul-97 9 884.141.52 882,114.34 4,237.53 2,210.35 2,027.17 4.420.71 01-Aug-97 10 882.114.34 880,077 .04 4,242.59 2,205.29 2,037.31 4,410.57 01-Sep-97 11 880,077.04 878,029.54 4,247.69 2,200.19 2,047.49 4,400.39 01-0ct-97 12 878,029.54 875,971.81 4,252.81 2,195.07 2,057.73 4,390.15 01-NoY-97 13 875,971.81 873,903.79 4,257.95 2,189.93 2,068.02 4,379.86 01-Dee-97 14 873,903.79 871.825.43 4,263.12 2,184.76 2,078.36 4,369.52 01-Jan-98 15 871,825.43 869,736.68 4,268.32 2.179.56 2,088.75 4,359.13 01-Feb-98 16 869,736.68 867,637.48 4,273.54 2.174.34 2,099.20 4,348.68 01-Mar-98 17 867,637.48 865.527.79 4,278.79 2,169.09 2,109.69 4,338.19 01-Apr-98 18 865,527.79 863,407.55 4,284.06 2,163.82 2,120.24 4,327.64 01-May-ga 19 863.407.55 861,276.71 4,289.36 2,158.52 2,130.84 4,317.04 01-Jun-ga 20 861,276.71 859,135.21 4,294.69 2.153.19 2,141.50 4,306.38 01-Jul-ga 21 859,135.21 856,983.01 4.300.04 2,147.84 2,152.20 4,295.68 01-Aug-98 22 8..'i6,983.01 854,820.04 4,305.42 2,142.46 2,162.96 4,284.92 01-Sep-98 23 854,820.04 852,646.26 4.310.83 2,137.05 2,173.78 4,274.10 01-0ct-ga 24 852,646.26 850.461.62 4,316.26 2,131.62 2,184.65 4,263.23 01-NoY-98 25 850,461.62 848,266.04 4,321.73 2,126.15 2.195.57 4,252.31 01-Dec-98 26 848,266.04 846,059.49 4,327.21 2,120.67 2,206.55 4,241.33 01-Jan-99 27 846,059.49 843,841.91 4,332.73 2.115.15 2.217.58 4,230.30 01-Feb-99 28 843,841.91 841.613.24 4,338.27 2,109.60 2,228.67 4,219.21 01-Mar-99 29 841,613.24 839,373.43 4,343.85 2,104.03 2,239.81 4,208.07 01-Apr-99 30 839,373.43 837.122.42 4,349.45 2,098.43 2,251.01 4,196.87 01-May-99 31 837,122.42 834,860.15 4,355.07 2,092.81 2,262.27 4,185.61 01-Jun-99 32 834,860.15 832,586.57 4,360.73 2,087.15 2,273.58 4,174.30 01-Jul-99 33 832,586.57 830,301.62 4,366.41 2,081.47 2,284.95 4,162.93 01.Aug-99 34 830,301.62 828,005.25 4,372.13 2,075.75 2,296.37 4,151.51 01-Sep-99 35 828,005.25 825,697.40 4,377.87 2,070.01 2.307.85 4,140.03 01-0ct-99 36' 825,697.40 823,378.01 4,383.64 2,064.24 2,319.39 4,128.49 01-Nov-99 37 823,378.01 821,047.02 4,389.43 2.058.45 2,330.99 4.116.89 01-Dec-99 38 821,047.02 818,704.37 4,395.26 2,052.62 2,342.64 4.105.24 01-Jan-oD 39 818,704.37 816,350.01 4,401.12 2,046.76 2,354.36 4,093.52 01-Feb-OO 40 816,350.01 813,983.89 4.407.00 2,040.88 2,366.13 4,081.75 01-Mar-oD 41 813,983.89 811,605.93 4,412.92 2.034.96 2.377.96 4,069.92 01-Apr-oD 42 811,605.93 809,216.08 4,418.86 2.029.01 2,389.85 4,058.03 01-May-OO 43 809,216.08 806,814.28 4,424.84 2,023.04 2,401.80 4,046.08 01-Jun-oD 44 806,814.28 804,400.47 4,430.84 2,017.04 2,413.81 4.034.07 01-Jul-QO 45 804,400.47 801,974.59 4,436.88 2,011.00. 2,425.88 4,022.00 01-Aug-OO 46 801,974.59 799.536.58 4,442.94 2,004.94 2,438.01 4,009.87 01-Sep-OO 47 799,536.58 797,086.39 4.449.04 1,998.84 2,450.20 3,997.68 01-0ct-oD 48 797.086.39 794,623.94 4,455.16 1,992.72 2.462.45 3,985.43 01-Nov-OO 49 794,623.94 792,149.18 4.461.32 1,986.56 2,474.76 3,973.12 CNHS Winn-Dixie Amortization Page 1 AMORTlZA TlON SCHEDULE Clearwater Neighborhood Housing Services PRINCIPAL $ 900,000 PAYMENTS 240 RATE 6.0% AMOUNT $6.447.88 PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOT AL DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST 01-Dec-OO 50 792.149.18 789,662.05 4,467.51 1,980.37 2,487.13 3.960.75 01-Jan-01 51 789.662.05 787,162.48 4,473.72 1,974.16 2,499.57 3,948.31 01-Feb-01 52 787,162.48 784,650.41 4.479.97 1.967.91 2,512.07 3,935.81 01-Mar-01 53 784.650.41 782,125.78 4,486.25 1,961.63 2,524.63 3,923.25 01-Apr-01 54 782,125.78 779,588.53 4,492.57 1.955.31 2.537.25 3,910.63 01 -May-01 55 779,588.53 777,038.60 4,498.91 1,948.97 2,549.94 3,897.94 01-Jun-01 56 m.038.60 774,475.91 4,505.28 1.942.60 2,562.69 3,885.19 01-Jul-01 57 774,475.91 771,900.41 4,511.69 1,936.19 2,575.50 3.872.38 01-Aug-01 58 771,900.41 769,312.03 4,518.13 1,929.75 2,588.38 3,859.50 01-Sep-01 59 769,312.03 766,710.71 4,524.60 1.923.28 2,601.32 3,846.56 01-0ct-01 60 766,710.71 764.096.39 4,531.10 1,916.78 2,614.33 3,833.55 01-Nov-01 61 764,096.39 761,468.99 4,537.64 1,910.24 2,627.40 3,820.48 01-Dec-01 62 761,468.99 758,828.45 4,544.21 1,903.67 2,640.53 3,807.34 01-Jan-02 63 758,828.45 756,174.72 4,550.81 1.897.07 2,653.74 3,794.14 01-Feb-02 64 756,174.72 753,507.71 4,557.44 1.890.44 2,667.01 3,780.87 01-Mar-02 65 753,507.71 750,827.37 4,564.11 ',883.77 2,680.34 3,767.54 01-Apr-02 66 750,827.37 748.133.63 4,570.81 1.877.07 2,693.74 3,754.14 01.May-02 67 748,133.63 745,426.42 4,577.55 1,870.33 2,707.21 3,740.67 01-Jun-02 68 745,426.42 742,705.67 4,584.31 1,863.57 2,720.75 3,727.13 01-JuJ-02 69 742,705.67 739.971.32 4,591.12 1 ,856.76 2,734.35 3,713.53 01-Aug-02 70 739,971.32 737,223.29 4,597.95 1,849.93 2,748.02 3,699.86 01-Sep-02 71 737,223.29 734,461.53 4,604.82 1,843.06 2,761.76 3,686.12 01-Oct-02 72 734,461.53 731,685.96 4,611.73 1,836.15 2,775.57 3,672.31 01-Nov-02 73 731,685.96 728,896.51 4,618.66 1,829.21 2,789.45 3,658.43 01-Dec-02 74 728,896.51 726,093.11 4,625.64 1 ,822.24 2,803.40 3,644.48 01-Jan-03 75 726,093.11 723,275.70 4,632.65 1,815.23 2,817.41 3,630.47 01-Feb-03 76 723,275.70 720,444.20 4,639.69 1,808.19 2,831.50 3,616.38 01-Mar-03 77 720,444.20 717,598.54 4,646.77 1 ,801.11 2,845.66 3,602.22 01-Apr-03 78 717,598.54 714,738.65 4,653.88 1,794.00 2,859.89 3,587.99 01-May-03 79 714,738.65 711,864.47 4,661.03 1,786.85 2,874.19 3,573.69 01-Jun-03 60 711,864.47 708,975.91 4,668.22 1,779.66 2,888.56 3,559.32 01-Jul-03 61 706,975.91 706,072.91 4,675.44 1,772.44 2,903.00 3,544.88 01-Aug-03 82 706,072.91 703,155.39 4,682.70 1,765.18 2,917.51 3,530.36 01-Sep-03 63 703,155.39 700,223.29 4,689.99 1,757.89 2,932.10 3,515.78 01-Oct-03 84 700,223.29 697.276.53 4,697.32 1,750.56 2,946.76 3,501.12 01-Nov-03 85 697,276.53 694,315.03 4,704.69 1 ,743.19 2,961.50 3,486.38 01-0ec-03 86 694,315.03 691,338.73 4,7l2.09 1,735.79 2,976.30 3,471.58 01-Jan-04 67 691,338.73 688,347.54 4,719.53 1 ,728.35 2,991.19 3,456.69 01-Feb-04 88 688,347.54 685.341.40 4,727.01 1,720.87 3,006.14 3,441.74 01-Mar-Q4 89 685,341.40 682,320.23 4,734.53 1,713.35 3,021.17 3,426.71 01-Apr-04 90 682,320.23 679.283.95 4,742.08 1 ,705.80 3,036.28 3.411.60 01-May-04 91 679,283.95 676,232.49 4,749.67 1 ,698.21 3,051.46 3,396.42 01-Jun-04 92 676,232.49 673,165.77 4,757.30 1,690.58 3,066.72 3,381.16 01-Jul..Q4 93 673,165.71 670,083.72 4,764.97 1,682.91 3,082.05 3,365.63 01-Aug-04 94 670,083.72 666,986.26 4,772.67 1,675.21 3,097.46 3,350.42 01-Sep-04 95 666,986.26 663,873.31 4,780.41 1.667.47 3.112.95 3,334.93 01-0ct-04 96 663,873.31 660,744.80 4,788.20 1,659.68 3,128.51 3,319.37 01-Nov-Q4 97 660.744.60 657,600.64 4,796.02 1,651.86 3,144.16 3,303.72 01-Dec..Q4 98 657,600.64 654,440.77 4,803.88 1,644.00 3,159.88 3,288.00 c,\!f.K CNHS Winn-Dixie Amortization Page 2 "_.. _ __ -...-____ _' ~_.., ~- r . - - . '. AMORTIZATION SCHEDULE ClealW3ler Neighborhood Housing Services PRINCIPAL $ 900,000 PAYMENTS 240 RATE 6.0% AMOUNT $6,447.88 PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST 01-Mar-13 197 254,099.53 248,922.15 5,812.63 635.25 5,177.38 1 ,270.50 01-Apr-13 198 248,922.15 243,718.88 5,825.57 622.31 5,203.27 1 ,244.61 01-May-13 199 243,718.68 238,489.60 5,838.58 609.30 5,229.29 1 ,218.59 01-Jun-13 200 238,489.60 233,234.17 5,851.66 596.22 5,255.43 1,192.45 01-Jul.13 201 233,234.17 227.952.46 5.864.79 583.09 5,281.71 1,166.17 01-Aug-13 202 227,952.46 222.644.34 5,878.00 569.88 5,308.12 1,139.76 01-Sep-13 203 222,644.34 217,309.68 5,891.27 558.61 5,334.66 1 ,113.22 01-0ct-13 204 217.309.68 211,948.35 5,904.61 543.27 5,361.33 1 ,086.55 01-Nov-13 205 211,948.35 206,560.21 5,918.01 529.87 5,388.14 1,059.74 01-Dec-13 206 206,560.21 201,145.14 5,931.48 516.40 5,415.08 1 ,032.80 01-Jan-14 207 201.145.14 195,702.98 5,945.02 502.86 5,442.15 1 ,005.13 01-Feb-14 208 195,702.98 190,233.62 5,958.62 489.26 5,469.36 978.51 01.Mar-14 209 190,233.62 184,736.91 5,972.30 475.58 5,496.71 951.17 01-Apr-14 210 184,736.91 179,212.71 5,986.04 461.84 5,524.19 923.68 01-May-14 211 179,212.71 173,660.90 5,999.85 448.03 5.551.82 896.06 01-Jun-14 212 173,660.90 168,081.32 6,013.73 434.15 5,579.58 868.30 01-Jul-14 213 168.081.32 162,473.85 6,027.68 420.20 5,607.47 840.41 01-Aug-14 214 162,473.85 156,838.34 6.041 .69 406.18 5,635.51 812.37 01-Sep-14 215 156,838.34 151,174.65 6,055.78 392.10 5,663.69 784.19 01-0ct-14 216 151,174.65 145,482.64 6,069.94 377.94 5,692.01 755.87 01-Nov-14 217 145,482.64 139,762.18 6,084.17 363.71 5,720.47 721.41 01-0ec-14 218 139,762.18 134,013.11 6,098.47 349.41 5,749.07 698.81 01.Jan-15 219 134,013.11 128.235.29 6,112.85 335.03 5,777.81 670.07 01-Feb-15 220 128,235.29 122,428.59 6,127.29 320.59 5,806.70 641.18 01-Mar-15 221 122,428.59 116,592.85 6,141.81 306.07 5,835.74 612.14 01-Apr-15 222 116,592.85 110,727.94 6,156.40 291.48 5,864.92 582.96 01-May-15 223 110,727.94 104,833.70 6,171.06 276.82 5,894.24 553.64 01-Jun-15 224 104,833.70 98,909.99 6,185.80 262.08 5,923.71 524.11 01-Jul-15 225 98,909.99 92,956.66 6,200.60 247.27 5,953.33 494.55 01-Aug-15 226 92,956.66 86,973.56 6,215.49 232.39 5,983.10 464.78 01-Sep-15 227 86,973.56 80,960.55 6,230.45 217.43 6.013.01 434.87 01-0ct.15 228 80,960.55 74,917.47 6,245.48 202.40 6,043.08 404.80 01-Nov-15 229 74,917.47 68,844.18 6,260.59 187.29 6,073.29 374.59 01-Dec-15 230 68,844.18 62,740.52 6,275.77 172.11 6,103.66 344.22 01..1an-16 231 62,740.52 56,606.35 6,291.03 156.85 6,134.18 313.10 01-Feb-16 232 56,606.35 50,441.50 6,306.36 141.52 6.164.85 283.03 01-Mar-16 233 50,441.50 44,245.83 6,321.78 126.10 6.195.67 252.21 01-Apr-16 234 44,245.83 38,019.18 6,337.26 110.61 6,226.65 221.23 01-May-16 235 38.019.18 31,761.39 6,352.83 95.05 6,257.78 190.10 01-Jun-16 235 31,761.39 25.472.32 6,368.48 79.40 6.289.07 158.81 01-Jul-16 237 25,472.32 19,151.80 6,384.20 63.68 6,320.52 121.36 01-Aug-16 238 19,151.80 12,799.68 6,400.00 47.88 6,352.12 95.76 01-Sep-16 239 12.799.68 6.415.80 6,415.88 32.00 6,383.88 64.00 01-0ct-16 240 6,415.80 (0.00) 6,431.84 16.04 6,415.80 32.08 TOTALS $ 1,223.745.54 $ 323,745.54 $ 900,000.00 $ 647,491.09 CNHS Wino-Dixie Amortization Page 5 AMORTIZATION SCHEDULE Clearwater Neighborhood Housing Services PRINCIPAL S 900,000 PAYMENTS 240 RATE 6.0% AMOUNT $6,447.88 PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST 01-Feb-09 148 478,608.93 474,554.10 5,251.36 1,196.52 4,054.83 2,393.04 01-Mar.Q9 149 474,554.10 470,478.99 5,261.49 1,186.39 4.075.11 2,372. n 01-Apr.09 150 470,478.99 466,383.51 5,271.68 1,176.20 4,095.48 2,352.39 01-May.Q9 151 466,383.51 462,267.54 5,281.92 1,165.96 4,115.96 2,331.92 01-Jun.Q9 152 462,267.54 458,131.00 5,292.21 1,155.67 4,136.54 2,311.34 01-Jul.09 153 458,131.00 453,973.78 5,302.55 1,145.33 4,157.22 2,290.66 01-Aug.Q9 154 453,973.78 449,795.n 5.312.95 1,134.93 4,178.01 2,269.87 01-Sep.Q9 155 449,795.77 445,596.87 5,323.39 1,124.49 4,198.90 2,248.98 01-0ct.Q9 156 445,596.87 441,376.97 5,333.89 1,113.99 4,219.90 2,227.98 01-Nov.Q9 157 441,376.97 437,135.98 5,344.44 1,103.44 4,240.99 2,206.88 01-Dee.Q9 158 437,135.98 432,873.78 5,355.04 1,092.84 4,262.20 2,185.68 01-Jan.10 159 432,873.78 428,590.27 5,365.70 1,082.18 4,283.51 2,164.37 01-Feb-10 160 428,590.27 424,285.34 5,376.40 1,071.48 4,304.93 2,142.95 01-Mar.10 161 424,285.34 419,958.88 5.387.17 1,060.71 4,326.45 2,121.43 01-Apr.1 0 162 419,958.88 415,610.80 5,397.98 1,049.90 4,348.09 2,099.79 01-May-10 163 415.610.80 411.240.97 5.408.85 1,039.03 4,369.83 2,078.05 01-Jun.10 164 411,240.97 406,849.30 5.419.78 1,028.10 4,391 .67 2,056.20 01-Jul.10 165 400,849.30 402,435.67 5,430.76 1,017.12 4,413.63 2,034.25 01-Aug-10 166 402,435.67 397,999.97 5,441.79 1.006.09 4,435.70 2,012.18 01-Sep.10 167 397,999.97 393,542.09 5,452.88 995.00 4,457.88 1,990.00 01-0ct.10 168 393,542.09 389,061.92 5,464.02 983.86 4,480.17 1,967.71 01-Nov.10 169 389,061.92 384,559.35 5,475.22 972.65 4,502.57 1.945.31 01-Dee.10 170 384,559.35 380,034.26 5.486.48 961.40 4.525.08 1.922.80 01-Jan-11 171 380,034.26 375,486.56 5,497.79 950.09 4,547.71 1,900.17 01-Feb-11 172 375,486.56 370,916.11 5.509.16 938.72 4,570.45 1.8n.43 01-Mar-11 173 370,916.11 366,322.81 5,520.59 927.29 4,593.30 1,854.58 01-Apr-11 174 366.322.81 361,706.54 5.532.07 915.81 4,616.27 1,831.61 01-May-11 175 361,706.54 357,067.20 5,543.61 904.27 4,639.35 1 ,808.53 01-Jun-11 176 357,067.20 352,404.65 5,555.21 892.67 4,662.54 1,785.34 01-JuI-11 1n 352.404.65 347,718.80 5.566.87 881.01 4,685.86 1,762.02 01-Aug-11 178 347,718.80 343,009.51 5,578.58 869.30 4,709.29 1,738.59 01-Sep.11 179 343,009.51 338,276.68 5.590.36 857.52 4,732.83 1,715.05 01-0ct-11 180 338,276.68 333,520.18 5,602.19 845.69 4,756.50 1,691.38 01-Nov-11 181 333,520.18 328,739.91 5,614.08 833.80 4.780.28 1,667.60 01.0ec.11 182 328,739.91 323,935.73 5,626.03 821 .85 4,804.18 1,643.70 01-Jan-12 183 323,935.73 319,107.52 5.638.04 809.84 4,828.20 1 ,619.68 01-Feb-12 184 319.107.52 314,255.18 5,650.11 797.77 4,852.34 1,595.54 01-Mar-12 185 314,255.18 309,378.58 5,662.24 785.64 4,876.60 1,571.28 01-Apr-12 186 309,378.58 304,477.59 5,674.43 n3.45 4,900.99 1 ,546.89 01-May-12 187 304,477.59 299,552.10 5.686.69 761.19 4,925.49 1,522.39 01.Jun-12 188 299,552.10 294,601.98 5,699.00 748.88 4,950.12 1,497.76 01-Jul-12 189 294,601.98 289,627.11 5,711.37 736.50 4,974.87 1,473.01 01.Aug-12 190 289,627.11 284,627.37 5.723.81 724.07 4,999.74 1,448.14 01.Sep-12 191 284,627.37 279,602.63 5,736.31 711 .57 5,024.74 1,423.14 01-0ct-12 192 279,602.63 274,552.76 5,748.87 699.01 5,049.87 1,398.01 01.Nov-12 193 274.552.76 269,477.64 5,761.50 686.38 5,075.12 1,372.76 01.Dec-12 194 269,477.64 264,377.15 5,774.19 673.69 5,100.49 1 ,347.39 01.Jan-13 195 264,377.15 259,251.16 5,786.94 660.94 5,125.99 1,321.89 01.Feb-13 196 259,251.16 254,099.53 5,799.75 648 .13 5,151.62 1,296.26 CNHS Winn-Dixie Amortization G~ e_.~ Page 4 AMORTlZA nON SCHECULE Clearwater Neighborhood Housing Services PRINCIPAL $ 900,000 PAYMENTS 240 RATE 6.0% AMOUNT $6,447.88 PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL DATE NUMBER BALANCe BALANCE by CNHS by CRA PRINCIPAL INTEREST 01-Jan-05 99 654,440.n 651,265.09 4,811.78 1,636.10 3,175.68 3,272.20 01-Feb-05 100 651,265.09 648,073.54 4,819.72 1,628.16 3,191.55 3,256.33 01.Mar-05 101 648,073.54 644,866.02 4,827.70 1,620.18 3,207.51 3,240.37 01.Apr-05 102 644,866.02 641,642.48 4,835.71 1,612.17 3,223.55 3,224.33 01.May-05 103 641,642.48 638.402.81 4,843.n 1,604.11 3,239.67 3,208.21 01.Jun-05 104 638,402.81 635,146.94 4,851.87 1,596.01 3,255.87 3,192.01 01-Jul-05 105 635,146.94 631,874.80 4,860.01 1,587.87 3,272.14 3,175.73 01.Aug-05 106 631,874.80 628,586.29 4,868.19 1,579.69 3,288.51 3,159.37 01.Sep-05 107 628,586.29 625.281.34 4,876.41 1,571.47 3,304.95 3,142.93 01.Qct-05 108 625,281.34 621,959.87 4,884.68 1,563.20 3,321.47 3,126.41 01-Nov-05 109 621 ,959.87 618.621.79 4,892.98 1,554.90 3,338.08 3,109.80 01.Dec-05 110 618,621.79 615,267.02 4,901.33 1,546.55 3,354. n 3,093.11 01.Jan-06 111 615,267.02 611,895.48 4,909.71 1,538.17 3,371.54 3,076.34 01.Feb-06 112 611 ,895.48 608,507.07 4,918.14 1,529.74 3,388.40 3,059.48 01.Mar-06 113 608,507.07 605,101.73 4,926.61 1,521.27 3,405.34 3,042.54 01-Apr-06 114 605,101.73 601,679.36 4,935.13 1,512.75 3,422.37 3,025.51 01-May..()6 115 601 ,679.36 598.239.88 4,943.68 1 ,504.20 3,439.48 3,008.40 01.Jun-06 116 598,239.88 594,783.20 4,952.28 1,495.60 3,456.68 2,991.20 01-Jul-06 117 594,783.20 591.309.23 4,960.92 1,486.96 3,473.96 2,973.92 01-Aug-06 118 591 .309.23 587,817.90 4,969.61 1,478.27 3,491.33 2,956.55 01-Sep-06 119 587,817.90 584,309.11 4,978.33 1,469.54 3,508.79 2,939.09 01-0ct-06 120 584,309.11 580,782.78 4,987.11 1,460.n 3,526.33 2,921.55 01-Nov-06 121 580,782.78 5n ,238.81 4,995.92 1,451.96 3,543.97 2.903.91 01.Dec-06 122 577.238.81 513,6n.12 5,004.78 1,443.10 3,561.69 2,886.19 01.Jan-07 123 573,6n.12 570,097.63 5,013.69 1,434.19 3,579.49 2,868.39 01-Feb-07 124 570.097.63 566.500.24 5,022.64 1,425.24 3,597.39 2,850.49 01-Mar-Q7 125 566,500.24 562,884.86 5,031.63 1,416.25 3,615.38 2,832.50 01-Apr-D7 126 562,884.86 559,251.41 5,040.67 1,407.21 3,633.46 2,814.42 01-May-a7 127 559.251.41 555,599.78 5,049.75 1,398.13 3,651.62 2,796.26 01-Jun-D7 128 555,599.78 551,929.90 5,058.88 1,389.00 3.669.88 2,778.00 01-Ju1..Q7 129 551,929.90 548.241.67 5,068.05 1,379.82 3,688.23 2,759.65 01-Aug-D7 130 548,241.67 544.535.00 5,077 .28 1,370.60 3,706.67 2,741.21 01-Sep-07 131 544,535.00 540,809.80 5,086.54 1,361.34 3,725.20 2,722.68 01-0ct-D7 132 540,809.80 537,065.97 5,095.86 1,352.02 3,743.83 2,704.05 01.Nov-D7 133 537,065.97 533,303.42 5,105.21 1,342.66 3,762.55 2,685.33 01-Dec-D7 134 533,303.42 529,522.05 5,114.62 1.333.26 3,781.36 2,666.52 01-Jan-08 135 529,522.05 525,721.78 5,124.07 1,323.81 3,800.27 2,647.61 01-Feb-OS 136 525,721.78 521,902.51 5,133.58 1,314.30 3,819.27 2,628.61 01-Mar-08 137 521,902.51 518,064.15 5,143.12 1,304.76 3,838.37 2,609.51 01.Apr-08 138 518,064.15 514,206.59 5,152.72 1,295.16 3,857.56 2,590.32 01-May-DS 139 514,206.59 510,329.74 5,162.36 1,285.52 3,876.85 2,571.03 01-Jun-08 140 510,329.74 506,433.51 5,172.06 1 ,275.82 3,896.23 2,551.65 01-Jul-oB 141 506,433.51 502,511.80 5,181.80 1,266.08 3,915.71 2,532.17 01-Aug-08 142 502,517.80 498,582.51 5,191.59 1,256.29 3,935.29 2.512.59 01-Sep-08 143 498,582.51 494,627.54 5,201.42 1,246.46 3,954.97 2.492.91 01-0ct-08 144 494,627.54 490,652.80 5,211.31 1,236.57 3,974.74 2,473.14 01-Nov-D8 145 490,652.80 486,658.18 5,221.25 1,226.63 3,994.62 2,453.26 01-0ec-oB 146 486.658.18 482,643.60 5,231.23 1,216.65 4,014.59 2.433.29 01.Jan-09 147 482,643.60 478.608.93 5,241.27 1,206.61 4,034.66 2,413.22 CNHS Wino-Dixie Amortization Page 3 ("e:. 5' j c . The Clearwater Neighborhood Housing Services, a non profit organization, has been working with Wlnn- Dixie for the last year to relocate a nearby store which Is closing to a location In downtown Clearwater. The current store has 80 employees and the new store will retain the 80 employees and hire approximately 60 additional employees. An agreement with the St. Petersburg Jr. College will insure that recruits will have traInlng avallable and w1ll enable CNHS to target low to moderate income persons for these jobs. See attached Letter from WlnnDlxie addressed to Alan Ferri. Winn Dixie plans to take over the project, build It then sell the improvement to CNHS. The entire project wIll cost approximately $4,824,125. Of the total amount a consortium of banks w1lllend $2,888,075, CNHS will raise $1.035,050 through gifts and grants. ThIs will leave a shortfall of $900,000. SEE Sources and Uses attachment and A Listing of Revenues and Expenses attachment. CNHS Is asking the CRA to lend the project this money at a 3% interest rate over 20 years. The CRA could borrow the $900,000 from the City of Clearwater at the current cash pool rate of 6% and pay down the interest with the tax Increment generated by the Improvements In the district from the store. The $900,000 plus 3016 would be paid by CNHS from the revenue and rent generated from Wlnn-Dixle. The CRA could use the title to the land as collateral. Attached Is a memorandum showing a time table and Issues to be resolved including several minor commitments by the City of Clearwater. these commitments include some work In the right of way to provide a larger sewer main, a bigger turning radius at the intersection. location of three fire hydrants on the light of way and the installation of additional piping to the City's stonn water system. CNHS wishes to apply for a loan for $700.000 from OCS. To be eUgtble for this grant CNHS needs to show that all the monies are available. The loan from the CRA is crucial to the success of the stntcture of this financing package. The CRA at this time cannot commit to the project since the plan does not Include the abl1lty to put a grocery store on those parcels. It will take approximately four months to amend the plan. If the City Commission and the CRA are desirous of participating in this venture there are two actions that are necessary at this time. The eRA could have a special meeting on Thursday night at 5:30 p.m. to pass a resolution which states that they Intend to change the downtown plan to ..#.f""'<"' ~ . Ie.. ~ ,,5/ c . Include a grocery store at that locatlon and that should the plan change and that If all the financing and is in place as described the CRA intends to lend money to CNHS for the grocery store construction. The City could at their regular meeting also pass a resolution of Intent that if the financing is In place as outlined then the City w1ll1end the eRA no more than $900,000 at 60/0 interest for 20 years for this project. Legalis prepared to write the resolutions of Intent for your consideration on Thursday night. I l I f I I i I I J j I I I i ~ . . , , . '. - ..' . \ . . j -----.::.... - . . tl?"'::, '<: , .. - ," .',~jl ,,", "'0 . . ~~ ~ '! I f Preliminary Agenda I I I ! ~ l I I ~ i i i i I ~ I , I I .. <'. F /b71 ,,(, i) '~ " J :t'!~:il', ~f;!A1if~i"!.." ,\\,.tj:In;;~~~7-~~',:-" -,..., "'-~-"'-:~;,:'-;-'f~J~I~;lr:"..:.~I:~,' :",.'I~;t:,6,!~"~~fi7:t':::".~:'::i~~""::;':: . 'n'.I~:~~:.:':.\{"I;..'.~.'-' .,,') '.~: ", ~ ',",fJ;Ji'Z~"" 1'~.~t.('7':":"f"',""'~-:;(\" '~:""'~"':"'~'J~:'''~ PRELIMINARY AGENDA following closed attorney/client session which begins at 9:00 a.m. Clearwater City Commission Worksession - Monday, June 3, 1996 Clearwater City Commission Meeting - 6:00 P.M. - Thursday, June 6, 1996 Service Awards Convene as Pension Trustees Reconvene as Commission PRESENTATIONS 1 . Silver Image Kiosk Demonstration - 10:00 a.m. 2. Legislative Report - Jim Massie 3. Award to winner of Future Focus 2005 FN FINANCE 1 . Approve request for authority to settle liability claim of Spottis Woode Homeowners Association, Inc., for damages to a brick wall that was damaged when struck by a City solid waste vehicle, for $27,859 (Consent) 2. Res. #96-29 - releasing liens on Sand Key properties that have prepaid the Power Line Burial Special Assessment in full, at a cost not to exceed $2,500 3. Res. #96-44 - providing for public sale of not to exceed $9,750,000 Gas System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 19968 GAS GAS SYSTEM 1. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, in order to secure a natural gas easement across CSXT's r-o-w in Safety Harbor, FL, for $1,225 (Consent) LIB LIBRARY 1. (Cant. from 5/16/96) Hire 2 full-time police service technicians to provide guard service for the Main Library & surrounding Coachman Park area for 70 hours per week, to be effective 8/15/96, when contract with National Building Maintenance, Inc. expires MR MARINE 1. Seventh Amendment to Clearwater Ferry Service, Inc. License & Agreement to amend the minimum routing schedule to have operation of ferry service on an as-need and on-call basis ( Consent) 2. First Reading Ord. #6048-96 - relating to sale of petroleum products; amending Sec. 33.031 to identify locations for sale of petroleum products at Clearwater Marina; allowing only fully qualified vendor, approved by City Manager and under an annual fuel contract with the City, to provide petroleum products sold at Clearwater Marina PD POLICE 1. Purchase of city-wide dictation system from Dictaphone Corp., for $33,158.30; authorize transfer of $33,158.30 from Police Department Debt Services Code to Police Department Capital Machinery and Equipment Code (Consent) 6/3/96 1 ~(~(.. "':""'.' - ... '-,-:~;--,-"'''~:~;~:;xJ~:~''', "7:- -~) --,":: :~.: "_J':.'I ,'Ii. ','", ~~/ ~~~;.~{.\'i~;'.:,:~ .;}.' :. ',~-' '. ~-, ," ,-- 2. Contract Renewal with Martin's Uniforms, Tampa, FL, for purchase of Police Dept. uniforms & related equipment, for the period -//18/96-7/17/97, at an amount not to exceed $85,000 (Consent) 3. Contract amendment with PSI International, Inc., Fairfax, V A, for purchase of 66 additional Fujitsu laptop personal computers & related components for $297,726; and Contract to Dell Computer Corporation for 30 Dell desktop personal computers & related components, for $75,111, plus annual maintenance of $31,848 to begin 1 year following acceptance, for a total of $404,685 PW PUBLIC WORKS 1. Contract for private street sweeping services to Sweeping Corporation of America, Nashville, TN, for the period 10/1/96-9/30/99, subject to annual fund availability, for a total of $383,940 EN ENGINEERING 1. Second Amendment to Lease Agreement dated 12/2/94 with the Times Publishing Company, amending lease premises to include additional lands in Blk B, Magnolia Park Sub., requiring protective fencing for a storage building, but no additional monthly rent; and extending lease term 3 months through 3/31/97, with all other lease provisions unchanged (Consent) 2. C.O.#3 to 1996 Underdrain Contract to Keystone Excavators, Inc., Oldsmar, FL, re Chestnut Street & Garden Avenue Storm Improvements, increasing the amount by $138,975.09 for a new total of $759,625.97 and extending the contract time by 40 days 3. Approve ranking & award contract for consultant services to Tampa Bay Engineering, Inc., Clearwater, FL, for design of watershed rehabilitation project at Hercules Avenue & Allen's Creek, for $200,000 4. Revise Sec. 30.041 & 30.043 to allow for two motorcycles to park per single designated parking space CP CENTRAL PERMITTING 1. (Cont. from 3/21, 4/18 & 5/2/96) Public Hearing & First Reading Ords. #5989-96 & #5990-96 - Land Use Plan Amendment to Commercial General & CG Zoning for property located at 401 S. Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gerry Staring I Natalie Moyles, Trustee, LUP96-01, Z96-02) 2. Public Hearing & First Reading: Ord. #5962-96 ~ LDCA amending Div. 26 of Ch. 40, to provide for revised development standards in the Urban Center District & Ord. #5964-96 - Zoning Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01) 3. Second Reading Ord. #6029-96 - RPD-16 Zoning for property located approx. 700' North of Gulf to Bay Blvd. & 350' East of Cambridge Dr., Storz Ophthalmic, Inc., Park Place DRI, lot 2 (less portion zoned Preservation) & Lot 3; approve Final Site Plan for the Grand Reserve subject to conditions (Storz Ophthalmics, Inc., Z96-03) 4. Public Hearing & First Reading Ords. #6032-96 & #6033-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located approx. 330' east of Greenwood Ave., Georgas Sub., Lots 5-10, Sec. 22-29-15, M&B 21.05 (School Board of Pinellas County I Fusco Management Corp. / Property Capital Trust, lUP96-03, Z96-05) 5. Public Hearing & First Reading Ords. #6034-96 & #6035-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1142 Lakeview Dr., Sec. 22-29-15, M&B 21.10 (School Board of Pinellas County / Pinellas Board of Public Institution, LUP96-02, Z96~04) 6. Variance(s) to Sign Regulations for property located at 1295 S. Missouri Ave., F .E. Hanousek's Sub., part of Lots 11 & 12 (Albertson's Inc., SV96-09) 6/3/96 2 .. . ~ .'~, -___.._--:--- -- ~'" If--.-~~ _. ''''"'''-'--,' " . . " . ~. ~ ~. . . " ~ 7. Public Hearing & First Reading Ords. #6036-96 & #6037-96 - Annexation & RS-8 Zoning for property located at 2275 Manor Blvd. N., Clearwater Manor, Lot 85 (McClure, A96-20) 8. Public Hearing & First Reading Ords. #6040-96 & #6041-96 - Annexation & RS-8 Zoning for property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz, A96-18) 9. Public Hearing & First Reading Ords. #6042-96 & #6043-96 - Annexation & RS-8 Zoning for property located at 1517 W. Virginia lane, Virginia Groves Estates 1 st Addition, Blk 10, lot 2 (Wyllie, Jr. / Knox-Bronson, A96-17) 10. Receipt/Referral - lDCA relating to density and the requirements for calculations resulting in a fraction (LDCA96-14) (Consent) 11. Receipt/Referral - LDCA allowing car rental uses as a conditional use in the Beach Commercial & Resort Commercial 28 Districts; identifying standards for approval of car rental uses in those zones, specifying that conditional use applications for outdoor displays must be compatible in scale & appearance with surrounding uses to be approved, and deleting requirement for a minimum lot size of 30,000 sq.ft. for outdoor retail sales, displays and/or storage uses in Infill Commerical Districts (lDCA96-13) (Consent) 1 2. Staff report on local efforts to implement the Education Facilities Act; request direction re desired public hearing option CM ADMINISTRATION 1. (Cont. from 5/16/96) Public Hearing & First Reading Ord. #6046-96 - Granting to GTE Media Ventures Inc. the permission to occupy municipal streets and rights-of-way in the City of Clearwater as a means of providing cable television services; prescribing the terms and conditions accompanying the grant of franchise; and prescribing penalties for the violation of its provisions; providing for severability of provisions 2. Harvorview Center ClK CITY CLERK 1. Beautification Committee - 2 appointments 2. Community Relations Board - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6013-96 - amending Sec. 35.11, to revise definition for variance (LDCA96-04) 2. Ord. #6023-96 - approving new gas utility rates to become effective for all billings rendered on or after 10/1/96, and incorporating subsequent changes to become effective for billings rendered on or after 10/1/97 3. Ord. #6024-96 - Annexation for property located at 1500 Stevenson Dr., Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15) 4. Ord. #6025-96 - CG Zoning for property located at 1500 Stevenson Dr., Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15) 5. Ord. #6026-96 - Annexation for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31 .03 (Burke, Trustee, A96-16) 6. Ord. #6027-96 - RM-8 Zoning for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31 .03 (Burke, Trustee, A96-16) 7. Ord. #6030-96 - providing authority to issue bonds to refund the outstanding Gas System Revenue Bonds, Series 1991 8. Ord. #6031-96 - Amending Sec. 2.323 to change composition of Parks and Recreation Board from 9 to 7 members 6/3/96 3 9. Ord. #6047-96 - Amending Sec. 2.700 re lobbyist ordinance to delete department directors from definition of staff Resolutions 1. Res. #96-41 - Assessing property owners the costs of having mowed or cleared owners' lots 2. Res. #96-43 - Demolition Lien - 705 Pennsylvania Ave., Pine Crest Sub., Blk 7, Lot 9 (Obadiah and Lillie Mae James) " Agreements, Deeds and Easements 1. Sanitary sewer lien agreement - 2275 N. Manor Blvd., Clearwater Manor Sub., Lot 85 (McClure) 2. Drainage installation and maintenance easement - 14 S. Arcturas Ave., Skycrest Sub., Unit 6, Blk A, Lot 4 (Wesley and Louise Pope) 3. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd., tract of land lying in Sec. 21-28-16 (McCullough Development Corporation) 4. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd., tract of land lying in Sec. 21-28-16 (James & Marlene McCullough) ) ) ; ,- ;~ ,. :i ~ , OTHER CITY ATTORNEY ITEMS 1 . Lobbyist Ordinance 2. Request for attorney/client session re Atrium at Clearwater vs. City and CRA on 6/20/96 at 5:00 p.m. City Manager Verbal Reports Commission Discussion Items 1. Set meeting with Marlo Boulevard neighborhood 2. Commissioner Seel's memorandum re Economic & Beach Advisory Committees 3. Mayor's request for authorization of travel expenses to Nagano, Japan in October Other Commission Action Adjourn 6/3/96 4 ~rJ ~ Clearwater City Commission Agenda Cover Memorandum Item II: ~~/f));~~t~~tt~m:~~~r~:/:~i~~)i}({~ ........,.................'...............'......,........'.....,'..,..... j{)}j~~}rrftft\jrH@t}f~~j 1~1~~.~j Meeting Date: SUBJECT: Revision of Clearwater Code Section 30.041 and 30.043 - Traffic and Motor Vehicles RECOMMENDATION/MOTION: Revise Clearwater Code Section 30.041 and 30.043 to allow for two motorcycles to park per single designated parking space; (!] and that the appropriate officials be authorized to execute same. BACKGROUND: . Florida Statute, Section 316 (State Uniform Traffic Control) states that except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way road shall be stopped or parallel to the curb or edge of the roadway in the direction of authorized traffic movement. . Florida Statute, Section 316 does not address the number of motorized vehicles that can be parked per parking space. . Pursuant to current parking needs, especially within downtown and the beach areas, this revision is begin recommended. . The specific revision to Clearwater Code Section 30.041 (1 a) and 30.043 is as follows: Remove: "Each space shall be limited to no more than one motor vehicle per parking space. " Insert: "Each marked space shall be limited to no more than one automobile, truck, van; gJd no more than two motorcycles, motor scooters, or similar motorized vehicles. Reviewed by: ....:;~:.:;ili............ ....9.r..i.Q!.~~.~~.~Q.I:?~P~~~.~.~.ry.tn~.... Legal::)::::::~{;;:!;:;r? }[r:::::r:ur:::tt::t~6.gfu~~r.~Qg)r:::r'l::,:t Budget :::::::;::::}!::)?::N/A?????/:: ~~~c~a::: :[:.!::.::.;:;;::::;~:;,j:.:~j~:;~:;';;l~:~.::~::::.::;'; .;;;~:0:j:j\~:::0:0:~i~~M;if\:6.~:::~:::~;::::::::::::~:::::::';:]::::~:~:\: IS (ft::t::::t:\Ntlit:r?{;( ACM ,;:::?t??\f\:::::t:;::,;:;,::rr:)): Other Costs: N/A Total Commission Action: o Approved o Approved w/Conditiona o Denied o Continued to: Current Fiscal Year Funding Source: o Capital Improvement: ~h." ope'.1I".11'!~I:II!\'ilf:i'f!:tlii! Attachments: :::::ca.~N~%~:(:::c.~#~:::pad'~)iH:f?: ~~~~ o Not Required Affected Parties: o Notified .:.:.;.:;,:;....;:.U;::::::::::0:0~:r::~:~j:i:j:~~:t:~::,:0:~:8:0::::::r::::::t:::::::::::::::::::e::::;;:: Submitted by: o None City Mllnllger o Not Required A V Printed on recycled paper . . '.. ,,~ . f .', . ". ' FROM ; 22 ! TEL: 4626426 ~1A','. 28. 1996 12: 52 Pt-l P 2 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO TRAFFIC AND MOTOR VEHICLES, AMENDING SECTIONS 30.041 AND 30.043, CODE OF ORDINANCES, TO ALLOW TWO MOTORCYCLES TO PARK IN A SINGLE DESIGNATED PARKING SPACE; PROVIDING AN EFFECTIVE DATE. (a) Angle park;ng. Upon those streets which have been marked or signed for angle parking, motor vehicles shall be parked at the angle to the curb Indicated by such markings or signs. . t)lor~ 1b~n one ~lItQrnob.U~, truck. or van: Qr no mo(e tban two motorcycles, motot scooters. or simiJar motorize~ EaGh E:pase ~A311 be limited ta no more tlla" ORe motor vehicle per perking 6paoe. Sec. 30.043. Placemsnt of motor vehicle In parking space. ! Any motor vehicle parking in any parking space in any publicly owned or I operated parking lot or publicly owned parking garage shall be positioned with I the front end of such vehicle facing into the parking space and the rear of such " vehicle facing outward and at all times shall be parked within the lines marked on II" the pavement or ground for such parking space 80 8S not to occupy more than a single parking space. Each marked Sj)a~ sba1Lb~ Ijrnito,d to no more than one I automoblte. truck. or van; or no more ~hDn two mptor(Q'Q.les. motor scooters. or iaGh 81)899 6hall be limited to no mor-e than one motor \'ehlola par parking SPOOOi BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: ~ Sections 30.041 and 30.043, Code of Ordinances. are amended in part to read as follows: Sec. 30.041. Street and alleys. (1) Generally. It shall be untawful for any person to stand or park a motor vehicle in a street other than paralleJ with the edge of the street headed in the direction of traffic. and with the curbside wheels of the vehicle within 120 Inches of the edge of the street, except as follows: OrdInance No. 604g.Qa ,~<r'~;', ,'" " FROM ,: 22 TEL: 4626426 I'1AY.28.1996 12:53 PM P 3 " " ; ~:, " ., s.e.ction.2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING I I I PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Attest: I I John Carassas Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 6049..96 ':' "I l~1 ",',' '".,', ',' ,J,', ":;:~~;';:' ',\, ' , ',.' " Cfld- Clearwater City Commission Agenda Cover Memorandum Item ." Meeting Date: ~ .~ ,'fe;' SUBJECT: Education Facilities Siting Act - Local Approach RECOM M EN DA TION/MOTI 0 N: Receive staff report on local efforts to implement the Education Facilities Act and provide direction to staff regarding desired public hearing option. [] and that the appropriate officials be authorized to execute same. SUMMARY: ~ In 1995, state legislation was adopted that provides clarification regarding local control over public educational facilities and requires local governments to identify a wider range (typically) of land use plan categories appropriate for the location of public educational facilities. ~ In Pinellas County, a countywide approach to these issues has been taken. Staff members from several local governments and the Pinellas Planning Council (PPC) have worked with School Board staff to develop the approach described in the attached PPC agenda item. ~ The main features of this approach are: (1) Allowing public educational facilities in residential land use plan categories (currently, the City allows these facilities only in the Institutional category); (2) Establishing siting standards for educational facilities and requiring local development standards to be met; and (3) Setting forth two possible public review procedures to be adopted at the option of local governments. ~ This last feature is likely the more controversial of the approach. Under one option, the School Board would hold the requisite public hearing after explicit findings by the local government that the siting was consistent with the local comprehensive plan, while under the other option, the local government would hold the hearing. Advantages and disadvantages of the School Board holding the hearing are discussed on the following page. $ Current Fiscal Yr. C~ission Action: o Approved [J Approved w/conditions o Denied o Continued to: Revi ewed by: Legal Budget Purchasing Risk "gmt. CIS ACM J-D~ N/A N/A N/A N/A ~fL,. Originating Dept: CENTRAL PERMITTING Costs: S MIA Total User Dept: Advertised: Date: Paper: I!lJ Not Requi red Affected Parties o Notified DlI Not Requl red FWlding Source: o Capital I"". o Operating o Other Attact.ents: PPC INFORMATION StDi tted by: cl ty Manager o None Appropriation Code: ~ Printed on recycled paper Educational Facilities Page 2 SCHOOL BOARD HOLDS PUBLIC HEARING ON SCHOOL SITING Advantages: ~ The School Board is more directly accountable. ~ There is an unambiguous local role; local procedures must be followed or School Board decisions can be overturned. ~ Local decision-makers are not automatically placed in a "support the objecting residents vs. support a valued institution" quandary for controversial projects. Disadvantage: ~ Local control over land use decisions is reduced since the School Board has the final decision. Staff seeks direction from the Commission as to which review process is favored. CURRENT PROCEDURES: Under the City's current interlocal agreement with the PinelJas County School Board, the following procedures are followed in the development of educational facilities: ~ Site design, signage and other development of educational facilities in Clearwater are transmitted to City staff by the School Board. Staff reviews the proposed development and offers recommendations for compliance with City code requirements. ~ If agreement cannot be reached at the staff level, the City Manager and School Board Superintendent are to meet to see if the issues can be resolved. ~ If agreement cannot be reached at the management level, the City Commission and School Board are to meet jointly to resolve the issues. The proposed countywide approach has several advantages over our current procedures. First, there would be no doubt that City site development regulations would apply to School Board properties. Second, a more formalized, less ad hoc review process would be established. FUTURE ACTION: Staff will include the countywide approach, including the desired public hearing process, in its upcoming Comprehensive Plan amendments. ~ PINELLAS PLANNING COUNCIL ~ 1DAIE:. April I 7, 1996 I AGENDA ITEM~ IV.C.l&2 SUBJECT: Educational Facilities Siting Act. E . Council Review and Endorse Proposed Process and Authorize a Public Hearing for Amendments to the Ru1es. IiACKGROUND: Staff from the PPC, Pinellas County School Board, Pinellas County Planning Department, and Pinellas Park Zoning Division have worked with staff from several other local govenunents to develop uniform procedures that respond to the 1995 amendments to Chapters 235 and 163 Florida Statutes (House Bill 1797). The amendments concern the coordination of the location of new or expanded public schools with local government comprehensive plans. The amended legislation requires that local governments identify categories, proximate to residential uses, within their Future Land Use Element in which public schools are an allowable use. It also sets procedures and time frames for the coordination of school sites with local govenunent comprehensive plans, clarifies what type of review is' necessary, and requires this review' to be completed earlier in the approval process. Additionally, the legislation requires that the general location of public educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body. The proposed new site or additional property must be reviewed for consistency with the local comprehensive plan, including reviewing the proposed site for compatibility with adjacent present and projected uses of property. If the site is consistent with the comprehensive plan's Future Land Use Element policies and categories in which public schools are identified as allowable uses, the local government may not deny the application~ but it may impose reasonable development standards and conditions. fI.t:lELLAS e.LANNJ~G COUNCIL ACTJQNl COUNTYWIDE ~ING AUIHORITY ACTJQN;, 1:\U5ERS\WPDOCS\lC\WORDPERF\SCHOOLS\PPCAGNME .PPC . ' . ~ J., ," " . . . ~ .. - ~ - -.. PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM PAGE 2 I ~ Educational Facilities Siting Act l PROPOSED COVNlYWIDE PROCESS - O'fERV1EW: The process proposed for adoption by local govenunent is outlined below: I. Local Governments with Potential School Sites 1. Adoption of Criteria in Comprehensive Plan for Review of Proposed Schools 2. Selection of Process for Reviewing Proposed Schools Option A - School Board Conducts Hearing Option B - Local Govenunent Conducts Hearing 3. Adoption of lnterlocal Agreement with School Board II. Local Governments without Potential School Sites - Adoption of lnterlocal Agreement with School Board (as described below). The criteria attached to this report were developed for use and adoption by local governments to meet the requirements of ~e amended legislation. The policies provide standards and criteria for the review of proposed sites for compatibil~ty with present and projected uses of property adjacent to the proposed site, for review to ensure that adequate public facilities are or will be available to service the proposed school, and other items such as the protection of archaeological or historic sites. The flow chart attached to this report is the process intended to be used for review of proposed school sites. It was developed to be Inore efficient than what is outlined in HB 1797 and it is more responsive to the School Board and local government needs. The process offered in HB 1797 is completed in 135 days while the proposed process takes only 60 days to complete. Also, this process provides for a hearing which allows input by the public as well as School Board and local government staff. A local govenunent chooses either option A and B, both resulting in a final determination' of consistency .with the local government comprehensive plan. The difference between the two options is in which board holds the review hearing, the School Board (Option A) or the local government (Option B). The final determination of consistency is completed by local government in either option. School Board staff will be identifying those smaller local govenunent jurisdictions that do not have potential schools sites identified within the "Pinellas School District School Plant SUIVey." Those local governments can sign an interlocal agreement with the School Board stating that they will amend their comprehensive plan to include the countywide process discussed in this report within one year of the identification of a potential school siting, as shown in the Plant Survey. This would eliminate the need for the smaller cOIrununities to amend their comprehensive plan at this time. 1:\USERS\WPOOCS\IC\WOROPERF\SCHOOlS\PP.:AONME.PPC A-GENDA MEMORANDUM PINELLAS PLANNING COUNCIL PAGE 3 I SUBJECt:. Educational Facilities Siting Act 'pROPOSED RULE AMENDMENTS: The PPC Rules will require changes to respond to the local government comprehensive plan amendments adopting the process discussed previously. These amendments will allow each of the local government comprehensive plans to remain consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan (the Rules). The items that should be considered for Rule amendments include: . Define Public Educational Facility (Public Schools); . Add Public Educational facility as a secondary use in the residential and mixed use plan categories listed below; . Remove the 3 acre threshold for public schools in each of the land use categories listed below (schools are currently included as Public/Semi-Public uses); . Any required change to the non-residential impact characteristics for traffic generation rates; . Add Educational Facilities Siting review criteria to the "Special Rules" section of the Rules. The Countywide Future Land Use Plan categories that are considered for the amendment to "allow" schools are as follows: . Residential Rural . Residential Estate . Residential Suburban . Residential Low . Residential Urban . Residential Low Medium . Residential Medium . Residential High . Residential Very High . ResidentiaL/Office Limited . ResidentiaL/Office General Staff recommends the Council endorse the proposed process and policies as the means by which local government complies with the requirements of Ch 235 and 163; and further recommends the Council authorize the staff to prepare amendments to the Rules for consideration at public hearing by the Council at its Ma meetin . I:\USER5\WPOOCS\IC\WOROPERF\SCHOOlS\PPCAGNME.PPC DRAFT(3/04/96) SUGGESTED CHANGES TO THE FUTURE LAND USE ELEMENT OF LOCAL COMPREHENSIVE PLANS TO IMPLEMENT H.B. 1797 Objective 1.: The local government shall support efforts that facilitate coordination of planning between the local government and the School Board for the location and development of public educational facilities. Policy 1.1.: Public educational facilities are defined as elementary schools, special education facilitie~, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pinellas County School District. Policy 1.2.: Public educational facilities of the School Board are an allowable use within the following future land use categories: Residential Rural Residential Estate Residential Suburban Residential Low Residential Urban Residential Low Medium Residential Medium Residential High Residential Very High Residential/Office General Residential/Office Limited Policy 1.3.: The location arid construction of new public educational facilities, or the expansion of an existing site, within one of the future land use categories listed in, .Policy 1.2. shall only be allowed upon a determination by the local government that the proposed site is consistent with the local government comprehensive plan. Policy 1.4.: In addition to consistency with the local government comprehensive plan, the proposed location of a new or expanded public educational facility of the School Board within one of the land use categories listed in Policy 1.2. shall be reviewed and considered with the following general criteria: 1. The proposed location is compatible with present and proj ected uses of adj acent property. [s. 235.19 (2) (a) ] 2. The site area of the proposed location is adequate for its intended use based on the State Requirements for Educational Facilities and provides sufficient area co accommodate all needed utilities and support facilities and allow for adequate buffering of surrounding land uses. 3. Based on the 5-year Capital Improvement Program of the School Board and the local government comprehensive plan, there will be adequate public s.ervices and facilities to support the public school. [s.235.193(2)] 4. There are no significant environmental constraints that would preclude development of a public education facility on the site. 5. There will be no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated by a local government as locally significant historic or archaeological resources. 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the County's Stormwater Management Plan and the local government's adopted watershed management pla~, if applicable. 8. The proposed location is not in a velocity flood zone or a floodway. 9. The proposed location can accommodate the required parking and anticipated queing of vehicles onsite. 10. The proposed location lies outside the area regulated by section 3.33.03(3), F.S., regarding the construction of public educational f~cilities in the vicinity of an airport. Pol icy 1. 5 . : The following criteria shall also be used to evaluate whether proposed locations of ~pecific types of schools are consistent with the local government's comprehensive plan: Elementary Facililties, Facilities Schools, Special and Alternative Education Education 1. The proposed location shall have direct access t9 at least a minor collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. Middle Schools 1. The proposed location shall have direct access to at least a minor collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Hiqh Schools 1. The proposed location shall have direct access to at least a major collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Stadiums, outdoor recreational facilities, and similar suppo~t facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Vocational-Technical Schools 1. The proposed loca,tion shall have direct access to at least a major collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Policy 1.6.: Proposed locat ions that are less than the standard site acreage as prescribed in the Florida Department of Education State Requirements of Educational Facilities may be determined to be consistent wi th the local jurisdiction's comprehensive plan provided the requirements of s. 235.19 (3), F. S., are met and off-site impacts can be adequately mitigated. Policy 1.7.: A consistency determination for a proposed new site or additional property with the local comprehensive plan may be conditioned with reference to specific types of public educational facilitie~. Policy 1.8.: At the time of consistency determination, a local government may impose reasonable conditions for development of the site as it relates to any of the criteria in Policies 1.4. and 1.5. Conditions may not be imposed which conflict with those established in Chapter 235 or the State Uniform Building Code, unless mutually agreed. [so 23S.193(6)] Po 1 icy 1. 9 . : Before a significant change of program at a public educational facility is implemented, the School Board and the local government shall require a review of the facility's onsite and offsite impacts. The School Board and the local government will work coop- eratively to mitigate onsite and offsite impacts, including impacts to. public facilities, identified through the review. The. local government and the School Board shall annually coordinate in the development of their respective capital improvement programs. Po 1 icy 1. 10. : Policy 1.11.: The policies in Objective I'above are assumed to be consistent with, and do not nullify or conflict with, the provisions in Chapter 235, F.S. ~l as!~~t ~XJ C - (/) ~'" hUm i[ co . o CD a.~ -C) 'E :;~ iZ - B i a.-J ~O'5~~u; 2 ~ ~ i ~ ~ ~ t9 CD .~ E a..u:.C'-Q) =u fne u; a.. CD ~ 8:'V5 5 !illl~~EiF ~d fn_ .2. 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CJ~o.~ e_ 9 ~ o.~ 0 as ...J... as L. ca ns CJ CD CD (I) X cu J: co - "C "0 <tS C'n It) as ~ t/) 10 .~ 0 '0 .... ~ co .- eD "C .- (1) .9 - 'Eo~ 'Eo~ 0 - eD- 0 CD- :r: 'OL- J: '0.... ~ a..g 0. o..g 0. m _0.01 " _0.0) 0) o C:'~ o c.5 CJ) .J (!).Q ~ \0 C (!) .Q co ~ .- . -JY~ -JY~ ....- fn ... ~ .- II( m (I) _ .... Cf) <1>-0 JgCDO ~Q) , C .- CI) 01 C .- CI) 0) N - 'OCDC '0 Q)'E 0 0 .t:::: 'C 0 c.~ .0 0 - c: CI)'- CI)'- ~ .., m :3 e- m :J ui .J:: en 8" ...., (/) 8" - g 0 co co .c en u en ocA 1- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REQUIRING LOBBYISTS TO REGISTER; PROVIDING FOR ANNUAL REPORTING OF EXPENDITURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission finds that the operation of responsible government requires that the fullest opportunity be afforded to people to petition their government for the redress of grievances and to freely express to their public officials their opinions on actions and issues before the City; and WHEREAS, the City Commission finds that to preserve and maintain the integrity of the decision-making process, it is necessary that the identity, activities and expenditures of certain persons who engage in efforts to influence commission members, board members and certain city staff on matters within their official cognizance, be publicly and regularly disclosed; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ~ The Code of Ordinances of the City of Clearwater, is hereby amended by adding an article to Chapter 2, to be numbered Article VIII, which article reads as follows: ARTICLE VIII. REGISTRATION OF LOBBYISTS Sec. 2.700. Definitions. Boards mean all boards, both advisory and regulatory, established by ordinance of the City of Clearwater. Commissioners mean the Mayor and members of the City Commission. Compensation means any payment received or to be received by a lobbyist for the performance of lobbying activities whether the compensation is as a fee, salary; retainer, forbearance, forgiveness or other form of valuable recompense cr any combination thereof. Expenditure means an advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge or subscription of anything of value, and any contract, promise or other obligation whether or not legally enforceable, to make an expenditure. Ordinance No. 6002-96 Government employee means all agents of the government, whether elected or appointed, paid or unpaid, hired or under contract as a consultant or as an attorney who are acting on behalf of the United States, the State of Florida, its agencies, political subdivisions, special districts and municipalities. Lobbying means communicating, orally or in writing, with a member of the Commission, a board or staff, for the purpose of attempting to influence action or inaction of any commissioner, any board member or staff member; or, for the purpose of encouraging the passage, defeat or modification of any proposal or recommendation. Lobbyist means any person who receives compensation to act on behalf of an individl:lal, firm, association, business or organization to lobby. A lobbyist specifically includes the principal as well as any agent, attorney, officer or employee of the principal regardless of whether such lobbying activity falls in the normal scope of the employment of such agent, attorney, officer or employee. Principal means any person providing compensation to a lobbyist in consideration of his performance of lobbying activities regardless of the technical or legal form of the relationship between the principal and the lobbyist. Staff means the City Manager, the Deputy City Manager, the Assistant City Manager, the City Attorney and all department heads. In addition, staff shall mean any consultants, other than attorneys, hired by the City. Sec. 2.701. Registration. (a) All lobbyists shall register with the City Clerk before engaging in any lobbying activities. Every person required to register shall register on forms provided by the Clerk and state under oath: (1) His or her name and business address, (2) The name and business address of each person or entity that has employed said the lobbyist to lobby, (3) the chief officer, partners or beneficiaries of the corporation, partnership or trust, which has employed the lobbyist to lobby, (3) The persons sought to be lobbied, and (4) The specific issue on which he or she has been employed to lobby. (b) A separate registration shall be required for each specific issue. 2 Ordinance No. 6002-96 (c) Any change to any Information originally filed shall require that the lobbyist file an amendment to the registration form. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period in which the lobbying occurs. Sec. 2.703. Statement of lobbying expenditures. On April 1 , 1997, and on April 1 of each year thereafter, the lobbyist shall submit to the City Clerk a signed statement under oath listing all lobbying expenditures for the preceding year, the sources of the funds and an itemization as to the amount expended for each Commissioner, board member and staff member. A statement shall be filed even if there was no expenditure during a reporting period. Sec. 2.704. Reporting by Clerk. The Clerk shall publish a log quarterly and annually reflecting the lobbyist registrations that have been filed in accordance with this article. The Clerk shall publish a report annually reflecting the lobbyist expenditures that have been filed in accordance with this article. Sec. 2.705. Exemptions. (A) The following persons shall not be required to register: (1) A government employee acting in his official capacity or in connection with his job responsibilities or as authorized or pennitted to lobby pursuant to collective bargaining agreement. (2) A person who appears at the specific request or under compulsion of the Commission, board or staff member, (3) Expert witnesses or other persons who give testimony about a particular matter or measure but do not advocate passage or defeat the matter or measure or any amendment thereto. (4) Any person who appears at a public hearing or administrative proceeding or quasi-judicial proceeding before the City Commission, any 3 Ordinance No. 6002-96 board or staff member and has no other communication on the matter or subject of the public hearing, administrative hearing or quasi-judicial proceeding. (5) Any person in contractual privity with the City who appears only in his or her official capacity. (B) This Article shall not apply to discussions or negotiations on matters in litigation. Sec. 2.706. Violations. I $ ~ , $ \ 2 , . i ~ } (a) A first violation of the provisions of this Article shall result in the issuance of a warning by the City Attorney's Office. The penalties for subsequent violations are as provided in Section 1.12 of the Code of Ordinances of the City of Clearwater. (b) The validity of any action or determination of the Commission, board or staff shall not be affected by the failure of any person to comply with the provisions of this article. ~ This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING March 7, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED March 21, 1996 Rita Garvey, Mayor-Co Approved as to form and legal sufficiency: Attest: 11 f .~ Pamela K. Akin, City Attorney ia E. Goudeau, City Cierk 4 Ordinance No. 6002-96 c~:c. ~ MEMORANDUM TO: Mayor and Commissioners llIROUGH: Elizabeth Deptula, City Manager FROM: Commi<siODerKmnSecl 1)Q.A.U'\ ~ COPIES: Kathy S. Rice, Dep1ty City Manager William C. Baker. Assistant City Ma~ger ODB Members - Elise Winters, David Stone, Buzz David, Roger Woodruff, Dwight Matheny Judi Hackett, DDB Consultant SUBJECf: Economic Development Commitfeie .. DATE: May 13, 1996 \ . , . i ;( I I f I I I I I I , i i I 1 I I , I j I ! ! I ! Since the commission has stated that economic development will continue as a top priority of the City of CleaIWater, I respectfulJy request that the City Commis.cdon appoint an economic development committee. This committee. as psoposed, would consist of ci~ businesses and staff. It could assist in providing an information base. a coordinated approach - city wide, and a valuable resource. Some current objectives could include: .Financial goals- ad valorem taxes. jobs created, development dollars generated .EApectationslOutcomes .Market goals - commercial rentals. business creation, infrastructure. business retention .City wide anaJysisIapproacb - identify strengths and weaknesses .F.conomic development goals and areas of particular need .Considerationlresearch of CRAlDDB merger · Assist in meeting potential candidates Some future objectives could include: .Business Retention .Leads generation .Events .~ ~ntactsllocal community leaders · At:J:;ess to capital and financing · Assistanco'SUggestiODS for economic development incentives .lmmediate knowledge and history of the local marla:t · Assist in maximizing doUarslbenefitslcoordination .Qain community buy-in Potential members for Economic Development Committee .City management .DDB .DCA .Local businesses - S appointees by City Commission .Clearwater Neighborhood Housing Services .Tampa Bay Partnership .CCHA .Chamber of Commerce - Clearwater and Clearwater Beach .City staff: Directors of Economic Development, Tourism. Central Permitting, Engineering, Legal ;l........r.. . BEACH ADVISORY COMMllTEE c 1) =c d-- MEMBERS: -Clearwater Chamber President -Beach Chamber President -Beach Association President -City staff: Directors of Central Permitting, Engineering, Economic Development, Tourism - As needed. Directors of Padcs and Recreation and Police Chief -S members as appointed by the City Commission NEED DUE 10 MANY SINGLE ISSUES CURREN1L Y BEING RESEARCHED WITH EACH ISSUES AFFECI1NG mE OVERALL BEAClI F1.J11JRE. -East Shore Redevelopment Plans -Cleanvater' Beach redevelopment -Infrastructure needs .-rourism -Bridge -Parldng and Parking GaIage -Youth needs -Memorial Civic Center -Beach LibraIy .Police substation -Others , i I , I I I ! I 1 , I "".:: -t<ML~~ ) '-~" TO: Office or the Mayor City Commissioners fIt:) Mayor Rita Garvey 1\ ~ Betty Deptula, City Manager FROM: COPIES: RECEIVED MAY :~O 1996 CITY CLERK DEPT. ' SUBJECT: DATE: Nagano, Japan May 13, 1996 ...***.*.**.**.****.*********.......*.************.****.**** I would like to request the authorization of travel expenses to our Sister City - Nagano, Japan in October 1996. The trip is two..fold. The first is to continue our Sister City reactions by visiting Nagano and saying hello to the many friends that we have because of the many exchanges. My last trip was in 1989. Since then, Mayor Tsukada has been here twice, in 1991 and in 1994. But, almost more important, is that we are planning for a Clearwater Hospitality Center in Nagano during the Olympics. A small group of us who have been homestays for many years started talking and planning over two years ago. When Mayor Tsukada was in Clearwater in 1994, we had the opportunity to discuss this with him and the Nagano city Council President and they gave us their enthusiastic support. Since his visit we have been having more discussions, expanded the number of people involved and are working out ideas and details for the Center. My husband and I are planning on going to Nagano in October to bring the details to Mayor Tsukada and to see the location that he has designated for the Center. With this trip, we hope to bring back pictures for the Committee to see, Le., location, space size, etc., to help in the next phase of planning. When we checked in April the airfare was around $1,500. We have no idea what hotel and travel expenses in Japan will be, but estimate from $1,000 to $1,500. The request is for authorization of up to $3,000. (This does not include gifts for the Mayor and our Japanese hosts which will be necessary.) But, as a good steward of the public's dollars, I doubt I will use that much. RG/cb