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Development Agreement - 2022 - Willow Run Senior Living - 10/4/2022 ADA COUNTY RECORDER Phil McGrane 2022-086434 BOISEIDAHO Pgs=ll ANGIE STEELE 10/14/2022 11:11 AM Recording Requested By and CITY OF EAGLE, IDAHO NO FEE N"ien Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 -------------------------------------- For Recording Purposes Do Not'"bite Above `his Line DEVELOPNIMNT AGREEMENT This Development Agreement, made and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and INTERMOUNTAIN PACIFIC, LLC ("Owner -RECITALS HER AS, the Owner is the owner of record of certain real estate located at 6910 and 6940 North Linder Road, eagle, Idaho, t'Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ- 02-20; and WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-Urban Transition—Ada County designation); and WHEREAS. the Owner desires a R-4-DA (Residential with a development agreement) zoning classification to develop a Nursing/Convalescent Howie (includes senior assisted living facility) ("Senior Living Facility")on the above described property,which is herein referred to as the"Property"; and WHEREAS, the Planning and Zoning Conirnission and the City Council of Eagle have determined that the scope of any Senior Living Facility upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the. existing community; and 'WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing corrinumity and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code;and WHEREAS. the Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the property and has consented to a R-4-DA (Resideiitialwitl-iadevelopment agreement) zoning designation for the Property with. the reqpirements set forth in this Development Agreement;and WHEREAS, the ONvaer has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-I(C)(1) and be bound by same;and Page I of 8 K:Tlinnmg, Tagk, &R-702-20 Willow Run da a ffil ver.CW, Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor,and INTERMOUNTAIN PACIFIC,LLC("Owner"). RECITALS WHEREAS, the Owner is the owner of record of certain real estate located at 6910 and 6940 North Linder Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ- 02-20; and WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-Urban Transition—Ada County designation); and C� WHEREAS, the Owner desires a R.-4-IAA (Residential with a development agreement) zoning classification to develop a Nursing/Convalescent Home (includes senior assisted living facility) ("Senior Living Facility")on the above described property,which is herein referred to as the"Property"; and 11 Zoning WHEREAS, the Planning and. Commission and the City Council of Eagle have determined that the scope of any Senior Living Facility upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Owners use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code;and WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a R-4-DA (Residential with a development agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same;and Page I of 8 KAPlanning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and AGRIEEMENT In consideration of the mutual covenants contained herein,the parties agreed as follows: ARTICLE I LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511 A and Eagle City Code,Title 8, Chapter 10. ARTICLE 11 ZONING ORDINANCE AMENDMENT Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the R-4-DA(Residential with a development agreement),after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, the Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided with this Agreement. 3.2 The Concept Plan (Exhibit Q represents the Owner's current concept for completion of the project. As the Concept Plan evolves,the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The Senior Living Facility is the only approved use for the site. Any change of use will require a modification to this agreement prior to change of use. 3.4 The Senior Living Facility shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book(EASD Book). Architecture styles and building design elements that are not shown within the EASD Book will not be permitted. 3.5 Owner shall submit a Design Review application for the site(as required by Eagle City Code)and shall comply with all conditions required by the City of Eagle as a part of the Design Review approval prior to issuance of a zoning certificate. 3.6 The proposed building height shall not exceed 5 1-feet in height. All ground and roof mounted units shall be fully visually obscured,visual buffer, in a manner that is architecturally compatible. In addition, all A/C units or other noise generating units on the exterior of the building shall not exceed 75 db on average from source and have a noise buffer, stone wall, in excess of 2 feet higher than the unit height and is also architecturally compatible with the building. In addition, Page 2 of 8 K:\Planning DeptTagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc the storm water retention located east of the facility shall incorporate evergreen trees in excess of 20 feet at full height for both visual and acoustic buffer for adjacent residents. 3.7 Owner shall construct a minimum six foot{6')wide detached sidewalk along North Linder Road. The sidewalk should be constructed prior to issuance of a certificate of occupancy for any building located on the Property. 3.8 Owner shall provide a lot line adjustment application to combine the two (2)parcels into a single parcel. The lot line adjustment application shall be reviewed and approved prior to the Zoning Administrator signing the record of survey. Upon the Zoning Administrator's signature of the lot line adjustment record of survey, Owner shall provide a recorded copy of the record of survey prior to issuance of a zoning certificate. 3.9 Owner shall be required to provide correspondence from the Eagle Sewer District indicating the District has capacity to provide sewer service for the senior living facility prior to submittal of a design review application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the issuance of any building permits. A letter of approval shall be provided to the City from the Eagle Sewer District,prior to issuance of any building permits. 3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands. In the event development is proposed within the regulated wetlands Owner shall provide documentation of an approved 404-Permit for any work within any wetlands on site prior to the City issuing a zoning certificate for the property. 3.11 Owner shall provide plans showing outdoor lighting details. The outdoor lighting plan shall show how the lights will facilitate the "Dark Sky" concept of lighting. The outdoor lighting plan shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a zoning certificate. 3.12 Owner shall have the duty to maintain and operate all of the common landscape areas in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. 3.13 All parking associated with the Senior Living Facility shall only be allowed in the designated parking areas located onsite. 3.14 Owner shall comply with all requirements of the Ada County Highway District, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the Ada County Highway District shall be submitted to the City prior to issuance of a Certificate of Occupancy. 3.15 The Property is located within the Meridian Rural Fire District. Owner shall comply with all requirements of the Meridian Rural Fire District. One set of building plans shall be submitted to the Meridian Rural Fire District for review and approval. An approval letter from the Meridian Rural Fire District shall be submitted to the City prior to issuance of any building permits. Page 3 of 8 K:\Planning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE V DEFAULT 5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being in process in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1,use of the property shall be limited to those uses allowed within an A-R (Agricultural-Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A-R(Agricultural-Residential)zoning designation. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent,be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s) (or other appropriate party)and Eagle. ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. Page 4 of 8 K-\Planning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Le2al Rqpresentation. Both the Owner and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; Eagle.- City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owner: Intermountain Pacific,LLC Attn: Aaron Elton 2541 East Gala Street, Suite 310 Meridian, Idaho 83642 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 8.6 Financial A'ssu'rance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees,together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or,if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such Page 5 of 8 K.-Tianning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc fees when actually incurred by Eagle and invoiced, then following thirty(30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance(whether it be in the form of a cash deposit or a letter of credit), the Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owner falls to comply with the terms and conditions hereof in any material respect,,the City may,without further notice to Owner, exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project, E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately,at the sole discretion of the City. 8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.9 Authority to Enter,Intl,-A.gree-Ment: By the execution and delivery of this Agreement by the parties, and the performance of their covenants and obligations therein,the parties acknowledge such action has been duly authorized by all necessary corporate (or LLCM action, and necessary corporate (or LLQ resolution(s) have been executed for the undersigned representatives to sign this Agreement and so bind their respective parties. 8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate 5-years after the Effective Date. Page 6 of 8 K.\Planning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc ffil ver.doc IN WITNESS WHEREOF,the parties have executed this Development Agreement. DATED this 0Z 222.day of o CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho Byjias on erce,, Mayor A 41, EST; e4p --_% 4 racyJE. sborn,, City C ler to Ak STATE OF IDAHO ss. County of Ada in 1 On this day of , in the year '%' -,before nee,the undersigned, a Notary Public in and for said State,personally appeared JASON PIERCE,known to:me to be the MAYOR of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to nee that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. 4A E4V, ** !No rPutb I i c C S'E'tv W* 01 #* C) -0 �A Residing at: ,'", ► '` ` ` ;' '' My Commission Expires; of Page 7 of 8 K:\Planning DeptTagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc OWNER: INTERMOUNTAIN PACIFIC,LLC An Idaho limited liability company By: Aaron Elton, Manager STATE OF IDAHO :ss. County of Ada On this iptItnday of 2022, before the undersigned notary public in and for the said state, personally appeared AARON ELTON, known or identified to me to be the Manager of Intermountain Pacific,, LLC, the owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. — 'olft " 00-- oft CHEL YNE - 00 do Notary Public for Idaho RA PA COMM NO.69M Residing at: NAttsaV%o, %-v> NOTARY PUBLIC STATE OF IDAHO My Commission Expires. MY COMMISSION EXPIRES:DEC.22,2022 Page 8 of 8 K:\Planning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da cc fnl ver.doc Exhibit "A" fag E3 T*O 9NCW*P&&%FILED Project No: 190609 CITY OF EAGLE Date- February 6, 2020 FEB I Z 2020 Page 1 of 1 D Re.ESCRIPTION OF LAND *111111111111 1 Ada County Parcels S0424325656 and S0424325802 Route to:, A parcel of land being all of Ada County Parcels S0424325656 and S0424325802 and the easterly right-of- way of North Linder Road, adjacent thereof,located in the NW of the SW1/4 of Section 24,Township 4 North., Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said NW1/4 of the SWI/4(unrest one-quarter corner of said Section 24),from which the southwest corner of said Section 24 bears S.00*47'16"W., 2647.08 feet; thence, along the westerly boundary of said NW1/4 of the SW1/4, A) S.004347116-1-*W.,459.15 feet to the prolongation of the southerly boundary of Gated Garden Subdivision Phase 1, recorded in Book 112 of Plats at Pages 16322-16326,records of Ada County, Idaho,-1 thence along said prolongation and said southerly boundary,the following courses- 9 1) S-89000150"E.,86.82 feet to the beginninia of a tangent curve,-thence, 2) Easterly along said curve to the right, having a radius of 100.00 feet, an arc length of 35.57 feet.,through a central angle of 20*2248"and a long chord which bears S.79000'49"E.,35.38 feet;thence,tangent from said curve, 3) S-68*50'08"E.,531.13 feet to the westerly boundary of said Gated Garden Subdivision Phase 1;thence, leaving said southerly boundary,along said westerly boundary, 4) S-00*51'55"W., 669.63 feet to the southwestern-most corner of said Gated Garden Subdivision Phase 1 and the northerly boundary of Lazy P Subdivision, recorded in Book 103 of Plats at Pages 13931-13933, records of Ada County, Idaho;thence along said boundary, 5) N-89032"27"W.,618.64 feet to the westerly boundary of said NW1/4 of the SWI/4;thence, along said boundary, 6) N.00*47116"E., 864.67 feet to the POINT OF BEGINNING. 0000 N CONTAINING: 11.131 acres, more or less. SUBJECT TO,*all Record Documents. a: 13765 This description is for the purposes of Annexation and Rezoning only 'Of and is not to be used for the conveyance or transfer of title. 01W 332 N Uroadmore Way Nampa,ID 83687 Phone(208)4Q.63oo rax(208)466-0944 tsifo@to-engineers.com AvWion I Transportation I Land Development municipal I water Resources I Surveying I Landscape Architecture EXHIBIT"B" 10NO'd Affidavit of AARON ELTON on behalf of Intermountain Pacific,LLC(an Idaho limited liability company) AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) :ss. County of Ada AARON ELTON,who being first duly sworn under oath,deposes and says: 1. 1 am AARON ELTON, who is the Manager of Intermountain Pacific, LLC, whose mailing address is 2451 Gala Street, Suite 310, Street, Meridian, Idaho 83642 ("Intermountain Pacific,LLC"). 2. Intermountain Pacific, LLC is the fee simple owner of the parcel of real property described on Exhibit A.attached hereto(the"Property"). 3. Intermountain Pacific, LLC, authorize the submission of the Property to certain Development Agreement dated the Z'T" day of , 2022 pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1,by and between the City of Eagle, a municipal corporation in the State of Idaho, and Aaron Elton, Intermountain Pacific, LLC (the"Agreement"). DATED this '*a&"ay of 5 2022. By: INTERMOUNTAIN PACIFIC,LLC an Idaho limited liability company By: Aaron Elton,Manager SUBSCRIBED AND SWORN to before me this day of 46eV*,*�,2022. go a oft ft ^ oft " ANN w9f RACHELPAYNE COMM NO.69M Notary Public for Idaho NOTARY PUBLIC Residing at Idaho STATE OF IDAHO MY COMMISSION EXPIRES:DEC.22,2022 My Commission expires Page I of I K:\Planning Depffagle Applications\RZ&A\2020\A-02-20&RZ-02-20 Willow Run da affidavit.doc a AiNnoo dae OHYGI'31!DV3 eLumo �I�,:a� AiiNnv4vyoo 1NNYWAH Nils mm11N1 of ess to seam&st� � �� � o � . *mBu o Nt/ld lIS 0 0 c- r W r w oil j a T I ua 1 004 0 Lo� U u}U, gOZ wo Ur *cc£c°�a$ a..- ( 1 l ' I J CD 1 1 1 cr fl cr c� Z I j j p• �� -t3 F +eta_ '09 3AIH®N30b NIV 0, -1- ,09 i 1 I � a n N II u III I � � N 11111,11 C)3sO 08d 1 I I I 1 1 1 I � s 0 I r a w ti