HomeMy WebLinkAboutEXHIBITGRANT AGREEMENT
THIS AGREEMENT is entered into as of the day of , 20_ by and between
the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of
the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida
Statutes, the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section
163.356, Florida Statutes (individually and collectively "CRA"), and the CITY OF MIAMI, FLORIDA,
a municipal corporation of the State of Florida ("GRANTEE").
RECITALS
A. WHEREAS, the CRA is responsible for carrying out community redevelopment
activities and projects within its Redevelopment Area in accordance with its approved Redevelopment
Plans; and
B. WHEREAS, the improvement of the quality of life for residents and the elimination of
conditions which contribute to blight in the Redevelopment Area are stated redevelopment goals and
objectives; and
C. WHEREAS, in February 2008, the City of Miami Police Department presented to the
CRA Board the "Police Visibility Program," an innovative community policing plan to address issues
related to quality of life within the Redevelopment Area; and
D. WHEREAS, the Police Visibility Program consists of enhanced police services
including increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution
details, and undercover narcotics details; and
E. WHEREAS, the CRA Boards, by Joint Resolution No. CRA -R-08-0024, passed and
adopted on April 28, 2008, authorized the issuance of a grant to the City of Miami for the Police
Visibility Program within the Redevelopment Areas; and
F. WHEREAS, upon further presentation by the Police Department, the CRA Boards, by
- -Joint Resolution No CRA -R-09-0022, passed and adopted on April 27, MO, authorized an additional
grant to the City of Miami for a one-year extension of the Visibility Program; and
G. WHEREAS, the Police Department submitted a request to the CRA for additional
funding to continue and expand the Police Visibility Program to cover areas now included in the recently
expanded CRA boundaries; and
H. WHEREAS, the Board of Commissioners of the Southeast Overtown/Park West
Community Redevelopment Agency of the City of Miami, by Resolution No. CRA -R-10-0047, passed
and adopted on June 28, 2010, authorized the issuance of a grant, in an amount not to exceed Five
Hundred Thousand and No/100 Dollars ($500,000.00), to GRANTEE, to underwrite costs associated with
an expanded police visibility program within the Southeast Overtown/Park West Redevelopment Area
("Project"); and
I. WHEREAS, the Board of Commissioners of the Omni Redevelopment District
Community Redevelopment Agency of the City of Miami, by Resolution No. CRA -R-10-0052, passed
and adopted on June 28, 2010, authorized the issuance of a grant, in an amount not to exceed Five
Hundred Thousand and No/100 Dollars ($500,000.00), to GRANTEE, to underwrite costs associated with
an expanded police visibility program within the Omni Redevelopment Area ("Project"); and
J. WHEREAS, the Miami City Commission. By Resolution No. R-10- , passed
and adopted on , authorized the acceptance of the Grant; and
K. WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the
terms and conditions relating to the use of said Grant;
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained
herein, the parties agree to as follows:
THE GRANT
1. RECITALS. The recitals and all statements contained therein are true and correct and
are hereby incorporated into this Agreement.
2. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's
compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the
GRANTEE the Grant to be used for the purpose and disbursed in the manner hereinafter provided.
3. USE OF GRANT. The Grant shall be used as follows: to underwrite the costs associated
with a Police Visibility Program for the Southeast Overtown/Park West and Omni Redevelopment Areas,
as set forth in Attachment "A" ("Program Description").
4. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands
that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting
guidelines and other requirements affecting the activities funded by the Grant. GRANTEE covenants and
- -agrees to comply, and represents andwarrantsto the CRA that the Grant shall be used in accordance with
all of the requirements, terms and conditions contained therein as the same may be amended during the
term hereof. Without limiting the generality of the foregoing, GRANTEE represents and warrants that it
will comply and the Grant will be used in accordance with all applicable federal, state and local codes,
laws, rules and regulations.
5. RECORDS AND REPORTS/AUDITS AND EVALUATION.
(a) GRANTEE understands and acknowledges that the CRA must meet certain
record keeping and reporting requirements with regard to the Grant. In order to enable the CRA to
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comply with its record keeping and reporting requirements, GRANTEE agrees to maintain all records as
required by the CRA.
(b) At the CRA's request, and no later than thirty (30) days thereafter, GRANTEE
shall deliver to the CRA such written statements relating to the use of the Grant as the CRA may require.
(c) The CRA shall have the right to conduct audits of GRANTEE's records
pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities.
GRANTEE agrees to cooperate with the CRA in the performance of these activities.
(d) GRANTEE's failure to comply with these requirements or the receipt or
discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate
information shall be grounds for the immediate termination of this Agreement by the CRA.
6. REVERSION. OF ASSETS. Upon the expiration of the term of this Agreement,
GRANTEE shall transfer to the CRA any unused Grant funds on hand at the time of such expiration.
7. REPRESENTATIONS AND WARRANTIES. GRANTEE represents and warrants the
following:
(a) Invoices for all expenditures shall be submitted to the CRA for review.
(b) Funds disbursed under the grant shall be used solely for the Project.
8. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this
Agreement, the CRA shall make available to GRANTEE up to One Million and No/100 Dollars
($1,000,000.00). Payments will be made only after receipt and approval of project specific invoices and
verification of acceptable work product. In no event shall payments to GRANTEE under this Grant
agreement exceed One Million and No/100 Dollars ($1,000,000.00).
9. TERM. The term of this Agreement shall commence on the date first above written and
shall terminate upon the earlier of: i) full disbursement of One Million and No/100 Dollars
($1,000,000.00); or ii) earlier termination as provided for herein; provided, however, that all rights of the
CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and
certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees
and costs shall survive the expiration or earlier terminatio i of this agreement.
10. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its
obligations or covenants hereunder, or materially breaches any of the terms contained herein, then the
CRA shall have the right to take one or more of the following actions:
(a) Withhold cash payments, pending correction of the deficiency by GRANTEE;
(b) Recover payments made to GRANTEE;
(c) Disallow (that is, deny the use of the Grant for) all or part of the cost for the
activity or action not in compliance;
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(d) Withhold further awards for the Project; or
(e) Take such other remedies that may be legally permitted.
11. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and
sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age,
marital status or handicap in connection with its performance under this Agreement. Furthermore,
GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex,
color, religion, national origin, age, marital status or handicap be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any program or activity receiving financial
assistance pursuant to this Agreement.
12. CONFLICT OF INTEREST. GRANTEE has received copies of, and is familiar with,
the following provisions regarding conflict of interest in the performance of this Agreement by
GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all such conflict of
interest provisions:
(a) Code of the City of Miami, Florida, Chapter 2, Article V.
(b) Dade County Code, Section 2-11.1.
13. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the
availability of funds and continued authorization for Project activities, and is subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or change in regulations.
14. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that:
this Agreement.
(a) All expenditures of the Grant will be made in accordance with the provisions of
(b) The Grant will not be co -mingled with any other funds and separate bank
accounts and accounting records will be maintained.
(c) The expenditures of the Grant will be properly documented and such
documentation will be maintained on file.
(d) Periodic progress reports will be provided to the CRA as requested.
- - — (e)_ _ No expenditure of Grant funds shall be used for political activities.
(f) GRANTEE will be liable to the CRA for the amount of the Grant expended in a
manner inconsistent with this Agreement.
15. MARKETING.
(a) GRANTEE shall prominently display signage acknowledging the CRA's
contribution to the Project at GRANTEE's primary place of business during the term of this agreement,
and for a period of two (2) years after its expiration.
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(b) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA's
name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media
and communications created by GRANTEE for the purpose of publication, promotion, illustration,
advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers,
periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio,
or internet advertisements or interviews.
(c) The CRA shall have the right to approve the form and placement of all
acknowledgements, which approval shall not be unreasonably withheld.
(d) GRANTEE further agrees that the CRA's name and logo may not be otherwise
used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified
in this Agreement. Nothing in this Agreement, or in GRANTEE's use of the CRA's name and logo,
confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's
name and logo beyond the right granted in this Agreement.
16. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the
occurrence of a default hereunder the CRA, in addition to all remedies available to them by law, may
immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall
be immediately returned to the CRA. GRANTEE understands and agrees that termination of this
Agreement under this section shall not release GRANTEE from any obligation accruing prior to the
effective date of termination.
17. LIABILITY OF THE CRA. No officer, employee, agent, or principal, whether
disclosed or undisclosed, of the CRA shall have any personal liability with respect to any of the
provisions of this Agreement. Any liability of the CRA under this Agreement shall be subject to the
limitations imposed by Section 768.28, Florida Statutes.
18. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the
CRA, the GRANTEE may only seek specific performance of the Grant Agreement and any recovery shall
be limited to the grant funding authorized for the Project. In no event shall the CRA be liable to
GRANTEE for any additional compensation, other than that provided herein, or for any consequential or
incidental damages.
19. INDEMNIFICATION OF THE CRA. GRANTEE shall protect, defend, indemnify
and hold harmless the CRA and its agents from and against any and all claims, actions, damages, liability
and expense (including fees of attorneys, investigators and experts) in connection with loss of life,
k,
personal injury or damage to property or arising out of this Agreement, except to the extent such loss,
injury or damage was caused by the gross negligence of the CRA or its agents.
20. DISPUTES. In the event of a dispute between the Executive Director of the CRA and
GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and
GRANTEE shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the
dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's
Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day
period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision
shall be deemed final and binding on the parties.
21. INTERPRETATION.
(a) Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions
of this Agreement or the scope or intent thereof.
(b) Entire Agreement. This instrument constitutes the sole and only agreement of
the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the
parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE
relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this
Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an
instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number
shall include the masculine, feminine and neuter genders and the singular and plural number. The word
"including" followed by any specific item(s) is deemed to refer to examples rather than to be words of
limitation.
(c) Construction. Should the provisions of this Agreement require judicial or
arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same
shall not apply the assumption that the terms hereof shall be more strictly construed against one parry by
reason of the rule of construction that an instrument is to be construed more strictly against the party
which itself or through its agents prepared same, it being agreed that the agents of both parties have
equally participated in the preparation of this Agreement.
(d) Covenants. Each covenant, agreement, obligation, term, condition or other
provision herein contained shall be deemed and construed as a separate and independent covenant of the
party bound by, undertaking or making the same, not dependent on any other provision of this Agreement
unless otherwise expressly provided, All of the terms and conditions set forth in this Agreement shall
apply throughout the term of this Agreement unless otherwise expressly set forth herein.
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(e) Conflicting Terms. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached documents, the terms of this Agreement shall
govern.
(f) Waiver. No waiver or breach of any provision of this Agreement shall constitute
a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing. '
(g) Severability. Should any provision contained in this Agreement be determined
by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the
State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect.
(h) No Third -Party Beneficiary Rights. No provision of this Agreement shall, in
any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of
this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in
any party not a party hereto.
22. AMENDMENTS. No amendment to this Agreement shall be binding on either party,
unless in writing and signed by both parties.
23. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed
by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the
CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated
pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119,
Florida Statutes. It is further understood by and between the parties that any document which is given by
the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and
shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the
CRA.
24, AWARD OF AGREEMENT. GRANTEE warrants'that it has not employed or retained -
any person employed by -the CRAtosolicit or secure this Agreement, and that it has not offered to pay,
paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee,
or gift of any kind contingent upon or resulting from the award of the Grant.
25. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not
be delegated or assigned to any other party without the CRA's prior written consent which may be
withheld by the CRA, in its sole discretion.
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26. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and
enforced in accordance with Florida law.
27, TERMINATION OF CONTRACT. The CRA retains the right to terminate this
Agreement, with or without cause, at any time without penalty to the CRA. In that event, the CRA shall
give five (5) days written notice of termination to GRANTEE,
28. NOTICE. All notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by personal service, or by registered mail,
addressed to the party at the address indicated herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day
after being posted, or the date of actual receipt, whichever is earlier.
To CRA: Community Redevelopment Agency of the City of Miami
49 N.W. 5th Street, Suite 100
Miami, FL 33128
Attn: Pieter Bockweg
Executive Director
To GRANTEE: City of Miami, Florida
444 S.W. 2nd Avenue, 10th Floor
Miami, FL 33130
Attn: Carlos A. Migoya
City Manager
With copy to: Miami Police Department Office of the City Attorney
400 N.W. 2nd Avenue 444 S.W. 2nd Avenue, 9th Floor
Miami, FL 33128 Miami, FL 33130
Attn: Miguel A. Exposito Attn: Julie O. Bru
Chief of Police City Attorney
29. INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors,
employees and agents shall be deemed to be independent contractors, and not agents or employees of the
CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA,
or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida
Workers' Compensation benefits as employees of the CRA.
30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties
hereto, and their respective heirs, executors, legal representatives, successors, and assigns.
31. AUTHORITY. GRANTEE certifies that GRANTEE possesses the legal authority to
enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act
of GRANTEE's governing body, authorizing the execution of this Agreement, and identifying the official
representative of GRANTEE to act in connection herewith and to provide such additional information as
may be required by the CRA.
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IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other
good and valuable consideration, and intending to be legally bound, the CRA and GRANTEE have
executed this Agreement.
ATTEST:
0
Priscilla A. Thompson
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
IM
Gary Reshefsky
Director, Risk Management
ATTEST:
IN
Priscilla A. Thompson
Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:---
0
ORRECTNESS --
Julie O. Bru
CRA General Counsel
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CITY OF MIAMI, FLORIDA, a municipal
corporation of the State of Florida ("GRANTEE")
Carlos A, Migoya
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorney
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public agency
and body corporate created pursuant to Section
163.356, Florida Statutes, ("CRA")
M
Pieter Bockweg
Executive Director
ATTEST:
Priscilla A. Thompson
Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
LINE
Julie O. Bru
CRA General Counsel
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OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT
AGENCY, of the City of Miami, a public agency
and body corporate created pursuant to Section
163.36, Florida Statutes, ("CRA")
M
Pieter Bockweg
Executive Director
ATTACHMENT "A"
Program Description
Attachment A
Tifg ruf 'ffit-anxi
Mr. James H. Villacorta
Executive Director
Southeast Overtown/Park West and Omni
Community Redevelopment Agencies
49 NW 5t' StreeL Suite #100
Miami, Florida 33128
JUN 16 2010
CARLOS A. MIGOYA
Manager
RE: Proposal for Rene al of Police Visibility Grant for the Southeast Overtmm/Park West and
Omni Redevelopment Areas.
Dear Mr. Villa-corta;
Thank you for affording the City of Miami Police Department the opportunity to present you
with the proposal for renewal of the Police Visibility grant for the Southeast Overtown/Park
West and Omni Redevelopment Areas.
The Police Visibility Program is devised to be service-oriented and will afford working
partnerships to be formed with the Community Redevelopment Agency (C.R.A.), Neighborhood
Enhancement Teams, residents, business owners, and homeless outreach programs (such as the
Homeless Assistance Center). in order for the Police Visibility Program to be successful, the
City of Miami Police Department's Field Operations Division is requesting a grant in the amount
of 1,000,000 from the Community Redevelopment Agency for the wainuation of the program
for the Overtown, Wynwood/Edgewater and Downtown NET Areas (S.500,000 from Southeast
Overtown/ Park West and $5.00,000 from the Omni Redevelopment Areas). The funding
received from the Community Redevelopment Agency (C.R.A.) will enable us to do the
following in an overtime capacity:
1. Assign more police officers to the Southeast Overtown/Park- West and Omni areas to
maintain order and enforce all state and local laws.
2. Enhance the quality of life for the residents, businesses and visitors in these areas by
conducting a number of operations during the yew, including identifying crime patterns
and conducting crLminal sweeps, traffic details, and club checks within the area.
3, Conduct a number of operations to identify and dovunent chronic crm-ura Is that concal
themselves within the large homeless population,
i!
MIAM POLICE DEMRTIMENT/R.O. BC)X 0 16777 i hAvirpi, Htxida ,3; OH t3051
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4. Assist homeless individuals and their families to obtain services provided by the local
agencies.
5. Conduct a number of narcotics surveillances and operations to reduce the sale and usage
in the area.
6. Conduct several prostitution details to curtail this criminal actiidty.
For the development, planning, implementation and oversight/management of the Police
Visibility Program. Commander David Sanchez and Commard r Da id P -
i , e '% atino will utilize their
experience in community, policing to develop major security initiatives. in turn. a H,-Ia degree of
police visibility will be in place to enhance the Community Redevelopment Agencys efforts and
objectives.
)XI-hile the C.R.A. seeks to eliminate the blighted conditions present within their respective
boundaries,, such efforts are diluted by the perception of crime. Redevelopment objectives can
be achieved though a collaborative partnership bemreen the Miami Police Department and the
Community Redevelopment Agency.
C,
Should you have any questions or concerns, please do not hesitate to contact either Con�imander
Sanchez or Commander Patino, at (305) 603-6636.
Sincerely,
Nfiguel A. Exposito
Chief of Police
MAE: RIMB, DM: dp
I
POLICE VISIBILITY GRANT
BUDGET FOR OVERTIME
N.E.T. AREAS DOWNTOWN OVERTOWN WYNWOOD/EDGEWATER TOTALS
SOUTHEAST OPVERTOWN/PARK WEST C.R,A. 100,000.00 $ 400,000.00 $ 500,000.00
OMNI C.R.A. $ 325,000.00 $ 175,000.00 $ 500,000,00
Cit v of Miami Communitv Redevelor)ME
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