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St Joseph-CS040810COPPELL August 10, 2004 Mr. Anthony Lauchner Centex Construction Company 3100 McKinnon St., 7m Floor Dallas, TX 75201 St. Joseph Village, Phases 1 & 2 and Starleaf Street Final Acceptance Dear Mr. Lauchner: The improvements in the above referenced project were inspected during construction by the City of Coppell Engineering Department and were installed according to plans and our specifications governing such work. The two-year maintenance bonds and the erosion control bond have been received. As of April 5, 2004, the facilities are accepted subject to the two-year maintenance agreement. Thank you for your cooperation during this construction, and if I can be of further service, please contact me at (972) 304-3685. Sincerely, Construction Inspector Office Phone: (972) 304-3685 Fax: (972) 304-3570 Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Director of Public Works Greg Jones, Chief Building Official Tim Oates, Fire Marshal Jennifer Armstrong, Finance Director 255 PAR~,¥A¥ ~ P O BOX 9478 ~r COPCE'LL TX ~501 g ~- TEL_ 972/462 0022 * FAX 972/304 3673 I Liberty Interchange Corporate Center Bond Services... 450 Plymouth Road,Suite 400 Plymouth Meeting,PA. 19462-1644 Memt�er of Lawny Mutual Group Ph.(610)832-8240 MAINTENANCE BOND Bond Number: 022-012-083 KNOW ALL MEN BY THESE PRESENTS,that we T.A.S. co*im CIAL CONCRETE CONSTRUCTION, L.P. 4800 CASH ROAD, DALLAS, TEXAS 75247 , as principal (the"Principal"), and Liberty Mutual Fire Insurance Company, a company organized under the laws of the Commonwealth of Massachusetts, as surety(the"Surety"), are held and firmly bound unto CITY OF COPPELL, TEXAS , as obligee(the"Obligee"), in the penal sum of TWENTY EIGHT THOUSAND NINE HUNDRED FORTY THREE DOLLARS AND NO/100 - - - Dollars ($ 28,943.00AAAAAAA ) for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has by written agreement dated 4-30-02 , entered into a contract (the "Contract")with the Obligee for TURNKEY CONCRETE WORK AT ST. JOSEPH VILLAGE, 1201 E. SANDY LAKE ROAD COPPELL, TEXAS 75019 / TAS JOB NO. 20163 which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the Obligee any defect which may develop during a period of TWO (2) year(s) from the date of completion and acceptance of the work performed under the Contract, provided such defects are caused by defective or inferior materials or workmanship, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Obligee shall provide both Principal and Surety with written notice of the discovery(Notice of Discovery)of any item of defective or inferior materials or workmanship during the covered period (a "Covered Item"). Should Principal improperly fail to remedy the Covered Item, then Obligee shall make a written demand upon the Surety("Demand") within ninety(90)days of the Obligee's issuance of the Notice of Discovery of the Covered Item. 2. The Notice of Discovery and the Demand shall be in writing and via certified mail to the Principal and to the Surety. Notice to the Surety shall be delivered to the attention of the Surety Law Department at the above address. 3. No suit or action may be commenced by the Obligee against the Surety after the expiration of one (1) year(or such lesser time period as otherwise permitted by relevant law) from the date of Obligee's discovery of a Covered Item. If the provision of this paragraph is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. DATED as of this 15TH day of AUGUST , 20 03 . WITNESS/ATTEST: T.A.S. COMMERCIAL CONCRETE CONSTRUCTION, L.P. / (Principal) By: �'/� (Seal) Name: ,w MANG Title: ✓n LIBERTY MUTUA FIRE INSURA E COMP/NY c!/ i/■-,� I/_ A, (Seal) ROSAL' D HASSELL /Attorney-in-Fact LMFIC-5300 Rev.07/11/0 I This Power of Attorney limits the acts of thos, .med herein,and they have no authority to bind -Company except in the manner and to the extent herein stated. LIBERTY MUTUAL FIRE INSURANCE COMPANY 7645 BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint BRUCE C. DEHART, DAVID R. GROPPELL, EDWARD L. MOORE, ROSALYN D. HASSELL, U. THERESA GARDNER, LORI ELLIS,ALL OF THE CITY OF HUMBLE, STATE OF TEXAS ,each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY MILLION AND 00/100******************** DOLLARS($ 20,000,000.00*****` )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, co execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their co o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 0 O. as binding as if signed by the president and attested by the secretary. C d W C m By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .0 of >+ .0 C Pursuant to Article XIII,Section 5 of the By-Laws,Timothy C.Mulloy,Assistant Secretary of Liberty Mutual Fire Insurance Company,is hereby g R authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ 'C m deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. ' 0 i C 1 1-- O d That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >W o' c t j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C 0.«irs Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 5th day of February , = O 3 2003 . a M -13 pet G d LIBERTY MUTUAL FIRE INSURANCE COMPANY d ai C p oS By c,. Q. co' C Timo C.Mulloy�i4ssistant Secretary N 0 y",; COMMONWEALTH OF PENNSYLVANIA ss 10 0 0 N COUNTY OF MONTGOMERY 0 � L CC GC On this 5th day of Fehniary 2003 before me, a Notary Public, personally came Timothy C. Mulloy, to me known, and d acknowledged that he is an Assistant Secretary of Liberty Mutual Fire Insurance Company; that he knows the seal of said corporation; and that he .a £}i executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the >2 O 2 direction of said corporation d 0 a Td v IN TESTIMONY WHEREOF I.have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year *'as y •first above written. ,. ° E 1 y N „ Ter� v 0 Ter sa Pastella,Notary Public O wis 1"'-T CERTIFICATE I, the undersigned, Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Fire Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Fire Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TTESSTJ IIMMONY WHEREOF, have a hereunto subscribed my name and affixed the corporate seal of the said company,this 15T day of By . JZ Jo X.Hee,Assistant Secretary RECEIVED AUG 1 9 20C3 CENTEX CONSTRUCTION "Ve- Liberty P % Bond Services,. Mcmbcr of liberty Mutual Group Important Notice TO FILE A NOTICE OF CLAIM: On a Bond issued by Liberty Mutual Insurance Company you may contact: Liberty Bond Services Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 (610) 832-8240 This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. T.A.S. COMMERCIAL CONCRETE CONSTRUCTION, L.P. BOND NO. 022-012-083 AUGUST 15, 2003 LMIC-6539 2/03 MAINTENANCE BOND Bond No. S-902 0256 KNOW ALL MEN BY THESE PRESENTS, That we, Cooper Excavation,Inc.,11127 Shady Trail,Suite 108, Dallas,TX (hereinafter called the "Principal') as Principal, and the Washington International Insurance Company , a corporation duly organized under the laws of the State of Arizona and duly licensed to transact business in the State of Texas (hereinafter called the"Surety"), as Surety are held and firmly bound unto City of Coppell,Texas (hereinafter called the "Obligee"), in the sum of Two Hundred Fifty-Five Thousand Five Hundred Fifty And No/100ths ($$255,550.00 )for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. Signed and sealed this 13th day of August , _2003 THE CONDITION OF THIS OBLIGATION is such,that WHEREAS, the said Principal has heretofore entered into a contract with Centex Construction dated April 19,2002 , for St.Joseph Village, 180 Samuel Blvd.,Coppell,Texas WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said principal for a period of 2 years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sum of Two Hundred Fifty-Five Thousand Five Hundred Fifty And No/100ths Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. Cooper Excavation,Inc. Washington International Insurance Company Principal Surety By: By Patricia Bartlett Attorney-in-Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: SAM J.MULLIS,JR.,JOHN W.NEWBY,R.DON HURST, PATRICIA BARTLETT, JULIE HOGUE, RAY WATSON, CAROL GOODENOUGH and DEBBIE SMITH,jointly or severally Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." otunTYprr,� R`�.,,. By Ie Tig_ r SEAL 1.1 hut D.Amstutz,President&Chicf Exeertive Officer of Washington lntenatbaal Insurance Company& p a ,?i 1973 e,„Ig Vice President of KorthAmerican nSSppecialty Insurance Company tr. SEAL Eq. L NA4ps� — �+ 4P4:" gy1doN•l�pr``e L 1J/ ffll1111111Natt� By le o .nsssPa,• Steven P.Anderson,Executive Vice President of Washington International Insurance Company& Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10 day of February 20 03. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 10 day of February ,20 03,before me,a Notary Public personally appeared Paul D.Amstutz ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P.Anderson , Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. latrtrctrA ,u epr lev.cohlA"wirurica/zsis Yasmin A.Patel,Notary Public I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this lit ay of August ,20 03 James A.Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company& Assistant Secretary of North American Specialty Insurance Company IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Specialty Insurance Company at the following toll-free number: 800/338-0753 or You may write to them at the following address: Washington International Insurance Company NAS Surety Group 1200 Arlington Heights Road #400 Itasca,IL 60143 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800/252-3439 You may write the Texas Department of Insurance at the following address: PO Box 149104 Austin, TX 78714-9104 EROSION AND SEDIMENT CONTROL BOND Bond No. 104247386 KNOW ALL MEN BY THESE PRESENTS That we Centex Construction Company , Principal, and Travelers Casualty and Surety Company of America, a corporation duly incorporated under the laws of the State of Connecticut, Surety, are held and firmly bound unto the The City of Coppell, Texas in the full and just sum of Six Thousand Three Hundred Fifty and no/100 Dollars ($ 6,350.00 ), current money of the United States, to be paid to the said City of Coppell, Texas to the payment whereof we hereby bind ourselves and each of us, our and each of heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents, sealed with our seals and dated this 13th day of August 2003 . WHEREAS, the principal hereunder has been, or will be granted, a permit or permits for the following purposes; Install and Maintain Permanent Erosion and Sediment Control Facilities in accordance with City of Coppell requirements. NOW, THEREFORE, The condition of this obligation is such that if the said principal, Centex Construction Company shall in all respects comply with provision of the permit or permits granted or to be granted and the requirements for permits as set forth in the city ordinance in effect at time of issuing permit and shall indemnify and save harmless the City of Coppell, Texas , then this obligation shall be void and no effect, otherwise it shall remain in full force and effect for a period not to exceed August 13th, 2005 . In WITNESS WHEREOF, said principal and surety have caused these presents to be executed and their seals affixed the day and year first abo - written. efAt. 41, Centex Co structiin Company 12tdictrd A. Johh��'� WITNESS: 1, I 0 /' Fre 4o1Qn-- t 0E0 Title 3100 McKinnon 7th Floor, Dallas TX 75201 Address Travelers Casualty ur ty Company of America (an Carmen Mims, Attorney-In-Fact TRAVELT S CASUALTY AND SURETY COMPANY OF/ QRICA T. IELERS CASUALTY AND SURETY COMPAI\ FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Susan Purdue, Anthony Convery, Rex Cook, Larry George, Allyson Dean, Carmen Mims, Brian Lebow, Deborah Griffith, of Dallas,Texas, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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