2002-102 To Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte, and the Hedbern Development Corp. and Russell Hill Homes Inc.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2002-102
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Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and The Hedbern Development Corp. and Russell Hill Homes Inc.
described as lands as follows:
Parcel 41-2, Section 51-FLOS-1; Part Lot41, Concession 1, W.P.R.,
formerly Flos Township, Part 1, 51 R-23973, except Part 8, 51 R-27864,
being all of PIN #58365-0142(Lt);
Part Lot 41, Concession 1, W.P.R., formerly Flos Township, Part 2, 51R-23973,
being all of PIN #58365-0054(Lt);
Parcel 41-2, Section 51-FORMERLY FLOS-1; Part Lot 41, Concession 1, W.P.R.,
formerly Flos Township, Part 4, 51 R-23973,
being all of PIN #58365-0143(Lt)
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WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, RS.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, RS.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
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3. THAT the attached Appendix "A" and Schedule "A" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF OCTOBER, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF
OCTOBER, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
_ a}L:f Cr~
M~iI Craig
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APPENDIX "A"
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SITE PLAN AGREEMENT
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- between -
THE HEDBERN DEVELOPMENT CORP.
(OWNER)
- and -
RUSSELL HILL HOMES INC.
(TENANT)
.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
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DESCRIPTION OF LANDS
Parcel 41-2, Section 51-FLOS-1; Part Lot 41, Concession 1, W.P.R.,
Formerly Flos Township, Part 1,51 R-23973, Except Part 8,51 R-27864
Being all of PIN #58365-0142 (Lt)
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Part Lot 41, Concession 1, W.P.R., Formerly Flos Township,
Part 2, 51 R-23973
Being all of PIN #58365-0054 (Lt)
.
Parcel 41-2, Section 51-FORMERLY FLOS-1; Part Lot 41,
Concession 1, W.P.R., Formerly Flos Township,
Part 4, 51 R-23973
Being all of PIN #58365-0143 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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41 September, 2002
By-Law No. 2002-10
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
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TABLE OF CONTENTS
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Section 1 Covenants by the Owner
Section 2 Covenants by the Township
Section 3 Development Restrictions
Section 4 Development Changes
Section 5 Security
Section 6 Compliance
Section 7 Co-operation
e Section 8 Binding Effect
/-, Section 9 Severability of Clauses
Section 10 Save Harmless
SCHEDULES
.
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
THE HEDBERN DEVELOPMENT CORP.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
RUSSELL HILL HOMES INC.
Hereinafter called the "Tenant"
PARTY OF THE SECOND PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE THIRD PART
WHEREAS the Tenant has applied to the Township of Oro-Medonte to permit a
temporary sales office on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Tenant intends to develop the lands in accordance with the Site
Plan attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1. COVENANTS BY THE TENANT
The Tenant covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b)
This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Tenant shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e)
The Owner/Tenant shall, prior to the execution of this Agreement, pay all municipal
taxes and charges related to obtaining the approval of these lands for the intended
use.
f)
The Tenant shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Tenant acknowledges
and agrees that the Tenant shall be responsible for the cost of performance of all
the Tenant's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Tenant is obligated in any way, shall be
deemed to include the words "at the expense of the Tenant", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Tenant shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g)
The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
. The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a temporary sales office as
described on the Site Plan.
b)
.
That the Township agrees that subject to compliance by the Tenant with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Tenant
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
- The Parties hereto acknowledge and agree that any use of the subject lands by the
Tenant shall be on and subject to the following terms and conditions:
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a)
Site Plan
The use and development of the subject lands shall be in
accordance with and as set out on the Site Plan, attached hereto as
Schedule "B".
b) Lighting
. All lighting systems installed outside, such as floodlights, shall be
directed away from any adjacent residential use and/or roadway, not
to cause interference in any way.
c) Parking Areas and Driveways
All parking areas and driveways shall be constructed, in conformity
with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and
the Ontario Building Code Regulation #419/86, and such parking
areas, loading and access areas shall be kept free and clear of snow
and ice and kept adequately drained. All entrances shall be
constructed, as in Schedule "B", attached. The Tenant agrees to
41 obtain all necessary approvals from the County of Simcoe and
Township of Oro-Medonte.
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d) Outside Storage
No outside storage shall be permitted.
e) Garbage Storage
. The Tenant agrees to provide suitable storage areas for garbage
and waste, as shown on the Site Plan, and to install and maintain
litter containers in and around development on the lands.
f) Landscaping
The Tenant shall complete all landscaping and landscaped areas
shown on the Site Plan, attached as Schedule "B", as soon as
weather permits, and all grading and sodding required, according to
e any Engineering drawings submitted, shall be done on all lawn
areas.
g) Erosion and Siltation Control
.
The Tenant must take all necessary precautions to prevent erosion
and sedimentation of ditches and culverts, slopes, etc., within the
Site Plan, and downstream prior to and during construction. The
Tenant agrees to maintain all erosion and siltation control devices in
good repair until vegetative cover has been successfully established.
h)
Dust Control
.
The Tenant shall apply calcium to the parking area within the Site
Plan, in quantities sufficient to prevent any dust problem to traffic or
adjacent properties, to the satisfaction of the Township.
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If the Tenant has not taken remedial action within twenty four (24)
hours of receiving written notification from the Township regarding a
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dust control problem, the Township, at its sole direction, shall employ
outside forces to implement, at the Tenant's expense, a suitable
measure of dust control.
i)
Term of Agreement
This Agreement is for a period of three (3) years from the registration
of the Agreement. At the end of the three (3) years, the Site Plan
shall be subject to review.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved, in
writing, by all Parties.
5. SECURITY
Prior to signing the Agreement, the Tenant will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Tenant arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b)
An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c)
The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Tenant's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d)
Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Tenant, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Tenant, under the terms of this
Agreement.
e)
Upon written notification by the Tenant's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Tenant's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f)
If in the event of default of the Tenant under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
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6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Tenant for the performance of its covenants and agreements herein, and upon default on
the part of the Tenant hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
RS.O. 1980, Chapter 302, as amended.
7 . CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Tenant and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described in Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Tenant, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
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SIGNED, SEALED AND DELIVERED
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) Owner:
) THE HEDBERN DEVELOPMENT
) CORP.
)
) Bernie Still
) Has the Authority to Bind the Corporation
)
)
~3C
) RUSSELL HILL HOMES INC.
)
) Ernie Bottero
) Has the Authority to Bind the Corporation
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
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) . Neil Craig, May
)
)
)
) Marilyn Pe
)
.
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
LEGAL DESCRIPTION OF LANDS
Parcel 41-2, Section 51-FLOS-1; Part Lot 41, Concession 1, W.P.R., formerly Flos
Township, Part 1, 51 R-23973, except Part 8,51 R-27864, being all of PIN #58365-0142
(Lt).
Part Lot 41, Concession 1, W.P.R., Formerly Flos Township, Part 2, 51 R-23973, being
all of PIN #58365-0054 (Lt).
Parcel 41-2, Section 51-FORMERLY FLOS-1; Part Lot 41, Concession 1, W.P.R.,
formerly Flos Township, Part 4,51 R-23973, being all of PIN #58365-0143 (Lt).
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NOTE:
SITE PLAN
SCHEDULE "B"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the Solicitors for the
parties after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0
LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0
DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
- Driveway
Dust Control
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
$2,000.00
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(NOT APPLICABLE)
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SCHEDULE "E"
SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
.
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
_ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for
., Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
. TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
, up to an aggregate amount of
which is available on demand.
, ($$$$$$$$)
.
Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , hereby establish and give to you an
Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from
time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring
whether you have the right as between yourself and our said customer to make such demand and without recognizing
any claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-
Medonte. The original Letter of Credit must be presented to us at : Bank of
.' , Ontario, . The Letter of Credit, we understand, relates to a
_ Site Plan Agreement between our said customer and the Corporation of the Township ofOro-Medonte, with Mortgage
., Company, as a third party, regarding subdivision of
(property <1escnptlOn)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an
authorized signing officer of the Corporation of the Township ofOro-Medonte.
. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly
honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set
forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment
from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the
present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter
of Credit to be renewable for any additional period.
. Dated at
, Ontario, this
day of
19
emthorized signature
authorized signature
Bank of
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uocument General
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