HomeMy WebLinkAbout6.i. Approve Subdivision Agreement - Evermoor 6th & 7th AdditionCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: June 18, 2001
AGENDA ITEM: Approve Subdivision Agreement — Evermoor
AGENDA SECTION:
6 & 7th Addition
Consent
PREPARED BY: Bret Weiss, Interim City Engineer
0
AGEN
ATTACHMENTS: Subdivision Agreement
APPROVED BY:
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This is a copy of the Subdivision Agreement for Evermoor 6 and 7t Addition. Attached is a
location map as to where these Additions are located in the development. The developer for
these lots is the master developer, Contractor Property Developers Company. In accordance
with the City policy, the Developers Agreement needs to be provided at the same Council
meeting as the final plat, therefore this item is directly connected to the action that is taken on
the final plat for these projects.
Because the projects are being completed at the same time and by the same developer, we have
included the projects in the same Subdivision Agreement. Also included with this Subdivision
Agreement is the extension of Evermoor Parkway from Evermoor 2 "d Addition, which is the three
cul -de -sacs located east of Shannon Parkway, to the street connection of Evermoor 4t Addition,
just south of the three cul -de -sacs or otherwise known as the Crosscroft Senior Housing area.
RECOMMENDED ACTION: MOTION TO ENTER INTO A SUBDIVISION AGREEMENT WITH
CONTRACTOR PROPERTY DEVELOPERS COMPANY FOR THE EVERMOOR 6 AND 7
ADDITION AND AUTHORIZE THE NECESSARY SIGNATURES.
COUNCIL ACTION:
2
SUBDIVISION AGREEMENT
EVERMOOR 6" and 7" ADDITION SUBDIVISION
AGREEMENT is dated this 18 day of June, 2001, by and between the City of
Rosemount, a Minnesota municipal corporation, ( "City "), and Contractor Property
Developers Company (CPDC) (the "Developer ").
1. Request for Plat Approval The Developer has asked the City to ap rove the
subdivision of land and a plat of land to be known as Evermoor 6 and 7th
Addition, which land is legally described on Attachment One, attached hereto_ and
hereby made a part hereof (hereinafter referred to as the "Subject Property ").
2. Conditions of Plat Approval The City has approved the final plat on the
following conditions:
a. Incorporation of recommendations of the City Engineer concerning design
and installation of public infrastructure and including grading, erosion
control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public
and private improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other
fees identified in the current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, streets
and utilities.
3. Phase Development Developer will develop the Subject Property in two phases.
The Public Infrastructure Improvements (as hereinafter defined) for Phase I have
been designed and provision is made herein for the construction and funding of
such Public Infrastructure Improvements. Phase II Public Infrastructure
Improvements have not been designed and no provision is made herein for the
construction or funding thereof except as is set forth in paragraphs 8b and 9b.
4. Effect of Subdivision Approval For two (2) years from the date of this
Agreement, no amendments to the City's Comprehensive Plan, except an
amendment placing the Subject Property in the current urban service area, or
official controls shall apply to or affect the use, development density, lot size, lot
layout or dedications of the approved preliminary plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent
permitted by state law the City may require compliance with any amendments to
the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
Evermoor6th &7thAddition
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5. Development Plans The Subject Property shall be developed in accordance with
the following plans, original copies of which will be on file with the City Public
Works Director. The plans may be prepared, subject to City approval, after
entering this Agreement, but before commencement of any work on the Subject
Property. If the plans vary from the written terms of this Agreement, the written
terms shall control. The plans are:
Plan A -- Plat
Plan B -- Soil Erosion Control Plan and Schedule
Plan C -- Drainage and Storm Water Management Plan
Plan D -- Plans and Specifications for Public Infrastructure
(City designed)
Plan E -- Grading Plan & House Pad Elevations
Plan F -- Street Lights
Plan G -- Landscape Improvements
6. Installation by Developer The Developer shall install or cause to be installed
and pay for the following:
A. Street Lights
B. Setting of Lot and Block Monuments
C. Surveying and Staking of work required to be performed by the Developer
D. Gas, Electric, Telephone and Cable Lines
E. Landscaping
F. Site Grading
G. Park Equipment (as stipulated in the PUD Agreement)
(Hereinafter referred to as the "Developer Improvements ")
And other items as necessary to complete the development as stipulated herein or
in the PUD Agreement.
7. Time of Performance The Developer shall install all Developer Improvements,
enumerated in Paragraph 6, which will serve the Subject Property, by July, 2002.
The Developer may, however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost. increases and the extended completion date.
8. Public Infrastructure The following improvements, known as City Project 336
shall be designed, inspected, surveyed and administered by the City and installed
in the Subject Property at Developer expense by a Contractor selected by the City
through the public bidding process:
A.
Sanitary Sewer
B.
Watermain
C.
Storm Sewer
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D. Streets (Private)
E. Sidewalks/Pathways (Private)
(Hereinafter referred to as "Public Infrastructure Improvements ")
The attached figure shows the area within which the Public Infrastructure
Improvements will be constructed pursuant to this Paragraph. Contracts shall
provide for construction in accordance with plans and specifications prepared by
the City or its consultants. The City will not enter into such contracts until all
conditions of plat and subdivision approval have been met, the plat is recorded
and the City has received the bonds and security required by this agreement.
The City will obtain any necessary permits from the Minnesota Pollution Control
Agency, Department of Health and all other agencies before proceeding with
construction.
9. Deposit for Cost of Public Infrastructure Improvements For the purpose of
financing the construction, installation and maintenance of the Public
Infrastructure Improvements, Developer shall promptly make payments to the
City of sums deemed necessary by the City to make timely payments to its
contractor as follows:
a. Prior to the receipt by the City of bids for the Public Infrastructure
Improvements, Developer will pay to the City a cash deposit in the
amount of One Hundred Thousand Dollars ($100,000) to cover one or
more periodic payments to the City's contractor. Such deposit and later
payments to the deposit as provided in this paragraph will be held by the
City and used to pay the City's contractor for Public Infrastructure
Improvements and no other purpose.
b. From time to time as the City's construction of the Public Infrastructure
Improvements proceeds and the amount held in the Developer's deposit is
diminished by payments to the City's contractor, the City will give written
notice specifying an amount due from the Developer to replenish the
deposit, as determined by the City to be necessary to cover one or more
periodic payments to the City's contractor. Payments shall be due no later
than five (5) working days after receipt of notice by the Developer.
C. No interest will be paid or credited to Developer on funds held by the City
in the deposit. Following final payment for Public Infrastructure
Improvements the City will return any unused funds in the deposit to
Developer.
d. Upon execution of this Agreement, Developer will provide a letter of
credit in form satisfactory to the City in the amount of Three Hundred
Seventy -five Thousand Dollars ($375,000) (which is 110% of the
Evermoor6th &7thAddition 3
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estimated construction costs ($475,000) less the initial deposit),
conditioned on the prompt and faithful performance by Developer of its
obligations under this paragraph 9. This letter of credit may be combined
with any other letter of credit given to secure performance under this
Agreement provided the form thereof is approved by the City.
e. In the event City does not recover its costs for completing the Public
Infrastructure Improvements under the provisions of this paragraph, as an
additional remedy, City may, at its option, assess the Subject Property in
the manner provided by Minnesota Statutes, Chapter 429, and Developer
hereby consents to the levy of such special assessments without notice or
hearing and waives its rights to appeal such assessments pursuant to
Minnesota Statutes, Section 429.081, provided the amount levied, together
with the funds deposited with the City under this paragraph, does not
exceed the expenses actually incurred by the City in the completion of the
Public Infrastructure Improvements.
10. Security for Developer Improvements To guarantee compliance with the terms
of this Agreement, payment of the costs of all Developer Improvements and
construction of all Developer Improvements (as noted in Paragraph 6), the
Developer shall furnish the City with a cash escrow or irrevocable letter of credit
from a bank ( "security ") for $132,055, which is 110% of the estimated cost of the
Developer Improvements. The amount of the security was calculated as follows:
Refer to Exhibit A for an explanation of each item.
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Cost
110%
Grading & Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$15,000
$16,500
Survey Monumentation
$17,500
$19,250
Landscaping
$47,000
$51,700
Retaining Walls
-0-
-0-
Street Lighting (5 lights)
$15,000
$16,500
Buffer Monumentation
$550
$605
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
-0-
-0-
Wetland Monitoring
-0-
-0-
Total
$120,050
$132,055
Refer to Exhibit A for an explanation of each item.
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The bank and form of the letter of credit or other security shall be subject to the
approval of the City Administrator. The letter of credit shall be automatically
renewable until the City releases the developer from responsibility. The letter of
credit shall secure compliance with the terms of this Agreement and all
obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed
as required by this Agreement. In the event of a default under this Subdivision
Agreement by the Developer, the City shall furnish the Developer with written
notice by certified mail of Developers default(s) under the terms of this
Subdivision Agreement. If the Developer does not remove said default(s) within
two (2) weeks of receiving notice; the City may draw on the letter of credit. With
City approval the letter of credit may be reduced from time to time as financial
obligations are paid and developer installed improvements completed to the City's
requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at
its cost and approved by the City Public Works Director. The completion of
grading activities will need to be coordinated by the City in conjunction with the
installation of utilities. Developer shall furnish the City Public Works Director
satisfactory proof of payment for the site grading work and shall submit a
certificate of survey of the development to the City as the site grading is
completed by phase, with street and lot grades. If the installation of utilities is
occurring simultaneously with the grading, the utility contractor shall have
preference over the grading activities. No substantial grading activities can be
completed over installed utilities unless otherwise protected. All improvements to
the lots and the final grading shall comply with the grading plan as submitted and
shall be the responsibility of the Developer.
12. License The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Subject Property to perform all work and
inspections deemed appropriate by the City during the installation of Public
Infrastructure Improvements.
13. Erosion Control Prior to site grading, and before any utility construction is
commenced or building permits are issued, the erosion control plan, Plan B, shall
be implemented, inspected and approved by the City. All areas disturbed by the
excavation and backfiliing operations shall be reseeded within 72 hours after the
completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed suitable to the
existing soil to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be mulched and disc anchored as necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely
off City right -of -way and shall be completely surrounded with an approved
erosion control silt fence. Approved erosion control fencing shall be installed
around the perimeter of each lot or at City approved locations at the time of
Evermoor6th &7thAddition 5
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building permit issuance and remain in place until the lot is seeded or sodded. A
20 -foot opening will be allowed on each lot for construction deliveries.
The parties recognize that time is of the essence in controlling erosion. If
development does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action
as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and/or foundation excavation spoil piles. The City
will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's or City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost
the City incurred for such work within thirty (30) days, the City may draw down
the letter of credit to pay any costs. No development will be allowed and no
building permits will be issued unless the Subject Property is in full compliance
with the erosion control requirements.
14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans
approved by the City Planner.
15. Clean up . The Developer shall clean streets of dirt and debris that has resulted
from construction work by the Developer, its agents or assigns. The City will
inspect the site on a weekly basis and determine whether it is necessary to take
additional measures to clean dirt and debris from the streets. After 24 hours
verbal notice to the Developer, the City will complete or contract to complete the
clean up at the Developer's expense in accordance with the procedures specified
in Paragraph 13.
The Developer shall inspect and if necessary clean all catch basins, sumps, and
ponding areas of erosion/siltation and restore to the original condition at the end
of home construction within this development. All silt fence and other erosion
control should be removed following the establishment of turf. These items are to
be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements Upon completion and City acceptance of the
work and construction required by this Agreement, the public improvements lying
within public rights -of -way and easements shall become City property without
further notice or action.
17. Warrantv The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of two (2) years after
its completion and acceptance by the City. All trees, grass and sod shall be
warranted to be alive, of good quality and disease free for twelve (12) months
after planting.
Evermoor&h &7thAddition 6
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18. Responsibility for Costs
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by it or the City in conjunction with the development of the
Subject Property including, but not limited to, Soil and Water
Conservation District charges, legal, planning, engineering and inspection
expenses incurred in connection with approval and acceptance of the
subdivision and the plat, the preparation of this Agreement and any
amendments hereto, and all costs and expenses incurred by the City in
monitoring and inspecting development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless
from claims made by itself and third parties for damages sustained or costs
incurred resulting from plat or subdivision approval and development of
the Subject Property. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City
may pay or incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the
preparation and enforcement of this Agreement, including engineering and
attorney's fees. The estimated City fees of $106,500 shall be deposited
with the City at the time this Agreement is signed, and represent the
following estimates:
$80,750 Engineering Fees
$ 2,000 Attorney Fees
$ 23,750 5% City Fees
$106,500 Total
If the City fees exceed this estimate, the Developer shall pay the additional
costs to the City within 10 days of the request.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt. If the bills are not paid on time, the City may halt development
work and construction including, but not limited to, the issuance of
building permits for lots which the Developer may or may not have sold,
until the bills are paid in full. Bills not paid within thirty (30) days shall
accrue interest at the rate of nine percent (9 %) per year.
E. The Developer shall pay all energy costs for street lights installed within
the Subject Property until seventy -five percent (75 %) of the lots are
occupied. After that, the City will assume the energy costs.
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19. Developer agrees to pay fees, charges and assessments set forth in this Section
prior to, or at the time of, execution of any plat by the City:
A. Park dedication fees in the amount of $ -0- .
B. Geographic Information System -(GIS) fees in the amount of $1,750.
C. Storm Sewer Trunk Area Charges in the amount of $48,322 (Includes 6 th
& 7 th Additions plus Outlots F & G total 18.24 acre credit 1.97 acre of
ponding = 16.27 net acre).
Or such other amounts for such fees as in effect at the time of plat
approval.
20. Developer understands that builders will be required to pay for the Subject
Property the fees, charges and assessments in effect at the time of issuance of
building permits. The rates for each of these items will be set according to the
current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per
SAC unit (current rate is $1150).
B. Storm Sewer Connection Charges per single family unit and per multiple
family unit (currently at $935 and $660 per single and multiple family
unit, respectively).
C. Sanitary Sewer Availability Charges per SAC unit (currently at
$1,030 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,155 /SAC unit).
E. Trunk Water charges per unit (currently at $1,155 /unit).
F. Trunk Sewer charges per unit (currently at $309 /unit).
21. Building Permits No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in
service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
Evermoor6th &7thAddition g
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E. All building permit fees are paid in full.
An early housing construction start may be allowed at the engineering and
building department's discretion with the understanding that:
I. Building officials must have reasonable access to all structures
2. No occupancy will be granted until all above noted items are addressed
3. The City assumes no liability for any lack of emergency vehicle access to
the site.
The Developer, in executing this Agreement, assumes all liability and costs for
damage or delays, incurred by the City, in the construction of public
improvements, caused by the Developer, its employees, contractors,
subcontractors, materialmen or agents. No occupancy permits shall be issued
until the public streets and utilities referred to in paragraph 6 and 8 are in and
approved by the City, unless otherwise authorized in writing by the City Public
Works Director.
22. Developer's Default In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the
work and the Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer is first given notice of the work in
default, not less than 48 hours in advance. This Agreement is a license for the
City to act, and it shall not be necessary for the City to seek a court order for
permission to enter the land. When the City does any such work, the City may, in
addition to its other remedies, levy the cost in whole or in part as a special
assessment against the Subject Property. Developer waives its rights to notice of
hearing and hearing on such assessments and its right to appeal such assessments
pursuant to Minnesota Statutes, Section 429.081.
23. Miscellaneous
A. The Developer represents to the City that the development of the Subject
Property, the subdivision and the plat comply with all city, county,
metropolitan, state and federal laws and regulations including, but not
limited to: subdivision ordinances, zoning ordinances and environmental
regulations. If the City determines that the subdivision or the plat or the
development of the Subject Property does not comply, the City may, at its
option, refuse to allow construction or development work on the Subject
Property until the Developer does comply. Upon the City's demand, the
Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds
for denial of building permits, including lots sold to third parties.
Evermoor&b &7thAddition 9
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D. If any portion, section, subsection, sentence, clause, paragraph or phase of
this Agreement is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Agreement.
E. If building permits are issued prior to the completion and acceptance. of
public improvements, the Developer assumes all liability and costs
resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to
promptly take legal action to enforce this Agreement shall not be a waiver
or release.
G. This Agreement shall run with the land and may be recorded against the
title to the property. The Developer shall take such steps, including
execution of amendments to this Agreement, as are necessary to effect the
recording hereof. After the Developer has completed the work required of
it under this Contract, at the Developer's request, the City will execute and
deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied,
now or hereafter arising, available to the City, at law or in equity, or under
any other agreement, and each and every right, power and remedy herein
set forth or otherwise so exciting may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other
right, power or remedy.
I. The Developer may not assign this Agreement without the written
permission of the City Council.
24. Notices Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the
Developer by registered mail at the following address:
Contractor Property Developers Company
7100 Northland Circle
Brooklyn Park, MN 55428
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Notices to the City shall be in writing and shall be either hand delivered to the
City Administrator, or mailed to the City by registered mail in care of the City
Administrator at the following address: City Administrator, Rosemount City
Hall, 2875 145 Street West, Rosemount, Minnesota 55068.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF ROSEMOUNT
By: By:
Cathy Busho, Mayor Linda Jentink, City Clerk
CONTRACTOR PROPERTY DEVELOPERS COMPANY
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2001, by Cathy Busho, Mayor, and Linda Jentink, City Clerk, of the
City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the granted by its City Council.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
said 2001, by , a , on behalf of the
Notary Public
Drafted by:
City of Rosemount
2875 145 Street West
Rosemount, Minnesota 55068
Evermoor&WthAddition 12
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EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer
Improvements that are outlined in the Subdivision Agreement:
Grading & Erosion Control - A restoration and erosion control bond to ensure
revegetation and erosion control ($800 /acre). Note: The minimum bond amount
is set at $25,000.
Pond Restoration /Erosion Removal — A security to allow for cleaning of
sedimentation ponds prior to City acceptance and removing any installed erosion
control measures such as silt fence and woodfiber blanket following development
of 75 percent of adjoining lots (estimated Lump Sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all
lots within the development.
Landscaping — An amount equal to 110% of the cost to complete the minimum
required landscaping. If additional landscaping is planned, a bond for that cost is
not required.
Retaining Walls — An amount equal to 110% of the cost to complete the retaining
wall construction.
Street Lighting — An amount equal to 110% of the cost to complete the minimum
required lighting. If additional lighting is planned, a bond for that cost is not
required ($3,000 per light has been used to calculate this cost).
Buffer Monumentation — An amount equal to 110% of the cost to manufacture
and install the necessary buffer monumentation signs around all ponds and
wetlands ($50 per sign has been used to calculate this cost).
Park Equipment — An amount equal to 110% of the cost of improvements agreed
upon to be completed in the park areas.
Wetland Monitoring An amount equal to 110% of the cost to hire a wetland
specialist to monitor the mitigation areas for 5 years to ensure their proper
creation. This wetland specialist will be hired by the City.
Wetland Restoration /Mitigation — An amount equal to 110% of the cost to
develop new wetlands should the mitigation not be effective ($20,000 per acre of
mitigation).
Evermoor6th &7thAddition 13
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EVERMOOR 6TH AND 7TH ADDITIONS
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EVERMOOR 6TH AND 7TH ADDITIONS
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