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Item R3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 18, 2005 Division: Administration Bulk Item: Yes No X Department: Administration Staff Contact Person: Tom Willi AGENDA ITEM WORDING: Presentation by the Key Largo Chamber of Commerce on the purchase of potential park properties with waterfront access. ITEM BACKGROUND: At the March BOCC meeting, staff received direction to earmark 20 million dollars for the potential purchase of waterfront properties. The Chamber was recommending the purchase of the Rowell's parcel but unfortunately, the property is under contract and no longer available. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: TBD BUDGETED: Yes No X COST TO COUNTY: TBD SOURCE OF FUNDS: Bond REVENUE PRODUCING: Yes No X AMOUNTPERMONTH Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Thomas J. Willi (TYPE NAME HERE) DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 Proposed Key Largo Bay/ront Park / / " '" ~ '1) :ii Xl if 7l r g: -=-I ii: w ID 2 1:! :l "" ~ w "" ~ " (:l. A (:l. r r+ it if> ;;i' it' ::r 1;1 ;;:; Q ;;;;: ;;;;: 0 j CD :,;I ru 1M ru '" r !l '" 3 ;;l :;;j :3 ill .. '" ill '" '" N Ii) ::t '" '" 1:;. r en 01 :5 '" '" ;;i IV '" ~ ~. rn '$ :::J 0' ;!t CD ~ "'~ ...,,~ ~" /' ! I I I '~- ""'" ,,- ~ , '. \ l " "- UI :'t ;;0 ;;0 ;;0 r :x (ij ;;r ., 2 {} (;I ~ 9 ~ " ! '" '" i y I -'" ." i:l. i:l. i:l. n. F'+ ~ '" ::1 0 z ;;!: i :::l :::; Z d; w '" r g; '" $ OJ '3 :;j m 5- 1! :3 ~ ~ '" 1) w ;; -'" ::2 '" '" i:l. (l:) '" '" '" -4 ." '" :t>- e ;i co '" :::J -, €P !2. ~ / / / , , / L~.~~__--l '" '" / "'~' ..- >'", '" I \ . .,J. ~ "- '., 1'0 00 \0 -" (I} ~ :2 M :u :;0 ~ ~ !'! g g 2 "" 4; ~ t:l., ;:;. 4. ;if;;; ;;: : $ i ~ :J, :it m '" -I I; H ~ ;;; r ;:; (ij' :It co F1 ,"''<,. 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Largo I Subdiv Ei Dorado ; I tJii Mrk 99.00 Zoning SR II Area 27 Water Front Y I Rented N Rent rJlin , !~ft\i.TOf;;0 m~",,'/';;%';~ ~ Range Price Listing Stat Active Yi Bit 1966 Unit $FO Taxes Maint Fee 0 Tot Units 0 Exclusive R FBIHB 2lO SideS Max Private, sociudod 4.3 +1- acre bayfront estate In a lush tropical setting with 370 +1- feet of bay frontage. Locele of tile annual Goddesses in the Ga.rden Party. Stunrming bay views from the master suite, HYing room and pool area CBS residence is centered around a courtyard with fountain. Property includes free-standing CBS garage, an orchid house, in..gmund pool with ful!yscreened enclosure. CBS boat house end concrete dockage as 'f1$11 as a finger pier dock with concrete pilings. Alarm system. lawn sprinkling system; new roof less than one year ago. A large tiki hut brick pavers and native p,antlngs & trees enhance the tropical atmosphere. A magnificent island oasis in the heart of Key Largo! 32 61 39 island Of Key Largo Ail information is deemed reNable but not guaranteed. Prospective purchasers should verify tlie information to their own satisfaction. Ail dimensions are approximate. 04/14/200503:13:54 "'-O(M~ mol!,;""'"*,, e;; ~"'~;>1''-<'''''''' ~ to nc%t 2 B FroIlt s ,P,"iVHtf' P 2 !JHthnlorn home CRn rClnain Apr-05-0S 16:44 From-EWM REALTORS CORAL GABLES OFFICE a05-662-S046 T-2QS P.002/0l0 F-7Zl . ---- Grnwth ManaZemen1 Division 27D8 OvU5c.aS Hishway Suite 400 Marathon, florida 33050 Voice: (505) 289-2500 FAX: (505) Z8~-2556 .......,.. Board of COUl'Jtf Cornmisslonetj ~yor MurrAY E. Ne1jon, Dist. p MAyor fro Tern :David P. :Rice, Pisl:.4 Commissioner Dixie Spehar, Dist. 1 CommizsiOJ'lel George Neuzent, Dist. Z Com:m.i~ione: Charlcl"Sonny" McCoy} Di$!. :'l October 8t 2004 The Kern Company Attn: Mr. Jim Kern 9990 SW 77tb AVe. Suite 302 Miami, FL 33] 56 SUBJECT: PRE-APPLICATION CONFRENCE LETTER OF UNDERSTANDING FOR THE REMODEL OF AN EXISTING SINGLE FAMILY RESIDENCE (SFR) INTO A BEDROOM SUITE; REBUILDING A NEW SFR ONSITE; AND THE OFFSITE TRANSFER OF COMMERCIAL SQUARE FEET. PROPERTY IS LOCATED AT APPROXlMA TEL Y MILE MARKER 99) KEY LARGO. FLORIDA, 33037, REAL ESTATE NUMBER. 00088170.000000. Dear Mr. Kern, Pursuant to Section 9.5-43 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding. On October 8,2004) a Pre-application Conference regarding the above referenced project was held at the Monroe County Planning Depa:rtn1ent office on Plantation Key. Representing the Kern Company were: Jim Kern, Peter D. Bacheler. James S. Lupmo. and David Ettman, (hereafter collectively referred to as "the applicantsU). Also attending the meeting were the following: Joel Reed) Planner and Niko Reisinger, Senior Biologist (hereafter. collectively referred to as the "Planning Staff') for the Planning Department. Materials presented for review prior to the meeting included: a) Pre-Application conference request form; and b) Raised sealed survey of the property 07/06/04. Items discussed at the meeting included: 1) The property is 2.67 acres and is located at approximately Mile Marker 99 on Key Largo Key a.nd the Real Estate Number is 00088170.000000. The Monroe County land use district is Suburban Residential (SR) and the Furore Land Use Map designation (FLUM) is Residential Low (RL). 5th Dra1l., OCIOber 12,2004 LOU Jim Kern Page 1 of6 Apr~05~05 15:44 From-E~lM REALTORS CORAL GABLES OFFICE 305-562-5546 T-293 P 003/010 F-721 ------ '............. 2) The property currently consists of: a commercial building that is located adjacent to US 1; a single family home, near the front of the property adjacent to which is a large storage shed and oarpOrt; and near the shoreline of the property sits another building} previously a residence though 1958, at which time the current single family home on the property was built and since then the old residence has only been used for storage. 3) Based on Goal 104 of the Monroe County Comprehensive Plan which states "Monroe County shall recognizel designate, protect, and preserve its historic resources" and a conversation with the current owner of the property Mr. Paul Santini, it appears that a strUcture on site, near the shoreline of the property. may be considered iI}ristoric". Staff . advises coordination with George Bo~ Historic Preservationist with the Historic Florida . Keys Foundation at 305-292-6718 or with Staff Advisor, Jason King (planner) who can be reached at 305-852-7102. 4) The property is located in a split flood zone with the following designations: X zone adjacent to US1, then AE10, VE12 ,and VB 14 as you approach the shoreline on Florida, Bay. All new structures will be required to comply with the most restrictive flood zone requirements that the individual structures are located within. Only a survey providing elevations at different points on the property will determine wbat the elevation is. 5) The applicant is interested in converting the single family residence on the property to a bedroom suite; building a new single family residence closer to Florida Bay; and removing a commercial structure along with off site transfer of the commercial square footage. 6) Based on Section 9.5-262, 0.5 units per acre are the allocated densities in SR Land Use districts. Therefore, two (2) acres of land is needed to support a single family residence (SFR). Based upon 2.67 upland acres at the site there is sufficient acreage in order to support the SFR on site. 7) Additional to the two (2) acres required. for the SFR., there would be .67 allocated acres remaining of transferable development rights on site. Transferable development rights must comply with the requirements of Section 9.5-265 of the Monroe County Land Development Regulations (LDR's). 8) The SFR that currently sits on the site was constructed in 1958. The 9/21/2004 property record card indicates that the SFR was constructed in 1958 and had a homestead exemption from 1982 through 1993 and frofll 1996 through 2002. Therefore, with .the conversion of the current SFR to a bedroom suite, the new SFR proposed to be located near Florida Bay would be ROGO exempt. 9) The applicant was notified that if converting the single family residence on the property to a bedroom suite constitutes "substantial improvement" per Section 9.5-4(8-19) then, the structure will be required 10 be brought into compliance with the standards imposed by the Federal Emergency Management Agency (FEMA). Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds Sth Draft, October 12, 2004 LOU Jim Kern Page 2 of6 Apr-05-05 16:45 From-EWM REALTORS CORAL GABLES OFFICE 305-662-5646 T-293 P.Q04/0\0 F-721 fifty percent of bTi;:: pre-destruction market value of the~cture, as determined by the Office of the Tax Assessor of Monroe County. 10) The "suite" is considered an accessory snucture. The combined area of accessory structures must be subordinate to and serve the principal use or structure. Furthennore the "suite" must meet the criteria for allowable addition. An unattachi;:d accessory addition to a principal strUcture with no internal connection to the structure is allowed to have living space to include living room, bedrooms, and a full bath. A full kitchen or wet bar is not permissible. 11) The commercial structure was constructed around 1948 and has been continually operated as a commercial retail business since that time. It has been determined the commercial building was lawfully established. The commercial structure on the site is deemed to have a minor conditional. use under Section 9.5-2 (c). Based on review of the survey and property record card it has been detennined that the total commercial square feet on site is 612 square feet (34 X 18 feet). 12) The 612 commercial square is eligible for transfer off-site and must comply with the criteria set forth in Section 9.5-124.3 (10) ~'Transfer off-site of existini non-residential floor area". Applicant was given the "Application for Development Approval for Transfer ofROGO Exemption Sender Site". 13) Based on Section 9.5-283, requires that no S1!'Ilcmre or building shall be developed that exceeds a maximum height of thirty-five feet. Height means the vertical distance between average grade and the highest part of any strUcture. Therefore, redevelopment at the site cannot exceed 35 feet in' height from the pre-construction grade at the building site or crown of road, whichever is higher. . 14) Based on Section 9.5-352, requires that there be (two) 2 parking spaces per dwelling unit. Based upon the proposal of one SFR there win be (two) 2 parking spaces required. 15) Based on Section 9.5-427. requires that all entrance drives and street intersections shall provide clear sight triangles in both directions. There is one entrance drive at the site with bufferyards. Requirements state that the measurement shall be from edge of pavement of the street to 20~ feet back on the drive, and 150 feet from the centerline of the entrance in each direction. 16) Based on Section 9.5-262~ requires 50% open space in the SR land use district. Section 9.5" 343t Environmental Open Space, requires 20% open space for those areas that are essentially cleared now. In this instance there are two habitat types~ the disturbed and the remaining portions of hammock on site. Before any clearing could be allowed in the hammock. the cleared portion of the site would have to be 80%, used. Clearing could then proceed into the hammock; the clearing allowance there would depend on the quality of that hammock as determined by a UHabitat Analysis" also known as an HHEP'. The Biologist will consider setbacks and required landscape and bufferyard areas as open space. 5th Dran, October ]2.2004 LOU Jim Kern Page: 3 of 6 Apr~05~05 16:45 From-EWM REALTORS CORAL GABLES OFFICE 305-662-5646 T-293 P.OD5/0l0 F-72l 17) Based on SectiWl 9.5-281, minimum yard requireffit::rtt for .'Detached Residential" developmEmt under a Sub Urban Residential land use district requires: front yard oftwenty~ five (25) feet; side yards of ten (l0) feet and five (5) feet; and a rear yard often (10) feet on dry lots. The site has: one (1) front setback oftwenty~five (25) feet; two (2) side setbacks totaling fifteen (15) feet, one must be at least five (5) feet; and a rear shoreline setback. hem #20 below outlines district boundary buffers~ the most restrictive will apply. 18) Based on Section 9.5-349, Shoreline setb~ you may have a setback of twenty (20) feet from the edge oflawfully altered shorelines and a setback of fifty (50) feet from the edge afany unaltered or illegally altered shorelines, measured from the mean high tide line or the landward extent of the mangroves, whichever is further landward. The site visit showed an unaltered shore to 'the south~ and a fu~ly altered shore in the boat basin. 19) Stonnwater run-off from any increase in impervious areas must be adequately addressed with measures such as, but not limited to, guttering aud swales. The entire shoreline must be protected from rainwater runoffbefore other $Wale areas are used. 20) A letter from the U.S. Fish and Wildlife Service (USFWS) will be required.. It is suggested' that you start the application process now, since these letters take time. The biologist recommends that you send a site plan drawing and photographs of all proposed. construction areas clearly showing them to be free of vegetation. 21) Maintenance dredging may be pe.rmissible in the basin orthe entrance channel. Permits for dred~ng, as well as any increase in dock space within the basin will be required :from the U.S. Army Corps of Engineers and the State of Florida Department of Environmental Protection (OEP). These'permits can be obtained through filing a "Joint Application" with the DEP; you may call them at (305) 289-2310 to .get the application fonn. These perm.its also take a 10ng time to obtain. 22) There :is an existing Hboat ramp" on the southern shoreline of the property. This is a non- confonning ramp) since the water depth at the end oftbe ramp is well below the required 4 feet at mean low tide. A new :ramp c:ould~ however. be p1aced into the dredged basin, since the water is over the required four feet there. Pennita from the US Army Corps of. Engineers (ACOE) and State DEP would be required. (See item #19 above regarding getting permits from the ACOE and DEP for a new ramp.). 23) A Class E Major Street Bufferyard will be required on U. S. Highway 1. This bufferyard has a minimum width of 'thirty (30) feet, and plant numbers depend on the width chosen. Seventy percent of the plants chosen must be Keys native, non-palm. The bufferyard may not interl'ere with the required Clear Sight Triangles. The Biologist will be happy to suggest suitable plants to use in the bufferyatd~ and 10 do the calculations afpIant numbers based on the width you select. 22) Pest plants were noted on the site at staffs visit to include: Australian Pine, Brazilian Pepperlflorida Holly) and Sapodilla. All pest plants shall be removed prior to the Biologist's final inspection in order to receive a certificate of occupancy. 5th Draft, October 12,2004 LOU Jim Kern Page 4 of6 Apr-05-D5 16:45 From-EWM REALTORS CORAL GABLES OFFICE 305-662-5646 T-2S3 Pe006/01D F-721 For further informatio~11and use issues, refer to the Monroe boitnty Code on the web at: http://librarv2.muD-kade.com/n8tewav,dl1/FLllflondal/20245/20246?f=terrrplates&fu''''default, ht m&npusername= 11270&nppassword-MCC&npac _ credentials.Pre9~~rue&vid==default If this property is subject to a conditional use approval, the Planning Cqmmission is empowered under Section 9,5-63 to modii)' or deny any application based on their review of the appropriateness of the proposed development within the context of surrounding properties and compliance with the LDRs and 2010 Comprehensive Plan. In Section 9.5-65 the Planning Commission and the Planning Director are required to consider all aspects of the development, impacts on the comm\Ulity and consistency with the goals, objectives and standards of the plan and tDRs before granting conditional use approval, approval with conditions or denial of a project. Therefore, the intensities, densities and possibilities for setback waivers detailed in this LOU are subject to the Planning Commission and/or the Planning Director conditional use review and approval. Pursuant to Section 9.5-43 of the Monroe CoUnty Land Development Regulations (IDRs)) you are entitled to rely upon the representations set forth in t1rls letter of understanding as accurate . under the regulations currently in effect. This letter does not provide any vesting 19 the existing re2Ulations. if the Plan or LDRs are amended the property and/o{'Proj~ :will b~ r~3Jired to be consistent witb all goals. obiectives and, standaros at the time of development appro-yal. The Planning Department acknowledges that all items required as a p~ of the application for development approval may not have been addressed at the October 8th meeting) and consequently reserves the right for additional department comment. The infon:pation provided in this Jetter may be re1:ied upon. with the 'Dr~vious disciijimers. for a ?erlod af three years. The ElanninQ: Director upon the request of the landowner may, review and reaffirm the rEWresemations ~ forth in this letter for an additional J2~od of time. We trust that this information is of assistance. If you have any questions regarding the contents of this letter) or if we may further assist you with your project. please feel free to contact our Plantation Key office at (305) 852~7100. Sincerely, ~~~ K. Marlene Conaway 0;} Director of Planning and Environmental Resources Department Cc: David Enman James S. Lupino) Esq. Peter D. Bacheler Timothy McGarry, Division Director, Growth Management Aref Joulani. Sr. Administrntor, Development Review & Design David Dacqulsto, DiTector, Island Planning Joel Reed, Planner Niko Reiginger~ Sr. Biologist, Environmental Resources Ervin Higgst Property Appraiser 5th Draft, October 12.2004 Page S of 6 LOU Jim Kern Apr-05~05 18:45 From-EW11 REALTORS CORAL GABLES OFFICE ........- ADDRESS L,ST Hershoff & Lupino, L.L.P Attn: James S. LupinoJ Esq. & PeterD. Bacheler 90130 Old Highway Tavernier, FL 33070 The Kern Company Attn: Mr. David Ettman 9990 SW 77th Ave. Suite 302 Miami, FL 33156 305-862-5848 . ....-" T-2S3 p.oor/OlO F-721 \ [:]" ," .....~::i4 ~.'. \ ...-< ..... ....("~ ,'" '\,~<"r... ',,,,- .... ~\ ~ ~~- / " ", ~;' ,,.s;'" j , f4J , ~ "I'~~" );; j ,/ ',);JfY~~, ~ "- _;./ >> V ' " ~"",~\$.-~ '~ " , ~~-) i ~ I " ....::;:::. .. 'I' (! ) ~ >~ t!.".;um \\ If";.-.!! ,r--...._.....:-=--;-:;::._ \ ~ ;"W-~ ~ i~~ , \ F h." ~ " I " ':"'l""'" ,,' '<f~~. 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