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1 RESOLUTION NO. RIO- ,-\ tv
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, APPROVING AND
51 AUTHORIZING THE CITY MANAGER TO EXECUTE AN
61 CONSUL T ANT AGREEMENT WITH REG ARCHITECTS, INC.,
71 TO PERFORM CONSULTANT SERVICES IN CONNECTION
~I WITH THE PROJECT DESIGNATED HISTORIC HIGH
SCHOOL REDEVELOPMENT SERVICES IN AN AMOUNT NOT
101 TO EXCEED $65,000.00; AND PROVIDING AN EFFECTIVE
11 DATE.
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14 WHEREAS, at the August 3,2010 City Commission meeting, the City Commission
15 approved the issuance of a Request for Qualifications (RFQ) for Historic High School
16 Redevelopment Services; and
17 WHEREAS, October 19, 2010 the City Commission authorized staff to commence
18 negotiations with REG Architects, the top ranked firm; and
19 WHEREAS, upon recommendation of staff, the City Commission has determined
20 that it is in the best interests of the residents of the City to enter into a Consultant Agreement
21 with REG Architects, Inc., to perform consultant services in connection with the project
22 designated Historic High School Redevelopment Services in an amount not to exceed
23 $65,000.00.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission hereby approves and authorizes the City
30 Manager to execute a Consultant Agreement between the City of Boynton Beach and REG
S:\CA\RESOlAgreements\Reso - REG Architect (High School).doc
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1 Architects, Inc., to perform consultant services in connection with the project designated
2 Historic High School Redevelopment Services in an amount not to exceed $65,000.00, a
3 copy of the Agreement is attached hereto as "Exhibit A"
4 Section 3. This Resolution shall become effective immediately upon passage.
5 . th.
6 PASSED AND ADOPTED thIS ~ day of December, 2010.
7 CITY OF BOYNTON BEACH, FLORIDA
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16i Commiss' oner - William Orlove
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1 Commissioner - Woocrfow L. Hay
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2 Commissioner - Steven Holzman
2 ATTEST:
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31 (COtpdr~te S~)
S:\CA\RESOlAgreements\Reso - REG Architect (High School).doc
R 10- 17fo
CONSULTANT AGREEMENT FOR
HISTORIC HIGH SCHOOL REDEVELOPMENT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and REG Architects, hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSUL T ANT services in connection with the project designated HISTORIC HIGH
SCHOOL REDEVELOPMENT SERVICES
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"B" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 120 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$65.000.00 without express written modification ofthe agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
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5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated
by this service agreement, faithfully observe and comply with all federal, state and local
laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$l,OOO,OOO per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution ofthis agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
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For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
REG Architects
307 Evernia Street, 4th Floor
West Palm Beach, FL 33401
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17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this d( day of 1:>ec.ember ,20~.
CITY OF BOYNTON BEACH CONSULT ANT FIRM
~~~
City Manager
Attest/Authenticated: ftre:5l.PelJT
Title
~1n. p~ (Corporate Seal)
Approved as to Form: Attest/Authenticated:
Office of the 't torney Secretary
Rev. 1/22/91
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EXHIBIT "B"
Scope of Services - SEE ATTACHED
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Task I. Tie all previous structural evaluations of the buildiug together with 1I summary update of expected
costs in 2011 for basic renovation (complete Building shell and core with limited sitework).
1.1 Complete the I'rnject W('b Site I'age CITY OF BOYNTON 8EACH
Thc City will install a Project Web page at thc City's Wc,b sitt.: will provide information regarding the
project schedult.:, upcoming Project events, and allow visitors to download the latest Project findings, plans
and results. The Page will also contain a feature for visitors 10 Icave structured eomlllents, complete
surveys, and provide concepts for the project throughout the proccss.
1.2 Complete Project Obje.ctives & OPI)ortunitics Re\'iew REG/IBI
The REG/IBI Team will complete a Project Assessment to establish the key planning and development
issues and progmmmatic objectives for the project. The ProjecI Objectives shall be both qualitative and
quantitative and shall establish and verily, among othcr things, the architectural theme, image. economic
and community development objectives for the Project. Thc Project Assessment and Objectives will be
derivcd from the REG/IBI Team's own due diligence, and interviews with City Slllff, community leaders,
key project stakeholders, and community groups invo]vcd with the restoration of the High School. Specific
attention will be given to the City's objectives for the site and surrounding neighborhood, and insuring that
the objectives and eventual implementation of the projcct will conform to the City's adopted Master Plans
for redevelopment of the area, including, but not lim ited 10, the City of Boynton Beach Downtown Vision
and Master Plan (January 2009). The consulting team will complete u n:view of local market conditions, to
establish a baseline of real estate market conditions, including strengths, weaknesses, and rental economics.
1.3Cmnplete Building Conditions Assessment REG/ONMJrrLC
The Tcam will complete a comprehensive existing conditions assessment, including a review of all
previous structural evaluations and development plans for the High School. The conditions assessment will
include:
. <1 detailed Iicld investigation to assess the baseline tilci lity condition;
. recommendations lor specialty testing to identify critical laeility defects that require immediate
stahilization;
. An assessmcnt of rescareh of mandatory building code requirements, including accessibility, llre
protection and energy efncicncy, and;
. Sustainable design considerations and options.
1.4 Complete 8aseline Construction Cost Estimate REG/IRI/ON MJrrLC
TIle Project Team will complete <1 baselinc construction cost estimate opinion for anticipated restoration of
the High School and surrounding propel1y. The Baseline Construction Cost Estimate will establish the
base package of interior and exterior improvements requircclto stabilize the building and provide the base
core and shell improvements and/or restoratioll for building occupancy.
As the Project involves a registered Historic property, the Restoration and Construction Cost Estimate will
follow US Secretary of the Interior's protocol the Trl~atment of Historic Properties Compliance. The
Team's approach would carefully consider all treatment approaches including:
. Rehahilitatiml, the historic character of the property shall be retained and preserved where possible;
any featurcs/components of the structure that havc changed over time; tbose changes that have
acquired historic significance shall be retained and preserved. Detcriorated historic features shall be
repaired rather than replaced. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence:
The baseline cost estimate will incorporate detailed pricing estimates lilr two alternative design option(s),
focusing on the early identification of potential cost variables and contingencies. The Tcam's goal is to
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work closely with the City to detennine the most effective historic treatment hy providing the necessary
technical insight to allow the City to make the best and fully informed decision.
Once completed, the Baseline Construction Cost Estimate can be modilied as uses which require sj1eeifie
changes to the building interior or plan are selected through the public engagement and develo[lment
process.
Task 2, Through a public engagement process, identify II list of prosllective uses induding private
organizations, nnn-profit organi7.ations and civic use, including preliminary cost estimates.
2.1 Complete Design of the Public Engagement Proccss
The REG/IBl Team will lllilize a multi-faceted and continuous public engagement process. 'fhe public
engagement process will utilize the following methodologies:
. A survey delivered through the Project Web Page, local schools, libraries, SurveyMonkey.com, and
the City. 'fhe Survey form will ask a series of questions, and provide survey lakers with the
opportunily to rank development issues, preferences, and concepts in a Ineasllrable form.
. "Crowdsourced" Project conception using input from the Project Web Site, The Team will design a
simple form which anyone can fill out to provide design ideas for a concept design, plan, or
development concept for the Project. All submitters will be asked to provide a concept development
program alld detail the economics and funding source for their project concept. Complete, suitable
concept submissions following the process instructions will be made available for review on the
I>roject web site.
. Up to three (3) small focus group sessions and workshops with key stakeholders. including
neighboring property owners.
. A projcct "open house" ~- a daylong sessioll in which the community is invited to revicw thc project
and provide written rcviews, ideas, conccpts and opinions regarding proposed redevelopmcnt
alternatives. 'fhc Project Opcn House is a day-long cvent, held at a public venue (ll gym, auditoriulTl,
clc.), open to anyone who wishes to visit. Visitors enter the open house, and are given an information
package detailing the Project and its critical elements. A pre-recorded video presentation of the
Project issues and altCrnlltives can also be shown to entering guests. Once receiving the brieling,
guests are given a written questionnaire and comment sheet that must be completed and returned
before leaving the Open House. Informalion stations with graphics detailing each aspect of the
project (design, lIses, economics, etc.) are placed within the venue, at which a member of the Project
Team is stationed to answer questions.
2,2 Identify and Assess Prospective Uses for the Formcr High Sebool through the public cngagemcnt
process
Subtasks:
. Distribute the lindings of the Buildillg COllditiolls A.~.~e,Hme/lt, and Opportullities, (/lid Baselille
emutruetioll C/J.~t E.ttimate Report on thc Pn~iect Web Page.
. The Project survey/assist the City of Boynton Bcach
. Complete interviews with selected real estate experts, including real estate brokers. developers,
lenders, llnd mr~ior propcI1y owners,
. The Project Concept Development fornl through the Project Wcb Page/assist the Cily of Boynton
Beach.
. Complete up to three (3) focus group sessions and workshops with key stakeholders, including
neighboring property owners.
. Conduct the project "open house."
. Conduct interviews and workshops with potential tenants, investors, and development partners
throughout the project, to gather feedback, and solicit interest in the Project up to ten (10) occurances.
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. Review, analYl.e and prioritiL.e the nses, concepts and public preferenccs collected through the public
engagcmcnt process.
. Complete llnd disseminate the l>mjecl Devdopmetll Program Report, The report will contain the
rcsults of the public engagcment process, and identify a prioritized set of uses for the Iligh School
building and its property. The findings wi II balance Market conditions and limitations, the collective
experience of the Project tcalll, the project objectives, local market conditions and opportunities,
guidelines Ii'om the City's existing master plans, and thc preferences identified by the public through
all of the engagementmethodologics.
Task 3, Prcpal'c an evaluation of funding mechanisms for' the refurbishlllcntand adaptive rcusc induding
the use of Ncw Market Tax Credits, Ilistoric I'rescrvalion Tax Credits, foundation or grant fuuding
and conventional hnnding of refurhishmeut costs. The cvaluation shall contain an estimate of fiscal
impact, if any, t.O the City through evaluation of partnershill opportunities. The llualysis will also
present II recommended program to the City for uses, owncrship vs, lease options, financing and
building management cost estimates,
J, I Structure Pruject Financing
The REG/I BI Team will research, recommend, and solicit alternative Iinancing structures and sources to
complete the Project on the best terms possible for Boynton Beach. The Tcam will examine thc
availability, applicability and impacts of utilizing a wide rangc or possible funding sourccs ror thc
rcdevelopment project, including historic preservation tax credits, New Markets Tax Credits, a variety of
grant sourccs, private financing, and various forms of private and public dcbt.
The team will also examine and prioritize a variety of potential ownership and operational structures,
including City ownership and operation, other public ownership, non-profit ownership, private ownership,
and blended public-private ownership structures.
This reselll'ch will result in a presentation of a short list of alternative funding sources, t1nancing, and
ownership structures fllr the redevelopment project. AI the concussion of its research, the Team will
present its recommended project finance structure to the City. As parI of Ihi.~ alla~vsi!;. Ille Team wl/l use
Its best efforts 10 cOII.~/rtlct alld recolllmellll a fillallce slructure IIIat compells/lte.~ BOYlllo/l Beach for
some or a/1 of the cost.s'/!rtlle serl'ice,~ provided ullder this ,~cope of work,
In addition, although not required under the scope or work, as the Team will have becn working with a
variety of possible tenants, development partners, runders and investors up to this point in the Project, the
Team will formally solicit conditional Letters ur Interest trom potcntialtenants, funders, and development
partners. The Team will formally solicit potential partners, (for profit and not-for-prolit), potential tenants,
and potential operators (as required) of the various components of the project. If desired by the City, the
Team can also provide suggested devclopment agreemcnts, lease commitments and operating agreements
(as required) tor the prelim-ed financing and ownership alternative.
Task 4. Prepare on implementlltion timl....linc with critical project itcms and assignment of responsible
parties,
4.1 Complete Alternative Project ConceptualOcslgn
Based on thc envelopc of uscs idcntificd in the Project Development Program and hascline Construction
Cost Estimate, the Project Team will complete a concept physical design for the School. including two
alte11lative dcsigns 1'01' thc school grounds, parking, infrastl1lcture, [lroposed interior Iloor plans, and
rendcrings of the restored school huilding.
4.2 Complete the Project Business Plan
The Hi~t(lric High Scholll Ca/llpll.~ Developmelll Business Plan will be a complctc:, clear and t.:Oncise
presentation packagc uscd to present, solicit and secure funding, teoants and potential developmcnt partners
for the restoration of the High School Campus. The document will include a description of the Campus, its
location, dcsign concept, detailed restoration costs, and highlight potential opportunities availahlc to
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pal1icipate in the redevelopment project. The Project Summary is critical to securing funding so that the
Project can move inlo redevelopment.
The project business plan will also idc'ntifY a preferred tcnantmix, rent structure, operating costs, revenues,
a preferred ownership and building management strudure. Iinancing structure and source of funds, an
operating business pro forma, and implemcnlation timcline. The business plan and pro t(lm1a will be
suitable for presentation to potclltial investors. lkvclopcrs. and tenants for the project. The Project
Ilusincss Plan will also enable the Cily to accurately int(mn the puhlic as 10 the tinal Iindings and Master
Plan Concept.
Task L>eliverahle(s):
. Thc Historic High School Campus Development Rusiness Plan, in prinl/dise/powerpoint.
. If requested, the lIistoric Iligh School Campus Development Business Plan. provided as a multi-
media presentation package.
. .4 I'rojecl/mplemelltt/(wn limelinl!, included in the Project business Plan.
. Prcscntation of findings and posting of all matcrials to the Project Well page/assist City of Roynton
Deach.
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Cost Es~imatc for _Proposed Scope~f Work __
Uased on the above Scope of Work, assuming a Project authoriz.ation in December, the RE(i/11:l1 team estimates
eomplction of the Project by Marc/I 31, ZOW.
Based on the above Scope of Work and schedule, the RHi/lHlteam estimates a total project cost of $65,000. This
Project cost is provided as a not to exceed total cost, and is hascd on the Teams best estimate of approximately 500
total person-llOurs hours required 10 complete the work program.
The Team's approach to cost estimating lil.. the Project is driven by its commitment to a highly public process.
While certain clements of the work program arc readily quantifiable in tcrms of work hours (design and report
production), the highly public nature ol'the I'rojectmeans that ecrtain clements, especially meetings, and Ihe reams'
ability to respond to, and interact directly with, stakeholders, potential tenants, investors, and development partners,
is not as easily estimated. Responding to the needs ofstakeholdeTs and working directly with them will be critical to
the success of the project, but may be unpredictable.
The cost estimatc therefore has built somc flexibility in the allotment of hours across subtasks within the work
program, and is proposed as a not-to-excecd number in which the Team will I) establish budget control numbers for
each Task, 2) provide very regular reports of time used, and 3) keep tbe City closely appraised as to progress and
budget.
rhe bn:akdown of cosl by task, Clnd overall Project schedule, is as follows.
The key elements of the cost proposal and schedule are:
. Contract award in December 20 J 0
. Work Scope- Tasks 1-4 complded in January, February, and March, 20 II.
. Estimate of hours per month: 120 Hours/Month, not to exceed.
. Final preparation, prescntation, and input and review to/from City Commission: April 20 II.
Boynton Belich Jliworic High Rellevelopment Project
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