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R15-156 1 RESOLUTION NO. R15 -156 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO SIGN AN AGREEMENT FOR 6! WATER SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8� OF BOYNTON BEACH AND BECKY LONG; 91 PROVIDING AN EFFECTIVE DATE. 101 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13' water and sewer service area, at 1170 Highview Road, Lantana, FL 33462 (Parcel Control 14 Number 00- 43- 45- 09 -09- 000 - 1770); and 15 WHEREAS, the parcel covered by this agreement is a single - family home located in 16' the unincorporated Palm Beach County portion of the City's utility service area; and 17 WHEREAS, the property historically receives water from a well and the owner 18' requests that the City provide potable water in the future; and 19' WHEREAS, no additional construction is required by the City to serve this property. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby authorizes and directs the City Manager 26 to sign a Water Service Agreement between the City of Boynton Beach, Florida and Becky 27 Long, a copy of which is attached hereto as Exhibit "A ". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 S: \CC \WP\Resolutions\2015\R15 -156 - 1170_Highview_ Road _Water_Service_Agreement.docx 30 PASSED AND ADOPTED this 15 day of December, 2015. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor — Jerry Taylor 37 38 Vice Mayor — Joe Casello v'' 39 40 Commissioner — David T. Merker ✓ 41 42 Commissioner — Mack McCray ✓ 43 44 Commissioner — Michael M. Fitzpatrick 45 46 47 VOTE 4-0 48 49 ATTEST: 50 51 52 la! — 11 . ..-, _ 53 Jan t M. Prainito, MMC 54 ' Clerk 55' , * ;''' , es 57 58; F, °o c'e Seal) 59 qt,,_ 0. s 'i'rr.,,,,, ,y $ S: \CC \WP\Resolutions\2015\R15 -156 - 1170_Highview_ Road _Water_Service_Agreement.docx 6 0 (7), AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND ° r� COVENANT FOR ANNEXATION r N (Individuals) / This Agreement, made on thi �/% • ay of O' /, 20%S, by and between: X C- es r)q hereinafter called the " Owner(s)," ® and THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water • service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: County Property Appraiser's Property Control Number (PCN) 00- 7 ..-5 7- 07 - /7 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 3. Owner(s) shall not use or supply water it receives from the City to service or benefit any property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. 4. The Property requires / (specify number) Equivalent Residential Connection(s). 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and inspection of the facilities as required by the City Code to provide service to the Owner(s)'s Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. Page 1 of 5 U: \WSA forms \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 8. Any water main extension made under the Agreement shall be used only for Property of the Owner(s), unless written permission is granted by the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty -five percent (25 %) surcharge on all base facility and water use charges to the Property. 12. Any rights -of -way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of Owner(s)'s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. 14. The Owner(s) further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such other laws. The Property shall be subject to annexation at the option of the City at any time eligible under any one or more of the above - referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this property of this voluntary Petition for Annexation and its applicabilities to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. 16. It is agreed that the City shall have no liability in the event there is a reduction, impairment, or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, Page 2 of 5 U: \WSA forms \WSA (Individual) 8- 22- 12.doc accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) 17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, its Mayor, Members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Owner(s)'s obligation under or performance pursuant to this Agreement, including disputes for breach of warranty of title. 18. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a sale of the Property by Owner(s), Owner(s) agrees to provide written notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) TWO (2) SIGNATURE PAGES FOLLOW Page 3 of 5 U: \WSA forms \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN Y W ES WHEREOF, the parties hereto have set their hands and seals this rit day of G2' , 20 $. Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: INDIVIDUA -: OWNER(S): First Witne4k Signature • er S•gnat e Printed Witness Name Prince Owner Name 1 4 Secone Witness Signzre Printed Witness Name First Witness Signature Owner Signature Printed Witness Name Printed Owner Name Second Witness Signature Printed Witness Name FOR OWNER(S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly mitt •rized in the State of Florida and in the County of Palm Beach to take acknowledgments, personally appeared to me / as the Owner(s) named in the foregoing Agreement and that he /she acknowledged exe uting the same in the presence of two subscribing witnesses freely and voluntarily and that the individual was personally known to me or provided the following proof of identification: e,) WITNESS my hand and official seal in the County . State 1. t a . esaid this, ay of 14 44 (Notary Seal) ���` �1M.o Public a e E PERAZA G 1 - {� ( ^1.- C ROTARY PUBLIC, State Of New Tait No. 01PF..8123995 Qualified In Suffolk County Printed Name of Notary Public Commission Expires Marl, ; Z� I �� 1 3 5 My Commission Expires: & ). I 7 Commission Number: ELMER Page 4 o f 5 NOTARY PUBLIC, Sta PERAZA te of New Yak No.011)E8123905 U: \WSA forms \WSA (Individual) 8- 22- 12.doc Comm 6 M Srth County , AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) CITY OF BOYNTON BEACH, FLORIDA A Florida municipal corporation By: Lori LaVerriere, City Manager ATTEST: City Clerk Approved as to Form: City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me. an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of 20__ (Notary Seal) Notary Public Signature Printed Notary Public Name My Commission Expires: Commission No. Page 5 of 5 U: \WSA forms\WSA (Individual) 8- 22- 12.doc 0 \ L' IRREVOCABLE SPECIAL POWER OF ATTORNEY 4 r (Individuals) o r4 STATE OF FLORIDA COUNTY OF PALM BEACH I /We, PGI D� , hereinafter "Grantee ", hereby make, constitute, and appoint THf CITY OF BO TON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No.: Qa - D y a -/77-0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ,1 of 20.. and the powers and authority shall be irrevocable b � p tY by Grantee. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) SIGNATURE PAGE FOLLOWS Page 1 of 2 U:\WSA forms\Power of Attorney (Individual) 8 -22 -12 (3).doc IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this #(6 day of �(IGyO� , in the year 20 /S Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S): trst Witn s YO\, Signature Owner re -c '�x' iz' Printed Witness Name Printed Ow er Name / X t & 1/%7 Q_ Witness Si Second g n e Printed Witness Name First Witness Signature Owner Signature Printed Witness Name Printed Owner Name Second Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) oUt*W` b4:4 THE FOREGING INSTRUMENT was acknowledged before me and executed the same thisWday of , 20)C , by G -o and i e a —A5/2�/ d /� // „" � ,� who a known to me or who have pfoduced th allowing as proof of identification 29 v li.,J� (Notary Seal) ��--- ELMER PERAZA Notary Public Signatu NOTARY PUBLIC, State of NewYobt 01PE6123995 : , �, sraakcax,ir �}- vvx -tar - y 0 Ca1nds1 0;l NS Oft 21,20 . Pfinted Notary Public Name My Commission Expires: MAO- 2 1 21) 1 7 Commission No. cnee6113 11 I Page 2 of 2 ELMER PERAZA NOTARY PUBLC, State of New Yak U:\WSA forms\Power of Attorney (Individual) 8 - 22 - 12 (3).doc No. 01PE6123895 Qualified in Suffolk County Con ntssloo Expires Merril 21, 2O Page l of l .. , Gary R. Nikolits, CFA Homestead Exemption E -file ■ • d� Property Appraiser k ,,, A Palm Beach County t• /� r* Location Address 1170 HIGHVIEW RD Municipality UNINCORPORATED Parcel Control Number 00- 43- 45- 09 -09- 000 -1770 Subdivision RIDGE GROVE ADD 1 IN Official Records Book 23917 Page 788 Sale Date JUN -2010 Legal Description RIDGE GROVE ADD NO 1 LT 177 Mailing address ----"` Owners 15 JULIET ST LONG BECKY C & i BAY SHORE NY 11706 7213 i Sales Date Price OR Book /Page Sale Type Owner 1 JUN -2010 $14,700 23917 / 0788 WARRANTY DEED LONG BECKY C & JUN -2010 $11,100 23876 / 1204 CERT OF TITLE CHASE HOME FINANCE LLC AUG -2006 $90,000 20770 / 0001 WARRANTY DEED OSOWSKY MARCIA J NOV -2005 $10 20312 / 0937 QUIT CLAIM CHERPUDGDEE GLORIA L MAY -1986 $25,000 04897 / 0771 WARRANTY DEED 12 i No Exemption Information Available. 1 *Total Square 0.09 712 Acres 0 1 . Number of Units Feet n Use Code 0100 - SINGLE Zoning RM - Multi- Family (Medium Density) (00- I FAMILY UNINCORPORATED) 1 Tax Year 2015 2014 2013 Improvement Value $22,716 $18,089 $14,265 Land Value $8,663 $6,930 $6,930 Total Market Value $31,379 $25,019 $21,195 All values are as of January 1st each year Tax Year 2015 2014 2013 Assessed Value $19,892 $18,084 $16,440 Exemption Amount $0 50 $0 Taxable Value $19,892 $18,084 $16,440 Tax Year 2015 2014 2013 Ad Valorem $456 $393 $346 Non Ad Valorem $312 $316 $313 Total tax $768 $709 $659 http: / /www.co.palm- beach. fl. us / papa / Asps/ PropertyDetail /PropertyDetail.aspx ?parcel =00... 11/16/2015 Page 1 of 1 °E "`" ` °°, Gary R. Nikolits, CFA Homestead Exemption E -file ■ i ■i Property Appraiser ____._._ P ° "v I P,,� Palm Beach County Eira t• Owner Name: LONG BECKY C & /� Parcel Control Number: 00 43 45 09 09 000 -1770 Location Address: 1170 HIGHVIEW RD _ J Structural Element for Sketch for Building 1 Building 1 28 1. Exterior Wall 1 CB STUCCO 2. Year Built 1955 16 3 Air Condition NO HTG /AC Desc. 4. Heat Type NONE 12 28 5. Heat Fuel NONE 6. Bed Rooms 1 7. Full Baths 1 22 -- 8. Half Baths 0 9. Exterior Wall 2 N/A 10. Roof Structure GABLE /HIP I u 11. Roof Cover ASPH /COMP. SHG. Area 1 12. Interior Wall 1 PLASTER Area 2 13. Interior Wall 2 N/A • 1 14. Floor Type 1 VINYL /ASPH TILE l 15. Floor Type 2 N/A i 1 16. Stories 1 J Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 448 2. UCP UNFINISHED CARPORT 264 Total Square Footage : 712 Total Area Under Air : 448 Extra Feature Description Year Built Units No Extra Feature Available Land Details ( 1 Land Line # Description Zoning Units Acres 1. SFR RM 1 0 http: / /www.co.palm beach. fl . us / papa / Asps /Property Detail /Structural Detail.aspx ?entity_id... 11 /1 6/2015 20 0 20 erN 0 GRAPHIC SCALE IN FEET RECEIVED NOV 1 7 2015 gagpl?O BEACH UTILITIES FOUND STAR NAIL I G H V I� 1 /23/2004 qU K R 0 • D r ' o�: 30' ASPHALT ROAD ° 0 000 E 340.11' (M) Q ____( N METER BOX O F OUND 1 /2 IRON N0 MFTF"� , wnv ,/U 1 CC LB LB #j2 ' 0'00'00"E 40 . ROD NO NUMBER ASPHALT ASPHALT re SERVICE ~ M CC L o �� �/', M (f) O 0 O CONCRETE O O O G 8 8 28.1' 5.3 f 0 /A.S/ N Ald 5A 1, - RESIDENCE m O _ 1 STORY La ari ``' t� N 0 LOT 176 LOT 178 0 15.5' ° o 0 O N 12.V "° o a t'• P4110 STONES in V'1 O p 5.2' N rd ° Z 6, 18.4' , LOT 177 CONCR 3 , Z 8 - 3 5.1' ~ UTILITY 1 0' EASEMENT (P) UTILITY POLE OHL e,HL • POLE FOUND 1/2" IRON N90 "OO'OO "W 40.00' SET 1/2" IRON PIPE NO NUMBER 4' CHAIN LINK FENCE 0.5' S ROD LB #6936 M1110 vow and woe NOT A PART per NQt~I0 Welk OF THIS PLAT N 4 /e f r if //77/i Indicates Set NNL & DISK Legend (D) Indicates Deed Dimension #186936 H I Sanitary Gate Valve NOTE: Rod & Cap (p) Ind Plot Dimension Indicates Found Iron Rod & Cop DKr Water Valve AB distances and bearings (M) Indicates Measured Dimension ore as field Measured and • Indicates Found Concrete Monument 0 Indicates Water Service METER (±) Indicates Plus or Minus are coincident with PLAT" ® Indicates FP &L Pedestal m Indicates Sanitary Cleanout Indicates Well and description data unless ® Indicates Electric Service L Indicates Arc Lenth otherwise noted. Indicates Drainage Manhole P.O.C. Indicates Point 01 Commencment R Indicates Rodius S Indicates Sanitary Manhole NOTE: P.0.B. Indicates Point 01 Beginning D Indicates Delta Angle Indicates Manhole Written dimensions take O Indicates Wood Utility Pole -OHM- Indicates Overhead Utility Lines I n d icates Coble TV Pedestal precedence over scaled 0 Indicates Concrete Utility Pole o- Indicates WOOD Fence Indicates S.B.T&T Pedestal dimensions and distances 0 6- Indicates Pole Anchor - x -x -x- Indicates Chain Link Fence c not to be scaled design 13' Indicates PUBLIC UTILITY construction and /or design Indicates Catch Basin IS( Indicates Light Pole II Indicates FIRE HYDRANT purposes. Dean Surveying and Mapping, Inc. This drawing is not valid without O( embossed seal of Surveyor. 'The Measuring Line Shall Go Forth' Jeremioh 31:39 4201 Westgate Ave. Suite A3 West Palm Beach, Florida 33409 Tel:(561)625 -6748 Facaimik (561)626 -4558 REVISIONS DATE = � e - N FIELD: R.N.D. DAlE:11/O6/2015 BOUNDARY SURVEY Prepared For: Pro -'onal Surveyor & Mapper DRAWN: S.D.B. SCALE: 1 " =20' BECKY LONG Florldo ertlfioote No. 4406 -_ LB. 6936 SHEET: 2 of 2 JOB No.: 015 -1101 1 \-1 a .. --- (WsA) Dr (4-- 5 1°I - - 9 9 The City of Boynton Beach 0)Y O � Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 V Phone (561) 742 -6451 � rO N � P FAX: (561)742-6298 LETTER OF TRANSMITTAL TO: Janet Prainito DATE: December 14, 2015 RE: Agreement for Water Service outside the City Limits with Becky Long for 1170 Highview Rd Ave, Lantana, FL 33432. TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Copies Date No. Description 1 Original Water Service Agreement for execution. REMARKS: Please complete execution of document Commission approved 12 -15 -15 and distribute as necessary and usual. cc: File SIGNED: DA) om° Water Service Agreements Outside the City of Boynton Beach Limits (Single Family Homes) TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please note that all blanks (other than signatures) are to be typed or legibly printed. 2. Names in the blanks must match the owners' name exactly as it appears on the Deed to the Property. • Correct example: John Ralph Customer and Alice D. Customer • incorrect example: John R. and Alice D. Customer • Incorrect example: John and Alice Customer 3. Sign the Agreement for Water Service Outside the City Limits and Covenant for Annexation (on Page 4) and the separate Irrevocable Special Power of Attorney. 4. Have all signatures properly witnessed and notarized on both Agreements, including the full names inserted in the Notary's Certification. 5. Provide the Property Control Number below and attach a copy of the Deed to the Property and legal description (Labeled "EXHIBIT A "). 6. Provide the Owner's Information and Property Information requested below. 7. Return all documents to Utilities Administration Office, 124 E Woolbright Rd, Boynton Beach FL, 33435. Sincerely, Customer Service Manager — Utilities Finance Department OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME FOR PROCESSING THIS APPLICATION, PRIOR TO SCHEDULING IT 3 -4 WEEKS BEFORE A CITY COMMISSION MEETING FOR APPROVAL. CITY COMMISSION MEETINGS ARE NORMALLY SCHEDULED ON THE I ST AND 3 TUESDAY OF EVERY MONTH. THE TOTAL TIME SCHEDULE FOR APPROVAL COULD BE AT LEAST 5 -6 WEEKS FROM THE DATE OF SUBMITTAL TO THE DATE OF COMMISSION APPROVAL DEPENDING UPON THE COMMISSION MEETINGS DATES. Owner's Information /� I Owner's Name: �7E7 �• • Mailing Address : / C.e. ,r/AP ���No. & Street City State Zip Code Home Telephone No /�/o Mobile Telephone No. C:5 y 5 Property Information: Address: _/ / / - 4 /� ��� e� /OUP °��1�- E-& / )& Street City State Zip Code County Appraiser's Office Property Control Number (PCN) 00 `3 7 © / �tY= ocr2 -'/17� ti U: \WSA forms \Cover Letter - Single Family Homesl0 -7 -15 (3).doc