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2010_01.12 EDC Agenda PacketN OTICE • F MEETING OF THE ��ENNEDA ECONOMIC DEVELOP BOARD OF DIRECTORS KENNEDALE, TEXAS Notice is hereby given that a Regular Meeting will be held by the Kennedale Economic Development Corporation Board of Directors on the 12 day of January 2010 at 7:15 P.M., in the Kennedale Municipal Building Council Chambers located at 405 Municipal Drive, Kennedale, Texas, at which time the following subjects will be discussed to wit: (SEE ATTACHED AGENDA) Dated this 8'11 day of January 2010. By: Robert P. Mundy, President I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Economic Development Corporation Board of Directors is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on January 8, 2010 at 4 :30 o'clock PM., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 985.2104 five (5) work days prior to the meeting so that appropriate arrangements can be made. ♦� ♦�� ® ® ®® ® � � //� O Va � • O O 9 a • • 4} ® /'Y O F / f. ei�. •O�OJRY p• O �a � •1 i�� day of January 2010. By. Kathy Tume , TRMC /CMC City Secretary AGENDA KENNEDALE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS REGULAR MEETING — JANUARY 12, 2010 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. COUNCIL CHAMBERS 7:15 PM I. CALL TO ORDER II. ROLL CALL III. REGULAR ITEMS A. Review and consider action to approve regular meeting minutes dated December 7, 2009. B. Review KEDC Financial Reports. C. Review and consider action to submit Petition to MMD for financing improvements and maintenance of properties located within the Kennedale Retail Center Addition. D. Review and consider action to approve Resolution No. 4, of the Kennedale Economic Development Corporation approving a Project Agreement with the City of Kennedale, Texas with respect to the Issuance of the City's Combination Tax and Revenue Certificates of Obligation, Series 2010. E. Review and consider action to authorize President to sign necessary easement documents for the TownCenter Project. F. Review and consider action to change date and time of future meetings. IV. STAFF ANNOUNCEMENTS/REPORTS A. KEDC Executive Director Announcement /Reports 1. Industrial activity: ® 1000 E. Kennedale Parkway ® Grover Corporation 2. Kennedale TownCenter activity ® 9 -1 -1 Monument ® Section House • Bid Activity Page 1 of 2 IV. STAFF ANNOUNCEMENTS/REPORTS CONTINUED 3. 16" Water Line Extension 4. Oak Crest Development 5. Fallen Heroes Monument B. Orasi Development Report V. PRESIDENTBOARD ANNOUNCEMENTS/REPORTS A. President Announcements /Reports 1. Report agenda items to be posted for future meetings. VI. ADJOURNMENT Page 2 of 2 MEM' =!" To ICED Board of Directors Date: January 4, 2010 Agenda Item No: I1I -A Subject: Review and consider approval of meeting minutes. Originated by: Kathy Turner, KEDC Secretary Summary: A draft copy of the meeting minutes dated December 7, 2009 is attached for your review and consideration. Recommendation: Recommend Approval. Disposition by KEDC Board of Directors: 322 KENNEDALE ECO I REGULAF 405 MUNICIPAL I. CALL TO ORDER President, Robert Mundy called the meeting to order at 7:16 p.m. II. ROLL CALL • = V"6 I 009 AL BLDG. Secretary, Kathy Turner called roll with the following board members present/absent: Present: Robert Mundy Donnie Graham Mark Yeary Darrell Erwin Rebecca Mowell Absent: Beverly Hayes Doug Parker President Vice - President Board Member Board Member Board Member Board Member Board Member Staff members present included: Bob Hart Executive Director Kathy Turner Secretary III. REGULAR ITEMS A. Review and consider action to approve regular meeting minutes dated November 17, 2009. Rebecca Mowell moved to approve revised meeting minutes dated November 17, 2009, second by Mark Yeary. Motion carried (5 -0). B. Review KEDC Financial Reports. Darrell Erwin moved to approve October 2009 EDC Financial reports as submitted, second by Vice - President, Donnie Graham. Motion carried (5 -0). C. Review and consider action to approve Resolution No.. 3, requesting the City Council issue Certificate of Obligations for the development of Kennedale TownCenter. Darrell Erwin moved to approve Resolution No. 3, requesting the City Council issue Certificate of Obligations for the development of Kennedale TownCenter. Rebecca Mowell seconded the motion, and all members present voted in favor. Motion carried (5- 0). 323 D. Review and consider action to approve amendment to EDC 2009 -2010 Fiscal Year Budget. Rebecca Mowell moved to approve amendment to EDC 2009 -2010 fiscal year budget, second by Mark Yeary. Motion carried (5 -0). E. Review and consider action to authorize lease of Lot 8, Kennedale TownCenter Addition to the City. Darrell Erwin moved to authorize President Mundy to sign the revised lease agreement of Lot 8, Kennedale TownCenter Addition leasing lot 8 to the City, second by Vice President Graham. Motion carried (5 -0). F. Review and consider action to change date and time of future meetings (January 11 or 12, 2010). After a brief discussion, it was agreed upon to move the scheduled January 19"' meeting to January 12, 2010, IV. STAFF ANNOUNCEMENTS/REPORTS A. KEDC Executive Director Announcement/Reports Bob Hart, City Manager/Executive Director provided an update on the following: 1. Industrial activity: • 1000 E. Kennedale Parkway — Property went up for tax sale and is in the process of being placed in the city's name • Grover Corporation — Meeting with owner /operator to assist in re- locating to a new facility in Kennedale • Speed Fab -Crete — Expressed interest in same property for expansion of business 2. Kennedale TownCenter activity • Section House — Met with architect and should have plans within six weeks • Public and Private Activity Development — Advised construction should begin on moving utilities and parking lot in February/March 2010; fagade work. should begin in the summer of 2010 • Interlocal Agreement for Debt Service Repayment — Advised that item would be placed on the January 2010 agenda for consideration • Interlocal Agreement for Certificate of Obligations — Advised that item would be placed on the January 2010 agenda for consideration • Sewer Easement — An easement for sewer installation will be needed • Review of Agreements — Revised agreements have been provided to Cypress Properties legal counsel for review 3. Road Construction Update ® Bowman Springs Road — Excess right -of -way — Currently in bid process and will award bid at the January 14, 2010 Council meeting 324 • Kennedale Sublett Road — Bid in February 2010 and award bid at the March 11, 2010 Council meeting • Little School Road — Bid in the fall of 2010 • Dick Price Road — Tarrant County will begin rebuilding roadway in Spring 2010 • Mansfield Cardinal Road — Tarrant County currently rebuilding roadway from Little School Road to the south city limit line 4. 16" Water Line Extension — Currently in bid process and will award at the January 14, 2010 council meeting 5. Fallen Heroes Monument — Advised talks are continuing and a decision is expected in January 2010. Also, noted that the city was approved to receive 911 monument, which would be placed on same parcel. B. Orasi Development Report Jack Thompson, EDC Contract Provider updated members on current activity, which included assisting Grover Corporation with relocation efforts, and actively pursuing quick serve restaurants for Wal -Mart pad sites. V. PRESIDENT/BOARD ANNOUNCEMENTS/REPORTS A. President Announcements/Reports 1. Report agenda items to be posted for future meetings. No report of agenda items to be posted for future meetings. VI. ADJOURNMENT There being no further discussion, President Mundy asked for a motion to adjourn. Rebecca Mowell so moved, and Donnie Graham seconded the motion with all members present voting in favor. Motion carried (5 -0). Meeting adjourned at 8:07 p.m. APPROVED: President, Robert Mundy ATTEST: Kathy Turner, EDC Secretary To KEDC Board of Directors Date: January 8, 2010 Agenda Item No: III -B. Subject: Review of KEDC Financial Reports. Originated by: Kathy Turner, City Secretary Summary: The Director of Finance has been out of the office ill. Reports will be provided prior to the meeting. Recommendation: Disposition by KEDC Board of Directors: Staff Report To the Members of the EDC4B Board Date: January 11, 2010 Agenda Item No: Subject: DISCUSS AND REVIEW NOVEMBER 2009 EDC FINANCIALS Originated by: Sakura Moten- Dedrick Summary: Budizet /Amendment As a result of Town Center Redevelopment activities and the issuance of Contractual Obligation (CO) bonds, Council approved several amendments to the EDC FY2009 /10 budget during its meeting in December. These budget amendments will not be reflected until the next EDC meeting in February, which will cover December 2009 financials. Year -To -Date • Sales Tax: See attached charts (Monthly Graph, 3 -Year Historical Graph, 10 -Year Historical Data). Please note that like last month's report for Oct 09, revenue is much higher this month over this time last year for Nov due to the fact that we are still in our year -end audit process and just recently completed the required accruals for the months of Oct and Sep 08 given that sales tax runs 2 months in arrears. The same will be true this time next year when we compare Oct/Nov 09 to Oct/Nov 10. Oct/Nov 10 will be higher than Oct/Nov 09. Without reference to accrual entries, the EDC has experienced approximately a 16% loss when looking at actual sales receipts compared to this same time last year. Staff has just recently received the latest Confidential Sales Tax Report from the Comptroller and upon compiling the data will make this information available for next month's meeting. • Investment Income: Due to declining interest rates, revenues continue to be much lower compared to this same time last year. • Rental Income: No difference compared to this time last year. With the termination of Quine's contract, we did not receive payment for the months of Oct/Nov 09 until mid - December. Despite this, we have again attached a Year -To -Date Summary Report for FY08 -09, as well as individual summary reports for Oct/Nov 09. In addition to Oct/Nov 09 rental fees received mid - December (reflected on next month's financials), we also tools in approximately $15K in final closeout funds from Quine for security deposits and escrow amounts. These have been posted to our ledger as assets and will remain as such until deposits are required to be refunded. Dec 09 rental fees were collected and forwarded to David Johnston accordingly. Staff is working closely with David on a reporting format to accurately depict Dec 09 income and expenses. We do not anticipate receipt of such a statement until mid - January or later given this transition. • Personnel Costs: EDC Director position was eliminated a few months into last year, and this is why no expenses are reflected in the current month. • Supplies: Slight increase in expenses over this time last year. Approximately $6K was expensed for aerial maps in Oct 09. • Service: Significant decrease in expenses over this time last year. Last year included costs tied to Town Center Plaza. Current expenses include contract payments to Orasi (Special Services) and Admin Charges transferred to the General Fund on a monthly basis. • Capital: Slight increase in expenses over this time last year. Both years included payments on a 2007 CO; however, an additional $12K was paid out for land acquisition to Ronnie Nowell and Russ & Christy Seals in Oct 09 and $24K for roofing repairs to Subway in Nov 09 (directly offset by insurance reimbursement proceeds received in the prior fiscal year). • Town Center Redevelopment: Slight increase in expenses over this time last year. Oct 09 included approximately $1500 to Shrickel, Rollins & Associates and $1200 in Nov 09 to CM Architects for architect services. Estimate N/A Operating Expenditures (1,088,495) (46,865) (111,478) Operating Incomel(Loss) (521,324 $ (19,695 $ (64,651 Nonoperating Revenues /(Expenses) Interest Earnings 20,000 261 547 Transfers -In - - - (Transfers -Out) (10,000) - - Net Operating Income/ (Loss) (511,324) (19,434) (64,104) Beginning Fund Balance (as of Oct. 1st) 1,709,070 Ending Fund Balance $ 1,644,966 118,482 Ending Fund Balance (Excluding Reserve Bond Fund 95) $ 1,526,484 6. . . KENNELkICE . ECONOMIC DEVELOPMENT CORP. FUND FY08 -09 FY08 -09 YTD FY09 -10 FY09 -10 YTD 11/1/2008 November -08 PERCENT 1111/2009 November -09 PERCENT FUND BALANCE CARRY FORWARD:1 1,215.8331 1.215.8331 1 1.709.0701 1.709.070 REVENUES SALES TAXES 298,682 169 0.06% 323,571 46,827 14.47% INVESTMENT EARNINGS 9,691 3,470 35.80% 20,000 547 2.73% FUND 95 INVESTMENT EARNINGS - - 0.00% - 0.00% RENTAL INCOME 237,518 0.00% 243,600 0.00% OTHER INCOME 481,136 0.00% - 0.00% TRANSFERS IN - 0.00% - 0.00% TOTAL EDC REVENUES $ <1,027,027 $ 3,638 0.35% $ 587,171 $ ; 47,374 8.07% EXPENSES PERSONNEL COSTS 37,551 13,838 36.85% - - #DIV /O1 SUPPLIES 5,932 1,115 18.80% 29,300 6,488 22.14% MAINTENANCE - - #DIV /01 - - #DIV /01 SERVICE 248,227 71,164 28.67% 200,137 26,468 13.22% UTILITIES 294 - 0.00% - - #DIV /01 GRANTS/ INCENTIVES 36,417 - 0.00% 50,000 0.00% TOWNCENTER 48,094 4,330 9.00% 45,750 - 0.00% CAPITAL 111,309 40,652 36.52% 563,308 75,834 13.46% TRANSFER OUT - 0.00% 10,000 0.00% TOWN CENTER REDEVELOPMENT 45,966 - 200,000 2,688 1.34% TOTAL EDC EXPENDITURES '$ 533,790 $ ' 131,098 24.56% 1,098,495 111,478 10.15% REVENUES IN EXCESS OF EXPENSES 493,237 (127,460) (511,324) (64,104) ENDING FUND BALANCE: 1,709,070 1 1,088,373 1 1,197,746 1 1,644,966 MINUS RESERVE BOND FUND 118,482 118,482 118,482 118,482 FUND BALANCE (EXCLUDING FUND 95) 1,590,588 969,891 1,079,264 1,526,484 ACCOUNT ACCT NAME 004 -00 -87 4001 -00 -00 PROPERTY TAX - CURRENT YR 4081 -00 -00 SALES TAX 4082 -00 -00 MIXED BEVRG SALES TAX 4401 -00 -00 INVESTMENT INCOME 4401 -00 -00 INVESTMENT INCOME (FUND 95) 4409 -00 -00 MISCELLANEOUS INCOME 4415 -00 -00 INSURANCE REIMBURSEMENT 4805 -01 -00 RENTAL FEES - SHOPPING CTR 4902 -00 -00 PROCEEDS - DEBT ISSUANCE FY08 -09 FY08 -09 YTD 9,917 FY9 -10 FY09 -10 YTD - ESTIMATE November -08 PERCENT BUDGET November -09 PERCENT - - #DIV 101 - - #DIV /01 298,682 169 0.06% 323,571 46,827 14.47% - - #DIV /01 - - #DIV /01 9,691 3,470 35.80% 20,000 547 2.73% - - #DIV /01 - - #DIV /01 127,058 2,598 0.00% 30.90% - #DIVroI 354,078 5118 -01 -00 HOSPITALIZATION /LIFE INSURANCE 0.00% - - #DIV /o! 237,518 #DIV /01 0.00% 243,600 - 0.00% - - #DIV /01 5121 -01 -00 DENTAL - #DIV /01 REVENUES 1,027,027 3,638 0.36% 587,171 47,374 8.07% 5101 -01 -00 SALARIES ADMINISTRATIVE 32,502 9,917 30.51% - #DIV /01 5107 -01 -00 SALARIES- OVERTIME - - #DIV /01 - #DIV /01 5111 -01 -00 MOTOR VEHICLE ALLOWANCE 1,278 578 45.19% - #DIV /0! 5114 -01 -00 LONGEVITY 184 - 0.00% - #DIV 101 5115 -01 -00 TMRS RETIREMENT SYSTEM 3,871 1,334 34.47% - #DIV /01 5116 -01 -00 UNEMPLOYMENT INSURANCE 108 - 0.00% - #DIV /01 5117 -01 -00 FICA BENEFITS 2,598 803 30.90% - #DIV /01 5118 -01 -00 HOSPITALIZATION /LIFE INSURANCE 2,071 1,116 53.89% - #DIV /01 5120 -01 -00 LIFE INSURANCE 58 29 49.66% - #DIV /01 5121 -01 -00 DENTAL 95 47 49.94% - #DIV /01 5122 -01 -00 VISION INSURANCE 29 14 49.38% - #DIV /o! 5190 -01 -00 SALARIES OTHER (5,243) - 0.00% - #DIV /01 PERSONNEL 37,551 13,838 36.86% - #DIV 10I 5220 -01 -00 UNIFORMS - - #DIV /01 300 - 0.00% 5240 -01 -00 PRINTED SUPPLY 4,449 652 14.66% 25,000 6,465 25.86% 5260 -01 -00 GENERAL OFFICE SUPPLIES 332 246 74.23% 500 23 4.68% 5261 -01 -00 POSTAGE AND REIMBURSEMENT 128 93 72.45% 1,000 - 0.00% 5280 -01 -00 MINOR EQUIPMENT - - #DIV /01 1,000 0.00% 5290 -01 -00 EXPENDABLE SUPPLY 1,023 124 1212% 1,500 000% SUPPLIES 5 1,115 18.80% 29,300 6,488 22.14% 5403 -01 -00 BUILDING MAINTENANCE - - - 5440 -01 -00 OFFICE EQUIPMENT MAINTENANCE #DIV /01 #DIV /01 MAINTENANCE - #DIV/0I #DIV/01 5501 -01 -00 ADVERTISING 789 0.00% 11,000 0.00% 5510 -01 -00 ASSOC DUES /PUBLICATIONS /MEET 334 22 6.59% 1,000 - 0.00% 5512 -01 -00 CONTRACTUAL SERVICES 121,854 70,935 58.21% - #DIV /01 5525 -01 -00 TRAINING /SEMINARS 430 - 0.00% 2,500 0.00% 5565 -01 -00 LEGAL SERVICE -CITY ATTORNEY 27,340 0.00% 40,000 3,139 7.85% 5567 -01 -00 AUDIT SERVICES 3,000 0.00% 4,000 - 0.00% 5569 -01 -00 IT SUPPORT - #DIV /ol - - #DIV /o! 5570 -01 -00 SPECIAL SERVICES 27,870 180 0.65% 78,920 18,646 23.63% 5575 -01 -00 EQUIPMENT RENTAL - - #DIV /01 - - #DIV /01 5578 -01 -00 TRAVEL 284 27 9.51% 6,000 0.00% 5580 -01 -00 ENGINEERING SERVICES - - #DIV 101 - - #DIV /01 5595 -01 -00 ADMIN SERVICE CHARGE 66,326 0.00% 56,717 4,683 8.26/ 5625 -01 -00 ISSUANCE COST - #DIV /o! - #DIV /01 SERVICE 248,227 71,164 28.67% 200,137 26,468 13.22% 5585 -01 -00 TELEPHONE SERVICE 294 - 0.00% - #DIV /o! UTILITIES 294 0.00% - - #DIV10I 5610 -01 -00 VISUAL GRANT 36,417 0.00% 50,000 0.00/ 5615 -01 -00 FUNCTIONAL GRANT - #DIV /01 #DIV /01 GRANTS / INCENTIVES 36,417 0.00% 50,000 0.00% TOWNCENTER EXPENSES 48,094 4,330 9.00% 45,750 0.00% 1/11/20105:01 PM ACCOUNT ACCT NAME 004 -00 -87 5621 -01 -03 COST OF ISSUANCE 5643 -01 -03 2007 CO INTEREST EDC 5644 -01 -03 2007 CO PRINCIPAL INTEREST 5800 -01 -00 LAND 5810 -01 -00 EDC ALTERNATE ROUTE- ENGINEERING 5811 -01 -00 DESIGN -NEW HOPE RD 12" WLINE 5813 -01 -00 KENNEDALE ENTRANCE SIGN 5820 -01 -00 BUILDING IMPROVEMENT 5861 -01 -00 MOTOR VEHICLES CAPITAL FY08 -09 FY08 -09 YTD FY9 -10 FY09 -10 YTD ESTIMATE November -08 PERCENT BUDGET November -09 PERCENT - - #DIV /01 - - #DIV /01 81,309 40,652 50.00% 79,230 39,534 49.90% 30,000 - 0.00% 35,000 - 0.00% - #DIV /OI 25,000 12,000 48.00% - - #DIV /01 - - #DIV /01 - - #DIV /01 - - #DIV /0l #DIV /01 45,000 0.00% #DIV /ol 379,078 24,300 6.41% #DIV /Ol - #DIV /01 111,309 40,652 36.62% 563,308 75,834 13.46% 5701 -01 -00 TRANSFER OUT - GENERAL FUND #DIV /01 10,000 0.00% 5714 -01 -00 TRANSFER OUT -PARK DEDICATION #DIV /OI - #DIV /01 TRANSFERS #DlvlOf 10,000 0.00% 5570 -03 -00 SPECIAL SERVICES 18,370 0.00% 100,000 - 0.00% 5579 -03 -00 ARCHITECT /DESIGN SERVICES 13,832 0.00% 75,000 2,688 3.58% 5580 -03 -00 ENGINEERING SERVICES 13,764 0.00% 25,000 - 0.00% TOWN CENTER REDEVELOPMENT 45,966 0.00% 200,000 2,688 1.34% TOTAL EDC EXPENDITURES $ 533,790 $ 131,098 24.56% $ 1,098,495 $ 111,478 10.15% 1/11/20105;01 PM Q) C G) > N ad X a N N C O O N O = Q U0 c � CL O w w u . 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Ce l M 0 r 0 N O Q O to M O 00 d� M m (4 M O V' CO N = LO It CO M N M C7 (O N LO N (0 LO N G U N co N N M N N M N N M N M N Q 0 0 co 00 V" W0V' O tO 0) to N--r 0000 CO 000 �Om V' (DmM(D oQm OCOW o0 mCONMMrO t' L(j CO co co M 4 co O N V' M V O OV N M N C co N N(M NNM N CMO ' N Q N O V' LO O r co W N LO 0) CD r e r ' Om (D MM 00 0) CO CO O Q LO � m M V' LO V' O O M (D M (0 �_Lo M V'OM NNt - L(j (O le0 O U N M N N M N N V' N N Cl) N 0— N Q U O W Q W Q d Q n >> W 0 Z in U- 2<�� Qtn Page I C ash Flo 12 Cash) KEN . w TownCenter Kenned4le -.(KEN) 1011912009 Oct 2008 - 8ep' 2009 09:49 AM T )ME Rental Income 17,154 18,836 16,036 16,036 16,036 16,036 16,990 16,036 13,564 13,518 20,173 17,999 197,409 % Rental Income 6,990 5,990 Tax Escrbws 1,734 1,810 1,696 1,696 1,696 1,696 1,696 1,696 1,601 1,601 1,886 1,696 20,504 Insurance Escro 134 179 115 116 115 116 116 115 64 64 217 115 1,463 CAM Escrows 1,112 1,199 1,009 1,009 1,009 1,009 1,009 1,009 811 811 1,436 1,040 12,458 Late Fees 366 365 PR YR Insurance 327 587 914 TOTAL INCOME 20,498 22,023 19,182 18,856 18,866 18,866 18,809 18,855 16,039 16,580 29,702 20,850 239,102 EXPENSES General & Admin! Property Manage 820 881 767 764 754 764 752 754 642 1,861 834 9,664 Office Expenses -6 17 17 18 46 Bank charges -25 -25 Rental Commiss! 2,700 2,700 Electricity-CAM 189 474 490 481 454 496 533 460 133 133 146 132 4,122 Sweeping - CAM 316 158 158 300 300 300 300 300 300 300 300 3,030 Porter Service-C 70 30 90 60 32 90 32 30 100 102 32 85 755 Landscape -CA 640 320 320 320 320 320 320 320 320 320 320 3,840 Fire Sprinkler/Ala 150 150 150 160 600 Hard Surface Re 5,550 1,950 7,600 Asphalt-CAM 4,131 175 4,306 Elec. Supplies» 54 637 177 1,184 64 140 59 800 50 3,066 Mntc. Supplies - 67 300 357 Roofing Repair 2,025 355 731 605 3,616 R & M - CAM 40 70 110 Total General & A 4,330 1,923 2,001 3,462 12,343 2,042 2,088 2,022 1,553 2,311 6,092 4,421 43,588 TOTAL EXPENS 4,330 1,923 2,001 3,462 12,343 2,042 2,088 2,022 1,653 2,311 5,092 4,421 43,888 NET PROFITILO 16.168 20,101 17,181 15,393 6,512 16,813 16,721 16,833 14,486 14,269 24,610 16,429 195.616 P ISTMENTS , paid Rent In -1,584 -1,584 t-JP buyer/selle 1,159 1,169 Partners DIstri - 12,920 -17,327 - 35,698 -15,393 -6,512 -16.813 16721 -16,833 -63,364 -191,681 TOTAL ADJUSTM .11,762 -18,911 -35,698 -16,393 -6,512 -16,813 -16,721 -16,833 -53,364 -192.006 CASH FLOW 4,406 1,190 17,181 -20,305 -8,881 10,301 -92 112 -2,348 14,269 24,610 -36,935 3,508 Cash Flow (Cash) Page 1 TownCenter Kennedale - (KEN) KEN Oct 2009 1111912009 12;29 PM Prepared For: Prepared By: KENNEDALE ECONOMIC DEVELOPMENT COR QUINE & ASSOCIATES, INC. 405 MUNICIPAL DR PO BOX 833009 KENNEDALE, TX 76060 RICHARDSON, TX 75083 -3009 NET PROFIT /LOSS ADJUSTMENTS Partner's Distribution TOTAL ADJUSTMENTS CASH FLOW 2,547.09 13.12 37,881.52 19.25 16,871.91 86.88 - -- - -16,428.92 - 16,428.92 158,936.84 80.75 7 177,7 62.43 - 177,762.43 442.99 - 18,825.59 Beginning Cash 18,928.92 Ending Balance 19,371.91 Month to Date % Year t o Date % INCOME Rental income 16,568.00 85.32 161,952.50 82.29 % Rental Income 0.00 0.00 5,989.59 3.04 Tax Escrows 1,696.00 8.73 16,960.00 8.62 Insurance Escrows 115,00 0.59 1,150,00 0.58 CAM Escrows 1,040.00 5.36 10,179.50 5.17 PR YR Insurance Income 0.00 0.00 586.77 _ 0.3 TOTAL INCOME 19,419.00 100.00 196,818.36 100.00 EXPENSES General & Administrative Property Management 77616 4.00 7,872.73 4.00 Office Expenses 0.00 0.00 52.14 0.03 Rental Commissions 0.00 0.00 2,700.00 1.37 Electricity -CAM 224.56 1.16 3,193.78 1.62 Sweeping - CAM 300.00 1.54 2,857.50 1.45 Porter Service -CAM 90.00 0.46 654.98 0.33 Landscape - CAM 320.00 1.65 3,200.00 1,63 Fire Sprinkler /Alarm - CAM 150.00 0.77 600.00 0.30 rd Surface Repair -CAM 0.00 0.00 7,500.00 3.81 .,phalt »CAM 0,00 0.00 4,306.00 2.19 Elec. Supplies - CAM 60.39 0.31 2,357.96 1.20 Mntc. Supplies - CAM 0.00 0.00 300.00 0,15 Roofing Repair 625.38 3.22 2,216.07 1.13 R & M - CAM 0.00 _ 0.00 70.36 0.04 Total General & Admin 2,547.09 13.12 37,881.52 19.25 NET PROFIT /LOSS ADJUSTMENTS Partner's Distribution TOTAL ADJUSTMENTS CASH FLOW 2,547.09 13.12 37,881.52 19.25 16,871.91 86.88 - -- - -16,428.92 - 16,428.92 158,936.84 80.75 7 177,7 62.43 - 177,762.43 442.99 - 18,825.59 Beginning Cash 18,928.92 Ending Balance 19,371.91 2MR7 , 0171M To KEDC Board of Directors Date: January 8, 2010 Agenda Item No: III -C. Subject: Review and consider action to submit Petition to MMD for financing improvements and maintenance of properties located within the Kennedale Retail Center Addition. Originated by: Kathy Turner, City Secretary Summary: The attached petition is submitted in accordance to the MMD Bill, which requires the property owner (KEDC) to submit a petition to finance improvements and to impose a maintenance assessment of properties within the MMD to the Board of Directors prior to such action taken place. By approving this petition, the MMD Board will be able to assess a value on real property in the district and use the proceeds of the tax, assessment, or impose fee for: (1) any district purpose, including the payment of debt or other contractual obligations; or (2) the payment of maintenance and operating expenses. approval Recommendation: Moved to approve Petition and submit recommendation to the MMD Board of Directors for improvements and to impose a maintenance assessment of properties located within the Kennedale Retail Center ,4ddition. Disposition by KEDC Board of Directors: PETITION REQUESTING THE MMD TO FINANCE IMPROVEMENTS /IMPOSE A MAINTENANCE ASSESSMENT OF PROPERTIES LOCATED IN THE KENNEDALE RETAIL CENTER TO THE MUNICIPAL MANAGEMENT DISTRICT BOARD OF DIRECTORS OF THE CITY OF KENNEDALE, TEXAS, TARRANT COUNTY, TEXAS: The undersigned owner of the hereinafter described property, being more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference for all purposes of this Petition, does hereby petition the MMD Board of Directors to allow for financing improvements and to impose a maintenance assessment of properties located within the Kennedale Retail Center located within Kennedale, Tarrant County, Texas, and does hereby certify and represent the following: The Kennedale Economic Development Corporation owns the property described in Exhibit "A ", and no other entity or person has an ownership interest in said property. 2. Robert P. Mundy certifies that he holds the position of President of the Kennedale Economic Development Corporation and as such has the authority to sign this petition on behalf of said corporation. President, Robert P. Mundy Kennedale Economic Development Corp. STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this day of January 2010, by Robert P. Mundy, President of the Kennedale Economic Development Corporation, a Texas Non - Profit Corporation, on behalf of said corporation. Notary Public in and for the State of Texas (SEAL) Type or Print Notary's Name Commission Expiration EXHIBIT "A" An approximately 6.868 acre tract, more particularly described as Lots 1R, 2R, 3R, 4R, 5, 6, 7, and 8, Block A, Kennedale Retail Center Addition, and a 0.781 acre right -of -way being known as Municipal Drive and being a strip of land located in the Canzada Rose Survey, Abstract 1285, Tarrant County, Texas, being a total of 7.649 acres. To KEDC Board of Directors Date: January 8, 2010 Agenda Item No: III -D. Subject: Review and consider action to approve Resolution No. 4, of the Kennedale Economic Development Corporation approving a Project Agreement with the City of Kennedale, Texas with respect to the Issuance of the City's Combination Tax and Revenue Certificates of Obligations, Series 2010. Originated by: Kathy Turner, City Secretary Summary: The attached resolution and project agreement will finalize action needed to issue combination tax and revenue certificates of obligations for the financing, construction, acquisition and payment of the current improvements to the Kennedale TownCenter, and will allow the City Council to sale the Certificates of Obligations on January 14, 2010 with an expected delivery on February 10, 2010. Recommendation: Motion to approve Resolution No. 4 of the Kennedale Economic Development Corporation approving a Project Agreement with the City of Kennedale, Texas with respect to the Issuance of the City's Combination Tax and Revenue Certificates of Obligations, Series 2010, and forwards a recommendation to City Council to consider same. RESOLUTION NO. RESOLUTION OF THE KENNEDALE ECONOMIC DEVELOPMENT CORPORATION APPROVING A PROJECT AGREEMENT WITH THE CITY OF KENNEDALE, TEXAS WITH RESPECT TO THE ISSUANCE OF THE CITY'S COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010 STATE OF TEXAS § COUNTY OF TARRANT § KENNEDALE ECONOMIC DEVELOPMENT CORPORATION § WHEREAS, at an election held on August 10, 1996, a majority of the citizens of the CITY OF KENNEDALE, TEXAS (the "City ") voting at said election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of one -half of one percent (the "Economic Development Sales Tax ") to be used exclusively for the purposes set forth in the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as amended (effective as of April 1, 2009, the Development Corporation Act of 1979 was amended and codified as Texas Local Government Code, Title 12, Subtitle C1, Chapters 501 through 507) (the "Act "); and WHEREAS, pursuant to the provisions of the Act, the City created the KENNEDALE ECONOMIC DEVELOPMENT CORPORATION (the "Corporation ") as a nonstock, nonprofit industrial development corporation to act on behalf of the City to satisfy the public purposes set forth in Section 413 of the Act; and WHEREAS, the City has designated an area of the City for development as a new downtown area to provide public gathering space and to spur new economic development, all with access to municipal buildings and services (the "Town Center District Project "); and WHEREAS, pursuant to Section 271.049, Texas Local Government Code, the City Council of the City, on December 10, 2009, deemed it advisable to give notice of intention to issue certificates of obligation (the "Certificates of Obligation ") for the purpose of paying, in whole or in part, contractual obligations incurred to make public infrastructure improvements to the Town Center District Project, to wit: (1) construct improvements and extensions to the City's waterworks, sewer and storm sewer systems; (2) construct, improve and repair City streets, parking lots and sidewalks, together with drainage improvements, utility line construction, relocation and replacement, utilities improvements, traffic and street signalization, landscaping and lighting improvements; (3) relocate and restore historic section house; (4) provide local match for federal grant to make street, sidewalk, landscaping, intersection, and lighting improvements; and (5) pay all or a portion of the City's contractual obligations for professional services rendered by engineers, attorneys, and financial advisors in connection with the above projects; and WHEREAS, the Board of Directors of the Corporation hereby deems it advisable and approves that the principal and interest on the Certificates of Obligation be paid from the Economic Development Sales Tax; and WHEREAS, the Corporation finds it necessary and advisable to enter into a Project Agreement with the City, as attached hereto as Exhibit A, (the "Project Agreement ") to evidence the duties and responsibilities of the respective parties with respect to the financing, construction, acquisition and payment of the current improvements to the Town Center District Project; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENNEDALE ECONOMIC DEVELOPMENT CORPORATION THAT: SECTION 1. Approval of Project Agreement The Project Agreement attached hereto as Exhibit A is hereby approved, and the President and Secretary of the Corporation are authorized to approve any changes and execute the Project Agreement on behalf of the Corporation. SECTION 2. Incorporation of Recitals The findings and preambles set forth in this Resolution are hereby incorporated into this Resolution and made a part hereof for all purposes. SECTION 3. Effective Date This Resolution shall become effective immediately upon its passage and approval. [The remainder of this page intentionally left blank.] PASSEDANDAPPROVED BYTHEBOARD OFDIRECTORS OFTHEKENNEDALE ECONOMIC DEVELOPMENT CORPORATION ON THE 12"' DAY OF JANUARY, 2010. LOW President, Board of Directors ATTEST: Secretary, Board of Directors (SEAL) [SIGNATURE PAGE TO CORPORATION's RESOLUTION] EXHIBIT A PROJECT AGREEMENT Draft dated January 6, 2010 PROJECT AGREEMENT THIS AGREEMENT (the "ProjectAgreement "), dated as of January 14, 2009, is executed by and among the CITY OF KENNEDALE, TEXAS (the "City ") and the KENNEDALE ECONOMIC DEVELOPMENT CORPORATION (the "Corporation "). WITNESSETH.• WHEREAS, at an election held on August 10, 1996, a majority of the citizens of the City voting at said election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of one -half of one percent (the "Economic Development Sales Tax ") to be used exclusively for the purposes set forth in the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as amended (effective as of April 1, 2009, the Development Corporation Act of 1979 was amended and codified as Texas Local Government Code, Title 12, Subtitle C1, Chapters 501 through 507) (the "Act "); and WHEREAS, pursuant to the provisions of the Act, the City created the Corporation as a nonstock, nonprofit industrial development corporation to act on behalf of the City to satisfy the public purposes set forth in Section 4B of the Act; and WHEREAS, the City has designated an area of the City for development as a new downtown area to provide public gathering space and to spur new economic development, all with access to municipal buildings and services (the "Town Center District Project "); and WHEREAS, the Board of Directors of the Corporation, in connection with the issuance of the Corporation's Sales Tax Revenue Bonds, Taxable Series 2007, and as the Board of Directors of a corporation created by an eligible city with a population of 20,000 or less, has previously found the Town Center District Project to promote new or expanded business development; and WHEREAS, pursuant to the requirement set forth in Section 505.158(b) of the Act, the City Council, as the governing body of the City and in connection with the issuance of the Corporation's Sales Tax Revenue Bonds, Taxable Series 2007, duly approved a resolution authorizing the Town Center District Project after giving the resolution two separate readings; and WHEREAS, a notice describing the Town Center District Project was published in the South Tarrant on August 3, 2006, which notice satisfies the requirement set forth in Section 505.160 of the Act; and WHEREAS, in satisfaction of the requirements set forth in Section 505.159 of the Act, the Corporation has held at least one public hearing on the Town Center District Project, including specifically a public hearing held on August 15, 2006; and WHEREAS, pursuant to Section 271.049, Texas Local Government Code, the City Council of the City, on December 10, 2009, deemed it advisable to give notice of intention to issue certificates of obligation (the "Certificates of Obligation ") for the purpose of paying, in whole or in part, contractual obligations incurred to make public infrastructure improvements to the Town Center District Project, to wit (1) construct improvements and extensions to the City's waterworks, sewer and storm sewer systems; (2) construct, improve and repair City streets, parking lots and sidewalks, together with drainage improvements, utility line construction, relocation and replacement, utilities improvements, traffic and street signalization, landscaping and lighting improvements; (3) relocate and restore historic section house; (4) provide local match for federal grant to make street, sidewalk, landscaping, intersection, and lighting improvements; and (5) pay all or a portion of the City's contractual obligations for professional services rendered by engineers, attorneys, and financial advisors in connection with the above projects; and WHEREAS, at a meeting on January 12, 2010, the Board of Directors of the Corporation deemed it advisable and approved that the principal and interest on the Certificates of Obligation, or any refunding bonds later issued to refinance the Certificates of Obligation, be paid from the Economic Development Sales Tax; and WHEREAS, it is expected that the Certificates of Obligation shall be sold by the City on January 14, 2010 and are expected to delivered on February 10, 2010; and WHEREAS, the parties hereto find it necessary and advisable to enter into this Project Agreement to evidence the duties and responsibilities of the respective parties with respect to the financing, construction, acquisition and payment of the current improvements to the Town Center District Project; NOW THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the City and the Corporation contract and agree as follows: SECTION 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. The terms and expressions used in this Project Agreement, unless the context shows clearly otherwise, shall have the meanings set forth herein, including terms defined in the Preambles hereto, which preambles are incorporated in and made a part hereof for all purposes. SECTION 2. OBLIGATION OF THE CORPORATION TO PAY FOR THE TOWN CENTER DISTRICT PROJECT. The Corporation agrees to pay, and will pay, the debt service of the Certificates of Obligation, or any refunding bonds later issued to refinance the Certificates of Obligation, by transferring an amount of Economic Development Sales Tax on a timely annual basis with regard to principal (i.e., on or before April 15 of each year beginning in 2011) and on a timely semi - annual basis with regard to interest (on or before April 15 and October 15 of each year beginning 2010) to the City for further payment of the Certificates of Obligation until the end of the term of this Project Agreement as specified below in Section 8. SECTION 3. OBLIGATION OF THE CITY TO PROVIDE NOTICE OF AMOUNT OF ECONOMIC DEVELOPMENT SALES TAX DUE. The City agrees to certify and provide to the Corporation on a timely annual basis the total debt service requirements for the Certificates of Obligations for the upcoming fiscal year. Such certification shall include specifically the amounts 2 due by the Corporation on or before April 15 of the upcoming fiscal year (with respect to principal and interest) and on or before October 15 of the upcoming fiscal year (with respect to interest) to the City for the payment of principal and interest of the Certificates of Obligations. SECTION 4. ACQUISITION AND CONSTRUCTION CONTRACTS AND USE OF TRANSFERRED ECONOMIC DEVELOPMENT SALES TAX SOLELY FOR PAYMENT OF PROJECT FINANCING COSTS. The City, and if necessary, the Corporation, will enter into such contracts as are necessary to provide for acquiring and constructing the Town Center District Project. The City agrees that any Economic Development Sales Tax transferred to it pursuant to this Project Agreement shall only be used for the payment of the Certificates of Obligations. SECTION 5. AGREEMENT TO PROCEED PROMPTLY. The City and the Corporation agree to proceed promptly with the construction of the Town Center District Project. The City and Corporation hereby covenant that they will make a diligent effort to complete such acquisition and construction as soon as practicable. The City and the Corporation do not anticipate any delays in completing the construction of the Town Center District Project, but the City and the Corporation shall not be liable to each other for any damages caused by any delays in completion of the Town Center District Project. SECTION 6. FORCE MAJEURE. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Project Agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. It is specif- ically excepted and provided, however, that in no event shall any Force Majeure relieve the Corporation of its obligation to transfer Economic Development Sales Tax revenues to the City, as described above, for the payment of the Certificates of Obligation. SECTION 7. REGULATORY BODIES. This Project Agreement and the Town Center District Project shall be subject to all valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. SECTION 8. TERM OF PROJECT AGREEMENT. The term of this Project Agreement shall be for the period during which the Certificates of Obligation, or any refunding bonds later issued to refinance the Certificates of Obligation, or any interest thereon are outstanding and unpaid. All obligations set forth herein for the Corporation to pay debt service on the Certificates of Obligation shall also be deemed to include the payment of debt service on any such refunding bonds issued to refinance the Certificates of Obligation. [The remainder of this page intentionally left blank.] 4 IN WITNESS WHEREOF, the Corporation and the City, acting under authority of their respective governing bodies, have caused this Project Agreement to be duly executed in several counterparts, each of which shall constitute an original, all as of the date first written above, which is the date of this Project Agreement. ATTEST: City Secretary (SEAL) ATTEST: Secretary, Board of Directors (SEAL) CITY OF KENNEDALE, TEXAS Mayor KENNEDALE ECONOMIC DEVELOPMENT CORPORATION President, Board of Directors MIA [SIGNATURE PAGE TO PROJECT AGREEMENT] Staff Report To KEDC Board of Directors Date: January 8, 2010 Agenda Item No: III -E. Subject: Review and consider action to authorize President to sign necessary easement documents for the TownCenter Project. Originated by: Kathy Turner, City Secretary Summary: This item is on the agenda to receive authorization for President Mundy to sign necessary water line and /or sewer line easement documents for the development of the TownCenter. Recommendation: Disposition by KEDC Board of Directors: To KEDC Board of Directors Date: January 4, 2010 Agenda Item No: III -F Subject: Review and consider action to change date and time of future meetings. Originated by: Kathy Turner, Secretary Summary: Discussion will take place to see if there is a need to schedule any upcoming workshops and /or special meetings, as well as discuss the February 16, 2010 regular meeting date to see if there is a need to reschedule. Recommendation: N-IT'Im To KEDC Board of Directors Date: January 8, 2010 Agenda Item No: N. Subject: Staff Announcements /Reports Originated by: Bob Hart, Executive Director Summary: Board of Directors will receive announcements /reports from the following: A. KEDC Executive Director 1. Industrial activity: • 1000 E. Kennedale Parkway • Grover Corporation 2. Kennedale TownCenter Activity • 9 -1 -1 Monument • Section House • Bid Activity 3. 16" Water Line Extension 4. Oak Crest Development 5. Fallen Heroes Monument B. Orasi Development Report Recommendation: Disposition by KEDC Board of Directors: F T MM =1 To KEDC Board of Directors Date: January 4, 2010 Agenda Item No: V. Subject: President Announcements /Reports Originated by: Kathy Turner, KEDC Secretary Summary: President Announcements /Reports 1. Report agenda items to be posted for future meetings. Recommendation: Disposition by KEDC Board of Directors: tafe w r / /o 411 t� 00c) { cz L - ?) 4 C� v r � C-1 0 aot 4-t) h i i 3 _ f Zit -�►/+ �- TL t } VV( vd -3o I J a4 OL ( )ptttto L&V l o i � \ � 1 r J (ad k mltt -jL—t,ej �,�C. 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