Loading...
HomeMy WebLinkAboutT-4493 - Agreement/Covenant - 6/29/2006 (5) PLEASE CONFOW r �2 Recordin f?e�+uesfed h ,9IZ00,'Z00,01038a9 9 y X01 City Clerk, Fresno, California No Fee Govt. Code n 103 Rerurn tom 0r'VE iF E NI L'` '.; 'i�-'E J ttI APN: 312-101-41 CITY of FRESNO Tract No. 4493 Development Department Building& Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN RECITALS A. WHEREAS,The McCaffrey Group,Inc.,a California corporation,hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and more particularly described as follows and by this reference made part of this Statement of Covenants: Lots 1 through 84, inclusive, of Tract No. 4493, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on , 2001 in Volume ' of Plats at Pages , Fresno County Records. and B. WHEREAS, Covenantor hereby warrants that any and all parties having record title interest in the Subject Property, which may ripen into a fee, have subordinated to this Statement of Covenants Deferring Fees and Creation of Lien Page 2 instrument and all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and C. WHEREAS, the conditions of approval of Vesting Tentative Tract No.4493 (hereafter, "Project"), require the payment of applicable sewer connection charges, water connection charges, Urban Growth Management fees and/or the Millbrook Overlay Sewer fee (hereafter, "Fees") in accordance with the provisions of Chapters 9, 11, 12 and 14 of the Fresno Municipal Code, Resolution No. 95-117 and Resolution No. 95-118 (hereafter, "Ordinances and Resolutions"); and D. WHEREAS, said Ordinances and Resolutions provide the Covenantor the option to defer certain Fee obligations,more particularly identified in the attached Exhibit"A",to the time of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12- 4.604 of the Fresno Municipal Code; and E. WHEREAS,the Covenantor, as a condition of issuance of building permit(s) for the Project pursuant to the provisions of the latest edition of the Uniform Building Code as adopted by the State of California and as amended by the City of Fresno, including any subsequent extension and expiration of such permit and the re-issuance of a new building permit for any expired permit on any lot or parcel of the Subject Property, desires to defer the payment of the Fee obligations identified in Exhibit "A"pursuant to the requirements of said Section 12-4.604 until such time that the Covenantor or successors and assigns requests ' Statement of Covenants Deferring Fees and Creation of Lien Page 3 the issuance of a Certificate of Occupancy. NOW, THEREFORE, the Covenantor hereby covenants as follows: COVENANTS. CONDITIONS. AND RESTRICTIONS 1. For the express purpose of administering the fee deferral process,the Fee obligations for the Project may be prorated by the City to each lot,parcel,unit or building on the Subject Property in the manner established by the Planning and Development Director. The intent of this provision is to prorate the Fee obligations of common use areas,outlots,public street easements and similar miscellaneous areas ofthe Project in a reasonable manner to each lot, parcel,unit or building ofthe Project to facilitate reasonable administration ofthe fee deferral process. 2. At the sole discretion of the Planning and Development Director,when the proration of a Fee obligation is not feasible to be administered on a lot,parcel, unit or building basis, the Covenantor may be required to pay the total Fee obligation for such fee for the Project with the first request for issuance of a certificate of occupancy for the Project. 3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot,parcel, unit or building as identified on the attached Exhibit "B", at any time after the recordation of this instrument. The Fee obligations stated in said Exhibit"B" shall be maintained by the Planning and Development Director and shall be adjusted to reflect the Fee rates in effect at the time payment is made, and may be adjusted to account for any subsequently approved Statement of Covenants Deferring Fees and Creation of Lien Page 4 reconfiguration to the size or number of lots,parcels, units or buildings. When Covenantor elects to pay one or more of the deferred Fees in advance of the request for issuance of a Certificate of Occupancy, the full amount of such Fee must be paid. The remaining unpaid deferred Fees for that lot, parcel, unit or building shall be paid in full at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. 4. The actual Fee obligations shall be recalculated by the City at the time of payment at the fee rates in effect at the time of such payment. For the purpose of fee recalculations,the fee credits applied in Exhibit"A"to establish Fee obligations shall not be adjusted during the effective term of this Statement. Any additional credits established after the recordation of this instrument shall be reimbursed in the manner established by the section of the Fresno Municipal Code relating to that specific Fee. 5. Additional new fee obligations not listed on Exhibit"A", but in effect at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy, will be applicable to this Project if such new fee(s)is/are duly established by the City Council in accordance with Government Code Section 66498.1. 6. At the sole discretion of the Planning and Development Director, a request for "temporary utility connection" or a "temporary or safe to occupy" may be made subject to the provision of an additional cash security deposit representing a portion or all of the <�. Statement of Covenants Deferring Fees and Creation of Lien Page 5 deferred Fee amounts. 7. Notwithstanding any of the above payment times,the maximum period for deferment of Fees for a lot,parcel, unit or building shall be limited to a period of one(1)year after final inspection of a building. This time period approximates with the Uniform Building Code and Fresno Municipal Code period which provides for an active permit life of 180 days,after last inspection,with provisions for one(1)extension of said permit,not to exceed a period of 180 days. 8. Covenantor hereby waives any claim that the provisions of this covenant violate Government Code Section 65 96 1. 9. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner ofthe Subject Property,heirs,representatives, successors and assignees. The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement. 10. The conditions of this Statement are intended to benefit the public and public properties. Accordingly,the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferable in any manner to any Statement of Covenants Deferring Fees and Creation of Lien Page 6 person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 11. In the event that litigation is instituted to enforce the processing of this covenant,the parties agree that the prevailing parry shall be paid reasonable attorney's fees. 12. The conditions and obligations of this Statement, for each lot or parcel of the Subject Property, shall be of no further force and effect upon satisfaction of the Fee obligations for such lot or parcel. 13. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Fee obligations for all lots,parcels,units or buildings of the Project on the Subject Property are fully satisfied. 14. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Deferring Fees and Creation of Lien Page 7 DATED: �c7��y g 7 0/ CITY OF FRESNO, COVENANTOR a Municipal Corporation THE McCAFFREY GROUP INC., A CALIFORNIA CORPORATION By: i P. Yovino, Director Planning Development Department By: Robert A. McCaffre , Vresident APPROVED AS TO FORM: HILDA CANTLY MONTOY City Attorney By: ' David CiabaftaA, Chief Operating Officer By: Deputy (Covenantor: Attach Notary ATTEST: Acknowledgments) REBECCA E. KLISCH CITY CLERK By qty STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On September 24, 2001, before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Publi�qi V L.S. My Commissiores: A ril 9 003 NICOLE M. GAIVAN N Comm.f 1111490 'n NOTARY PUBLIC•CALIFORNIA Fresno County My Comm. Expires April 29,2003 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On 0 2 2001,before me,Cindy Hamby, Deputy,personally- appeared ersonallyappeared , .z c k� -� , known to me(or proved to me on the basis of satisfacto evidence) to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk BY: � Deputy - SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder in Document No. 96-054302 of which the Deed of Trust in by and between Trend Homes, Inc., a California corporation,as Trustor,American Securities Company.,a corporation,as Trustee, and Wells Fargo Bank, N.A, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Tract Map No. 4493. DATED: September 19 , 2001 BENEFICIARY WELLS FARGO BANK &Z'XZ7', al ssociat*ion By: �•M 44"', Kristin P. Miller Vice President By: �M-U�Qp L(I Lisaha ffer Vice Odent (Attach Notary Acknowledgment) STATE OF CALIFORNIA COUNTY OF Contra Costa u. On this 19"' day of September , 20 01 , before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kristin P. Miller and Lisa Z. Schaeffer personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that #ek;!;Wthey executed the same in Ui 4mw4their authorized capacity(ies), and that by Uis,Iw4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ' LAURIE M. GEIGER Signature Commission#1264901 Notary Public-California Contra Costa County My commission expires June 19, 2004 My Comm.apkresJun 19=4 EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Note: Total deferred fees do not include fees paid for those lots with Early Issuance of Building Permits Project Zoning: R-1/UGM I. WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) _-_ inch Services @ $_/Service = $ N/A B. Meters (flat rate cost basis only) 78 - 1 inch Meters @ $ 320.00/Meter = $ 24,960.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: B 17.8056 Gross Acres @ $ 560/GA = $ 9,971.14 Less TGM Credit = $ 145.211.00 Estimated Net Deferred UGM TGM Charge = $ Paid w/Credits D. Transmission Grid Main Bond Debt Service Charge For Parcels 5 Gross Acres and Above 17.8056 Gross Acres @ $243.00/ac. _ $ 4,326.76 Less TGM Bond Debt Service Credit = $ 0.00 Estimated Net Deferred TGM Bond Debt Service Charge = $ N/A Subject to vesting tentative map date,fee is not applicable until 2-years after date of final map recordation. E. Frontage Fee 0 Lineal Feet @ $ 6.50 /LF = $ 0.00 Estimated Deferred Frontage Fee = $ N/A F. 1994 Bond Debt Service Fee 301 1994 Bond Debt Service Area. 84 Units @ $60.00/Unit = $ 4,680.00 G. The following water connection charges are not deferrable or prorated under the terms of this covenant: 1. Service Connections for common, landscape and other miscellaneous areas, and Time &Materials cost basis 2. Meters for common, landscape and other miscellaneous areas, and Time & Materials cost basis 3. Fire Hydrant Charge 4. UGM Water Supply Fee 5. Wellhead Treatment Fee 6. Recharge Fee II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES* A. UGM Oversize Sewer Charge UGM Reimbursement Area: 40 82,782 Square Feet @ $ 0.05/Sq. Ft = $ 4,139.10 Less Oversize Credit = $ 1,389.00 Less Estimated Over-depth Credit = $ 2,042.00 Estimated Net Deferred UGM Oversize Charge = $ 661.19 B. Lateral Sewer Charge Square Feet @ $ 10.00 /Sq. Ft = $ N/A C. Housebranch Sewer Charge = $ N/A D. Millbrook Sewer Overlay Net Adj Gross Ac @ $ /NAA = $ N/A Units @ $ /Unit = $ N/A E. The following sewer connection charges are not deferrable under the terms of this covenant: 1. Trunk Sewer Charge 2. Wastewater Facilities Sewer Charge III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 16 17.8056 Gross Acres @ $ 1,242.00 GA = $ 20,649.37 B. UGM Neighborhood Park Fee Service Area: 4 17.8056 Gross Acres @ $ 1,230.00 GA = $ 20,449.86 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: E-4 16.8108 Net Adj Acres @ $ 2.435.00/NAA = $ 40,934.30 Less Estimated Major Street Credits = $ 125,734.00 Major Street Charge = $ Paid w/Credits E. UGM Major Street Bridge Charge Service Area: E-4 16.8108 Net Adj Acres @ $_L3 5.00/NAA = $ 2,269.46 Less Estimated Major Street Bridge Credits = $ 0.00 Major Street Bridge Charge = $ 2,119.10 F. UGM Traffic Signal Charge 16.8108 Net Adjusted Acres @$ 860 /NAA= $ 14,457.29 Less Estimated Traffic Signal Credits = $ 0.00 Major Street Bridge Charge = $ 13,499.42 G. UGM Grade Separation Charge Service Area: Net Adjusted Acres @ $ /NAA = $ N/A H. UGM At-Grade Railroad Crossing Charge Service Area: Net Adjusted Acres @ $ /NAA = $ N/A I. The following charges are not deferrable under the terms of this covenant: 1. UGM Major Street rights of way acquisition and construction 2. UGM Local Street rights of way acquisition and construction 3. UGM Major Street Bridge rights of way acquisition and construction document:\wp51\covt4493 September 20,2001 EXHIBIT 13"-- PRORATED FEE ODLIGATION5 . T-4493 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Oversize Station Park Bridge 5ignal No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due 001 8824 320.00 60.00 $11.40 $356.08 $352.64 $36.54 $232.80 002 7740 $320.00 $60.00 $10.00 $312.36 $309.34 $32.05 $204.16 003 7740 $320.00 $60.00 $10.00 $312.36 $309.34 $32.05 $204.16 004 7740 $320.00 $60.00 $10.00 $312.36 $309.34 $32.05 $204.16 005 7740 $320.00 $60.00 $10.00 $312.36 $309.34 $32.05 $204.16 006 7740 $320.00 $60.00 $10.00 $312.36 $309.34 $32.05 $204.16 007 7740 $320.00 $60.00 $10.00 $312.36 $309.34 $32.05 $204.16 008 7455 $320.00 $60.00 $9.63 $300.81 $297.91 $30.87 $196.68 009 7325 $320.00 $60.00 $9.47 $295.60 $292.74 $30.33 $193.24 010 11471 $320.00 $60.00 $14.82 $462.89 $458.42 $47.51 $302.63 011 7751 $320.00 $60.00 $10.02 $312.74 $309.71 $32.10 $204.51 012 6000 Paid Paid Paid Paid Paid Paid Paid 013 6000 Paid Paid Paid Paid Paid Paid Paid 014 6000 Paid Paid Paid Paid Paid Paid Paid 015 6000 Paid Paid Paid Paid Paid Paid Paid 016 6000 Paid Paid Paid Paid Paid Paid Paid 017 6432 $320.00 $60.00 $8.31 $259.58 $257.07 $26.64 $169.68 018 6932 $320.00 $60.00 $8.96 $279.70 $277.00 $28.71 $182.92 019 6300 Paid Paid Paid Paid Paid Paid Paid 020 6300 $320.00 $60.00 $8.14 $254.24 $251.78 $26.10 $166.24 021 6300 $320.00 $60.00 $8.14 $254.24 $251.78 $26.10 $166.24 022 6300 $320.00 $60.00 $8.14 $254.24 $251.78 $26.10 $166.24 023 6300 $320.00 $60.00 $8.14 $254.24 $251.78 $26.10 $166.24 024 6300 $320.00 $60.00 $8.14 $254.24 $251.78 $26.10 $166.24 025 6300 $320.00 $60.00 $8.14 $254.24 $251.78 $26.10 $166.24 026 7088 $320.00 $60.00 $9.16 $286.03 $283.27 $29.35 $186.96 027 7006 $320.00 $60.00 $9.05 $282.68 $279.95 $29.01 $184.81 028 6119 $320.00 $60.00 $7.91 $246.91 $244.52 $25.34 $161.42 029 6060 $320.00 $60.00 $7.83 $244.55 $242.19 $25.10 $159.87 030 7180 $320.00 $60.00 $9.28 $289.76 $286.96 $29.74 $189.46 031 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 032 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 033 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 034 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 035 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 036 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 037 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 038 1 6000 1 $320.00 1 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 document:\q\print\h 20-5op-01 EXHIBIT"B"-- PRORATED FEE 013LIGATION5 T-4493 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due 039 6066 $320.00 $60.00 $7.84 $244.80 $242.43 $25.12 $160.05 040 6098 $320.00 $60.00 $7.88 $246.04 $243.66 $25.26 $160.91 041 8508 $320.00 $60.00 $10.99 $343.29 $339.97 $35.23 $224.46 042 6535 $320.00 $60.00 $8.44 $263.68 $261.13 $27.07 $172.43 043 6037 $320.00 $60.00 $7.80 $243.68 $241.33 $25.00 $159.27 044 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 045 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 046 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 047 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 048 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 049 6422 $320.00 $60.00 $8.30 $259.21 $256.70 $26.60 $169.42 050 6623 $320.00 $60.00 $8.56 $267.28 $264.70 $27.43 $174.75 051 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 052 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 053 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 054 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 055 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 056 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 057 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 058 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 059 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 060 6645 $320.00 $60.00 $8.59 $268.15 $265.56 $27.51 $175.27 061 6621 $320.00 $60.00 $8.56 $267.15 $264.57 $27.42 $174.67 062 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 063 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 064 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 065 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 066 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 067 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 068 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 069 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 070 6130 $320.00 $60.00 $7.92 $247.41 $245.02 $25.39 $161.77 071 6643 $320.00 $60.00 $8.58 $268.02 $265.43 $27.51 $175.27 072 6422 $320.00 $60.00 $8.30 $259.21 $256.70 $26.60 $169.42 073 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 074 6140 $320.00 $60.00 $7.93 $247.78 $245.39 $25.43 $162.02 075 6571 $320.00 $60.00 $8.49 $265.17 $262.61 $27.22 $173.38 076 9144 $320.00 1 $60.00 $11.82 $369.00 $365.43 $37.87 $241.23 document:\q\print\h 20-5ep-01 EXHIBIT"B"--PRORATED FEE 015LIGAT10N5 T-4493 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water 5ewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Oversize Station Park Bridge 5ignal No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due 077 6464 $320.00 $60.00 $8.35 $260.82 $258.30 $26.77 $170.54 078 6099 $320.00 $60.00 $7.88 $246.16 $243.79 $25.26 $160.91 079 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 080 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 081 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 082 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 083 6000 $320.00 $60.00 $7.75 $242.19 $239.85 $24.85 $158.33 084 6432 $320.00 $60.00 $8.31 $259.58 $257.07 $26.64 $169.68 document:\o1\print\h 20-5ep-01