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HomeMy WebLinkAboutMINUTES - 01152002 - C.15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 15, 2002,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier , Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/13 SUBJECT: Approval of Drainage Improvement Agreement for Water Quality Pond 5/9, DA 0008(cross-reference Subdivision 7976),being developed by Windemere BLC Land Company, LLC, Dougherty Valley area. (District III) The following document was presented for Board approval for Water Quality Pond 5/9, drainage improvement agreement file DA 0008(cross-reference Subdivision 7976)property located in the Dougherty Valley area., Supervisorial District III. A Drainage Improvement Agreement with Windemere BLC Land Company,LLC,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors originator: Public works(ES) on the date shown. Contact: Teri Rio(313-2363) 0:\GrpData\EngSvc\BO\2001\TenV\DA 0008 BO 15.doc WL:lad ATTESTED: January 15 2002 cc: Pubic works- R.Bruno,Construction 7 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T-11-15-02(P1) Windeere BLC,LLC County Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 The American Insurance Company 5 Peters Canyon Irvine,CA 92606 By �,• `� � , Deputy RESOLUTION NO.2002/ 1 SUBJECT: Approval of Drainage Improvement Agreement for Water Quality Pond 5/9, DA 0008(cross-reference Subdivision 7976),being developed by Windemere BLC Land Company, LLC, Dougherty Valley area. (District IIT) DATE: January 15, 2002 PAGE: 2 I. ,Cash Bond Performance Amount: $5,200.00 Auditor's Deposit Permit No. DP 379245 Date: December 24, 2401 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 II. ,surety Bond :Band Company: The American Insurance Company Bond Number and Date: 11133599388,December 19,2001 Performance Amount: $512,800.00 Labor&Materials Amount: 259,040.00 Principal: Windemere BLC Land Company,LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Warks Department. RESOLUTION NO. 2042/13 �j . V DeVelbPM int NO: DA 0008 X-Ref Sub 7976 Bond: 111 3359 9388 Premium: $1,795.00 FOR DRAJNAGE DaROVEMENT AGR EMTXr (faithful peffoarmce&tnaint=ance,A labor and materials) I(3T�T: Windemere BLC' Land-Company, LLC Itinciva.D. as Principal, and The American Insurance Company a corporation ofgmized and edsmtg under the laws of the State of Nebraska and org=ized and existing under the laws of the State of California,as Surety,hereby jointly and severa.Uy bind otuselvM our heirs,ex=aws,administrators,successors and awigns to the County of Contra Costa„ CaSi mea,to pay it; A. ' ithftgl Pear'fortnancx, &iVlaitttet"Ce: Five hundred Twelve Thousand, Eight hundred and 0&0 ( ' 512,800.00 ... 1 for itselfor any city- oder the below-cites Drainage Inqirovetne=Agreement,plus • a 13- LAbar& tet'jaU: Two hundred Fifty dine Thousand and no/100 www r Z.for the benefit cfpersons proteaed under Title 15 § ct seq. ofthe'California Civil Cade. u. r UQM&LD'C0NnA, *- pritwipal.cmnatmA with the County to install aapayfardrazage and oflwirapwvemectsiuTract 7976 as specified in tete image =encs Agreemenk and to cvmplc a said work_within the 4sae wed in the DraiWe ItuprovemM Agre=M ft compleam'sill in accouc vnih State and local laws and rulings dMeunder is auto saddy the=Mons of'appJoval for Tract 7975 r 3, If ft PdlldPd faxtitfUUY PUIbf=811 thlugs rcqUilli WC04rS to the MW Md conditions of said conUW and iwrov==plate and improvements agreed on by the prmicipal and the C•outtry,then this obl pdoig as to Section 1-(A) above shall become mull and void, except that The guaaatce of rna intenarlce cantinm for the one-year period;and ifprincipal finely pays the contraMr-%nbcoMt ctots, and persons reratmg equipment or f unislung tabor or meals to them for said worst=W irsprovem t,and protein the p from claims of mch liem,there this oblig4m as to Section 1-•(B)above shall became null and void;otherwise this obligation remains in full force and effect,. No altctudon of said coutract or any plans or spex if cations of said work agreed to by the Principal std the county shall relieve any s xtty from liability on This bond; and cousent. is hereby given to wake such alu= ions without firth=notice to or cons=by Surety; and the Surety bereby wives the provision of Califarniak Civil Code§2919, and holds itself bound without regard to and independently of any action. agaixsst principal wh=cvcr taken,and agrees that if County sites on dais bmcL Surety will pay reasonable anorney fess r,xcd by court to be taxed as costs and included in the judgement. 3. Ciar�n•rax• A. The Condition of this obligation as to Section 2.(A) above is such that if the above bouuded Principal,his or its heirs, executors,adrnintisUw=, successors or assigns,shall in all things stand to and abide by,wd well and truly keep and perform the covenants.conditions and provisions in the said agreement and any alteration thereof .made as Owm provided, on is or its part,to be kept and pet'fomed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall ind=nify and save harmless the County of Coarm Costa (or city assignee), its oft=,age=and employees,as therein stipufat4 then this obligation shall become null and void;otherwise it shall be and remain in hall force and effect. As part of the obligation secured h=tby and iu addition to the face=o=t specified therefore,them shall be included costs and reasonable expemes and fees, including reasonable attorney's fees, Mcurred by County(or city assign)in successfu ly=forcing such obligation, all to be taxed as costs and included in any judgement rendered. $. The condition, of this obligation as to Section 2.($) above is such that said Pduipal and the undersigned as corporate surety are held finely bound unto the County of Cimtm Costa and all contractors,subWnVaaO ,labo ems,zetalaw mega and other pasons ewployW in the pcarfornm=e of dz aforesaid sgmemra and ref ed to in ft aforOSaid Civil Cade for main ails ftW43ea or labor of my kind,or for amounts due muier the L%esnplayogm bmuuum Act with respect to such work car labor,That said surety will pay for satire in an amotmt not exceeding The mount herein above set fords, and also is case suit is brought upon this bonen, will pay, in addition to the #act warms the cot costs and reasonable c peascs anti fees, including reasonable attomey's fees.,'' natured by County(or city assignee)in alts cessfully eufcu�mch oblip ou,to be awarded and fixed by the coart,and to be taxed as costs and to be included is the judgeanent lhavin,r 1t is#seamy apressly jupulazed and agreed 9=this bond shall it=to the bcnafh of any and all pis„comp=es sad ompomm added to We Cla= underTitle 1$(; ___ .S Vxith Section 30n)ofPart 4 of Division 3 of&c Civil C ,30 as to give a right ofacdontoft=or nadir assign in arty suit brought upon Ns baud. Should the cottdiuott of this bond be fully pet's then this obligation shall become null and void, otbat a it sball be and remam in full farce and effect C. No alwmou of said subdivision agm=esu Or=y plan or specifteadon of said work agreed to by the Principal sud the County$'hall relieve any Surety ftm liability on this hood; and consent is given m make such alteration without fid notice to or consent by Sum and the Suzety hereby hereby given t the Provisionsof Cal fan2ja Civil Cade Swoon 2819,and holds itself bound without waivrcga rd to and indepeudently of any action against Principal whenever taken. el 1G F Se rail December , 2001 WINIJEI RE BL LANi? C ANY, LLC AMERICAN -INSURANCE COMPAi3Y p'x ALB Lennar es of California, Inc. $QTY t S M . By atrxc�a Bre net, Attorney in--Fact By Lawrence H. ompson V' President 5 Peters Can an A�3130 Crow Canyon P 310 A Irvine, CA 92606 San Ramon, CA 94583 �vcWat�otiBtd�+►C1RD�9i`i•iodoe PA_Seplaaho 13.E CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On December 19, 2001 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribedto the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ' o OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. ©ESCRIPTO'N OF ATTACHED DOCUMENT Type of Document: Bond No. 111 3359 9388 Number of Pages: Two (2) Date of Document: December 19, 2001 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of California County of Change On December 18, 2001 before me, Alexis R.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia Brebner a NAME(S)OF SIGNER(S) 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 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of Which the person(s) acted, executed the instrument. EXIS# BRYAt.N £;o ;�> € '0673AWITNESS my hand and official sea[. ZCow: y ? ..f x SIGNATME OF TRY e � OPTIONAL R Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SINNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAME ►ABOVE $-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184-Cama Park,CA 99349-7184 r FIREMAN'S FUNI)INSURANCE COMPANY NATIONAL SURE'T'Y CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN'INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FMEMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURE"T"Y CORPORATION, an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redome:sticated in Nebraska, ASSOCIATED 1NOEM]NITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COWAN'Y,a Missouri corporation,(herein collectively caned"the Companies")does each hereby appoint Patricia Brebner 6f Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seat, acknowledge and deliver any and all bonds,undertakings,reeognizances or other written obligations in the nature thereof------------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the Pre side n4 sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fait may do in the Preruises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolutiadopted by the Board of Directors of each of the Companies at a meeting duly called and hold,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealer!: "RESOUVED,that the signature of any ice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be armed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Companies." IN WITNESS WTI RREOF,the Companies have-caused these presents to be signed by their Vice-President.and their corporate seals to be hereunto affixed this 30 _ day of J an uary _1001 01 FIREMAN'S FUND INSURANCE COMPANY NATIONTAL,SURETY CORPORATION THE AMERICAN INSURANCE COMPANY 4 s ASSUCLATED ME Q CORPORATION sfi7.i.i71Y y _ iaV13. .TRI ►iUTOMOBILE INSURANCE COMPANY • � Lel 4 ir����`�'r'�� STATE OF CA IFORNIA �SS. COUNTY OF MARIN Viet-Pre iktersi On this 30 day of January 2001.before me personally came Donn R. Kopeck to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company scala;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seat,the day and year herein first above written. r KRISTIN A.C,AZZOU � COMM.$1262236 r NOTA r rvaLIG"srerwIA 0. MWAAK couNrr 0 . My c nm.fivk_AP*SS, SPATE OF CALIFORNIASS, CERTIFICA'T'E COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, ISO IM",f.ZEBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in fall force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. 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's i .: ,, �2Y rs £S"' 'Y 'ba I'll k S\ Z a ti \ 3 !kms b? �'F {...Y } ° ii's x' '�; T< �t�?6§�krye. }'°b .yas 1i 2 a+e 3 t r :s ..r h .v r : r ! a °'' 'ita % , w :w "-�. t y a s;. t fn k �, M tux ,' }Ye f mur�"i n g Ze 3 - ,i ^t" „ , f$ u S ��T�.a�a �r',SP'.�''�' �.''-�'e`�' If` ,,�.��'�'-e�''�,r��-mac�,�!?� d'r rrX ,r✓'ir�"� 9' /'�/� c�r9 cd Cxs ��j,� ,/"�'R','�- �,�^t''�, :� �'� �'�cs. cs cr' � ,�}/,,�2�"�►C�'_S"" 00 77 ,. � /'y t'%� � / r r 7 �(''rd�'Gf, a+ �':.,.> f>>' �` t� rho." �j �t „� y ."S � .'t�GJ►rC/ ep d ` �/✓ /,fid $ d^c9 ,�'; �'l 1 �Go' v`"�' ". - /,��q +C i D�fi:AIAROV�MEbI'1`�G ��� Subdivision: DArss-reference Subdivision 7976 Effective Date: � l Developer. Wim' to g BL.0 Completion Period: 1 year DEQ:WINDF-MERH BLC LAND COMPANY LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company By:LET-OBs Windemere,LLC, EtA COTe +?t A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member 'y:9nn omes ofC Inc,emy: (PrunNstm wd Titl RECOMMENDED FOR APPROVAL Richard Peterson Vice President By: (sigrtaant) Engineerin S ce ivisxon MW Narne,ad Title) Don Larson Chief Financial Officer FC)RM APPRQVED: Victor J.Westrnan,County Counsel (NOTE. All sipAtmes to be acknowledged.if Developer is izicorporauA signatures roust conform with ft designated representative groups purswrit to Corporations t:odeS313.) l. PAMES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"_ out "and the above-named eveloer mutually promise and agree as follows concerning this acceptance: 2. DEROMMEM.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Departmerit and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. Wit)_ VT,lyjM SECURITY'.Upon executing this Agreement,the Developer shall provide as security to the County: A. dor PerfotTnanre alld Cruarantee: $IM lU cash,plus additional security,in the amount of 5512.8..00.00 together total one hundred percent(10001a)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. E2LPayment: Security in the amount of$252.000.00,which is fifty percent(50%)of the estimated cost of the work.Such security is presented in the form of - - Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance ofthe work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94o4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WDRK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. S. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance ofthe whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Nan-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. 8. COSTS Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERF RMANCE AND COSTS. if Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to.Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even ifDeveloper subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. WL:lad G:\GrpDat$\EngSvc\Wamn\200i\Decembee,DA 0008 AG-17.doc ........................_..- _ _ ........... ...... ...... _ -_ CALIFORNIA ALL-PU8PO E ACKNOWLEDGMENT :% ^� 'a.4 '�3,c3�e`�`a "..�G�a`�.:'�'�'ciu'✓��. �Yr '�xY.l'�`tiX State of .Y " County of On C_c> before me, Date Narne and-MIO Of Officer -Sano Doe,Notary PuMd') personally appeared Y Names;of Signers) ersonally known to me-OR-f❑proved to me on the basis of satisfactory evidence to be the person(s) �z whose name(s)Ware subscribed to the within instrument and acknowledged to me that*eek/they executed the same in W.sJw/their authorized ca acit les ,and that b c RA A.S ErR OOD hj~their signature(s)on the instrument the persons}, 'fl Y POLIO-CAa1,-0RMAD or the entity upon behalf of which the person(s) acted, :PONTRA oOVA COUNTY t executed the instrument. Pl3rMP# ;EXP JULY-1-3 21?Gw"' WITNESS my hand and official seat, Signature of Notary Pubiic OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and caul{prevent fraudulent removai and reattachment of this form to another document. # Description of Attached Document y Title or Type of Document: 041 Document Date: _ _ Number of Pages: "M Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) ?� Signer's Name: Signer's Name: ❑ Individual ❑ Individual C- Corporate Officer ❑ Corporate Officer ` Title(s): Title(s): C Partner --❑ Limited ❑ Genera€ ❑ Partner—❑ Imited ❑ General El Attorney-in-Fact ❑ Attorney-in-Fact 4 Trustee [❑ Trustee ❑ Guardian or ConservatorElGuardian or Conservator [JOther: r 71 h" ❑ Other: I Top o here ' J ' Signer Is Representing: Signer €s Representing: ,r {� �* �1G9S Naf#cnat Notary Ass�'sat��:•8238 Aamme,Ave.,P.{).Box 7184 Cazrot}a Park,GA 91309-7'48A Prod.No.5907 Reorder,OaI17oE;-Free#-6dd-876.582'3