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HomeMy WebLinkAboutMINUTES - 02072006 - SD-2 Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR z Costa DATE: February 7, 2006 ' Os�q Co. t G County SUBJECT: ADOPT Resolution approving the conveyance of County-owned surplus property identified as APN 056-120-034, located at the northeast corner of Lone Tree Way and Heidom Ranch Road to Liberty Union High School District (LUHSD) for$198,000.00. [PR72-65] Antioch Area. District V Project No.: 4500 6G5112 Task: Sale Account No: 9921 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. APOPT a Resolution approving the conveyance of County-owned surplus property identified as APN 056- 120-034, located at the northeast corner of Lone Tree Way and Heidom Ranch Road in Antioch to LUHSD for $198,000.00 in accordance with the terms and conditions of the Purchase and Sale Agreement between Contra Costa County and LUHSD; B. DETERMINE the property to be no longer necessary for County purposes; C. APPROVE the conveyance of said surplus property to LUHSD and the Purchase and Sale Agreement pursuant to Government Code § 25365 by Four-Fifths vote; D. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant Deed and the Purchase and Sale Agreement; E. DIRECT the Real Property Divisio7to eliver to LUHSD id Purchase and Sale Agreement and Grant Deed to LUHSD for recording. Continued on Attachment: x SIGNATU —IfECOMMENDATION OF COUNTY ADMI ST TOR _RECOMMENDATION OF BOARD CO MIT EE +APPROVE OTHER SIGNATURE(S) -7", ACTION OF BOON O ; APPROVED AS RECOMMENDED OT ER VOTE OF SUPER SORS X UNANIMOUS(ABSENT) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the CP:eh date shown. G:\GipData\RealProp\2006-Files\BOs&Res 06\130 Lone Tree Way Conveyance.doc Orig. Div: Public Works(R/P) jl` Contact: C.Peccianti(313-2222) ATTESTED: e "" cc: County Administrator JOHN SWEETEN, Clerk of th oard of Auditor-Controller Supervisors and County Administrator Assessor's Office Public Works Accounting T Tones Environmental By Ll-u--� Deputy Grantee via R/P Recorder via Grantee 1 SUBJECT: ADOPT Resolution approving the conveyance of County-owned surplus property identified as APN 056- 120-034, located at the northeast corner of Lone Tree Way and Heidom Ranch Road to Liberty Union High School District(LUHSD) for$198,000.00. [PR72-65]. Antioch Area. District V. DATE: February 7, 2006 PAGE: 2 Financial Impact: Revenue in the amount of$198,000.00 from the sale of County-owned surplus property will be deposited into the County's General Fund, Account No. 9921. Reasons for Recommendations and BackEround: In 1960, the County acquired title to the real property located at the northeast corner of Lone Tree Way and Heidom Ranch Road from the Lone Tree School District for use by the County Superintendent of Schools for a program for mentally challenged children. In April 1971, the County Board of Education resolved that it no longer had a need for the Lone Tree School property. The property was not offered for sale at that time because it did not meet the minimum land use or zoning requirements. The property was rezoned and the County sent letters of interest to other government agencies. LUHSD responded to the County's letter stating they were interested in purchasing the property. This property is no longer required for County use and LUHSD intends to use the property for classroom facilities. In addition to the purchase price of$198,600.00, the property is encumbered with the "Sand-Creek - Lone Tree Way Special Benefits District" levy in the amount$159,924.07 that LUHSD will be responsible for. A condition of the Purchase and Sale Agreement requires that if LUHSD sells the Property for more than the purchase price within two (2) years of recordation of the grant deed, LUHSD agrees to pay the County one-half(%) of the difference between the sale price and the purchase price. If, within two (2) years from recordation of the grant deed, LUHSD exchanges the Property for other property and cash, LUHSD agrees to pay the County one-half('/2) of the cash compensation. The Board previously approved a Notice of Negative Declaration on Environmental Significance [PR72-65] which was filed with the County Clerk on July 5, 1973 and this Notice is still applicable to the conveyance of the property to LUHSD. Consequences of Negative Action: The County will own the property and be responsible for paying the "Sand-Creek - Lone Tree Way Special Benefits District" levy in the amount of$159,924.07. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 7, 2006, by at least a four-fifths vote as follows: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ (Gov. Code § 25365) SUBJECT: ADOPT Resolution No. 2006/ approving the conveyance of County-owned surplus property to Liberty Union High School District [PR72-65]. APN 056-120-034 Antioch Area. District V. Project No. 4500-6G5112 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board,on January 17,2006,passed Resolution No.2006/12 and the Notice of Intention to Convey Real Property fixing February 7, 2006 at 9:30 a.m., in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place when it would meet to consummate the conveyance of the real property described therein to Liberty Union High School District (LUHSD); said Notice was duly published in the Contra Costa Times on January 24, 2006. This Board,by the aforesaid Resolution, found that said property is no longer required for present or future County use. This Board hereby APPROVES the Purchase and Sale Agreement between Contra Costa County and Liberty Union High School District and the conveyance of Assessor's Parcel Number 056-120-064, formerly Assessor's Parcel Number 054-230-001,located at the northeast corner of Lone Tree Way and Heidom Ranch Road in Antioch, to LUHSD upon payment of $ $198,600.00 to the County. The Chair, Board of Supervisors, is hereby AUTHORIZED to execute the Grant Deed and the Purchase and Sale Agreement between Contra Costa County and LUHSD on behalf of the County,and DIRECTS the Real Property Division to cause said Grant Deed be delivered to LUHSD for recording. CP:eh 1 hereby certify that this is a true and correct G:\GrpData\RealProp\2006-Files\BOs&Res 06\13R.10 LUHSD Conveyance.doc copy of an action taken and entered on the Orig.Dept.: Public Works(R/P) minutes of the Board of Supervisors on the Contact: C Peecianti(313-2222) date shown. cc: County Administrator ATTESTED: County Assessor County Au d itor-Con troller JOHN SWEETEN, Clerk of the Board of County Recorder(via R/P) Supervisors nd County Administrator Public Works Accounting T Torres Environmental By Deputy Grantee(via R/P) Recorder via Grantee RESOLUTION 2006/_x4 Assessor Parcel Number: 056-120-034 Project Name Sale of Surplus at Lone Tree Way Project Number 4500-6G5112 Purchase and Sale Agreement Between Contra Costa County And Liberty Union High school District This Purchase and Sale Agreement ("Agreement") is entered into by and between Contra Costa County, a political subdivision of the State of California(hereinafter"County")and Liberty Union High School District, a California Pubic School District(hereinafter"District") Recitals A. County is the owner of approximately 24,950 square feet of land located in the City of Antioch, Contra Costa County, California,and described in Exhibit"A"attached hereto and incorporated herein by reference.The real property, including improvements thereon, if any, are collectively referred to herein as the "Property" B. County agrees to convey the Property to District, and District agrees to acquire the Property from County in accordance with and subject to the terms and conditions of this Agreement. C. The District represents that it plans to build classroom facilities on the Property, and that it does not plan to sell the Property anytime in the foreseeable future. County believes that the private parties may be interested in the Property and may be willing to pay more than the Purchase Price agreed to herein,but County is willing to sell the Property to the District for the agreed upon price to support the District's school use of the Property. Should District, for any reason, decide to sell the Property to a private party for more than the Purchase Price, County does not object to it doing so, but believes that if the District sells the Property within two years following recordation of the grant deed, in consideration for the County's agreement to sell to the District at the Purchase Price, County should share in the excess proceeds. District agrees that County's position in this regard is reasonable. D. Therefore, in consideration of the County's conveyance of the Property described in Exhibit"A" for the sum of $198,600.00("Purchase Price"),District agrees to pay the Purchase Price to County and agrees to the terms and conditions of this Agreement, including paragraph 4,which District agrees is justified under the circumstances. Agreement Now,therefore, in consideration of the agreements herein contained and for other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties hereby agree as follows: 1. Effective Date. It is understood that this Agreement is subject to approval by the County Board of Supervisors and District's Board of Trustees.This Agreement is effective on the date approved by both the County's Board of Supervisors and District's Board of Trustees.. 2. Terms 2.1 Purchase Price. The purchase price for the Property shall be One Hundred Ninety-Eight Thousand Six Hundred Dollars ($198,600.00). 2.2. No Representations, Statements or Warranties Concerning Property Conditions. 1 of 4 FADesiree\Client Files\LibertyUnion\Final Liberty Union HS Purchase Sale Ag.doc 9/1/05 A. County has made no other representations,statements or warranties to the District concerning the Property, including, without limitation, the Property's physical condition, the environmental condition of the Property, the status of title to the Property or the Property's fitness for a particular use.There is no warranty or liability,express or implied on the part of County as to the condition of the soil or the geology of the soil. Except as provided in this Clause, it shall be the sole responsibility of the District, at its sole cost and expense, to investigate and determine the suitability of the soil, geologic, environmental and seismic conditions of the Property for any contemplated development. B. District shall take title to the Property in its "as-is" condition. 3. Escrow. By this Agreement, County and District establishan escrow ("Escrow") with Old Republic Title Company,3000 Clayton Road,Concord,California,94519 their Escrow No.0147003386-DJ("Title Company"). 3.1 County's Deposit into Escrow. On or before December 29, 2005, County will deliver into Escrow with . the Title Company the following documents: A. A grant deed in recordable form and properly executed on behalf of the County, in a form approved by District("Grant Deed"),conveying to District in fee simple the Property,subject to all liens,encumbrances,assessments,leases or licenses(recorded and/or unrecorded),taxes,and exceptions listed in the Preliminary Title Report dated August 8,2005, from Old Republic Title Company, Escrow No. 0147003386-DJ. B. A letter for Escrow instructions 3.2 District's Deposit into Escrow. On or before December 29, 2005,District will deliver into Escrow with the Title Company the following documents: A. The full Purchase Price described in Clause 2.1. B. A letter for Escrow instructions. 3.3 Close of Escrow. Escrow shall close upon the conveyance of the Property,to the District as described in Clause 3.1 A. On the closing date, the Title Company shall close Escrow as follows: A. Record the Grant Deed, for Property marked for return to the District care of Daniel Smith, Superintendent of the District(which shall be deemed delivery to the District); B. Issue a Title Policy, if requested to do so by District, showing title to the Property vested in the District subject only to the exceptions specified in the Preliminary Title Report and agreed to by County and District described in Clause 3.1 A. C. Disburse to the County the total amount of the Purchase Price. D. Prepare and deliver to the District and to the County one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. 3.4 Fees and Title insurance. District shall pay all costs of escrow,recording fees and if District desires title insurance, the premium charged therefore. 2 of 4 FADesiree\Client Files\LibertyUnion\Final Liberty Union HS Purchase Sale Ae.doc 9/1/05 v If the Title Company is unable to simultaneously perform all of the instructions set forth above, by December 29, 2005, the Title Company shall notify the County and District by December 22, 2005, and retain all funds and documents pending receipt of further instructions from the County and District. 4. Sale within Two Years. If the District sells the Property for more than the Purchase Price within two (2) years of recordation of the Grant Deed,District agrees to pay County one-half('/2)of the difference between the sale price and the Purchase Price,without any deduction from the County's share for expenses. If.,within two(2) years from recordation of the Grant Deed,the District exchanges the Property for other property and cash,District agrees to pay County one-half('/2)of the cash compensation to be paid to the District,without any deduction from the County's share for expense. 5. Voluntary Execution of Agreement. The parties hereto have freely and voluntarily executed this Agreement and are not acting under coercion, duress, menace, economic compulsion, or because of any supposed disparity of bargaining power; rather, the parties hereto are freely and voluntarily signing this Agreement for their own benefit. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors, assigns and related agencies and entities. 7. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 8. Entire Agreement. This Agreement, exhibits and any appendices attached hereto and incorporated herein by reference contain the entire agreement between the parties hereto with respect to the subject matter of this Agreement except as set forth herein.It is expressly understood by each of the parties that this Agreement may not be altered,amended,modified or otherwise changed in any respect whatsoever,except by a writing executed by all parties hereto. 9. Counterparts. This Agreement maybe executed in as many counterparts as maybe necessary or convenient,and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, and all such counterparts shall constitute one and the same instrument. 10. Severability. If any term,condition,or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction,the remaining terms,conditions and provisions shall nevertheless remain in full force or effect. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: County: Carla Peccianti Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 (925) 313-2222 District: Daniel Smith. Liberty Union High School District 20 Oak Street Brentwood, CA 94513 (925) 634-2166 3 of 4 FADesiree\Client Files\UbertyUnion\Final Liberty Union HS Purchase Sale A.-Aoc 9/1/05 or to such other addresses as District and County may respectively designate by written notice to the other. 12. Cooperation and Further Assurances. The parties hereto shall reasonably cooperate with each other to fulfill the terms and conditions of this Agreement. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary,expedient, or proper in order to complete all conveyances, transfers,sales,and assignments under this Agreement,and do all other acts and to execute,acknowledge,and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. � , Date: 7�ODate: Ct (Date of Board Approval) (Date of Board of Trustees Approval) CONTRA COSTA COUNTY LIBERTY UNION HIGH SCHOOL DISTRICT AS GRANTOR AS GRANTEE By: ir, Board of Supervisors Daniel.,Smith Superintendent RECO NDED FOR APPROVAL APPROVED AS TO FORM By f , q By. Carla Peccianti District Counsel Senior eal Property A ent By: �' aren.Laws Principal Real Property Agent APPRO ED AS TO FORM:- By: ORM:By: County Counse NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. 4of4 FADesiree\Client FilesUbertyUnion\Final Liberty Union HS Purchase Sale Ag.doc 9/l/05 Excess Property Lone Tree School site APN 056-120-034 Drawing No. MA-214-2004 Revision #1 12/14/04 EXHIBIT "A" Real property in the northwest one-quarter of Section 3,Township 1 North, Range 2 East, Mount Diablo Meridian, situate in the City of Antioch, County of Contra Costa, State of California, also being a portion of the property granted to Contra Costa County in the deed recorded October 7,1960 in Book 3719 of Official Records at Page 278, described as follows: Commencing at the Southwest corner of-the Northwest one-quarter of said Section 3 as shown on the map of "Subdivision 8114" filed May 24, 2001 in Book 430 of Maps at Page 41, being on the centerline of Heidorn Ranch Road; thence along said centerline North 0°32'55" East 209.00 feet; thence South 89°27'05" East 44.54 feet to the Point of Beginning; thence from said Point of Beginning, along the exterior boundary of said County parcel (3719 OR 278), also being the boundary of parcel "D" as shown on said map (430 M 41), South 89°27'05" East 164.47 feet, thence South 0°32'55" West 155.74 feet to a northerly line of the parcel of land deeded to the City of Antioch, recorded June 13, 1995 in series No. 1995-092732; thence along said parcel North 88°58'23" West 127.20 feet to a point; thence leaving said parcel North 01'01'37" East 0.27 feet; thence North 88°58'23" East 1.14 feet to a tangent curve concave to the northeast; thence along said curve, having a radius of 31.00 feet, through a central angle of 83°37'11", an arc length of 45.24 feet; thence North 05°21'13" West 5.24 feet; thence North 0032'55" East 69.63 feet to a tangent curve concave to the west; thence along said curve, having a radius of 269.00 feet, through a central angle of 11'05'26", an arc length of 52.07 feet to the Point of Beginning. Containing an area of 24,590 square feet of land, more or less. EXHIBIT "B" attached and-by reference made a part hereof. ._. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. �O�N D SCi Signature: ��',�ES A. 2 Licensed Land Surveyor Exp,9/30/05 Contra Costa County Public Works N LS.6571 Date: oY 4T�oF ca�_�F°P G:\GrpData\Design\SURVEYS\Legals\Exhibits2D04\LoneTreeSchoolSite2.doc 12/14/2004 EXHIBIT "B" 430 M 41 PARCEL D S89° 27'05"E 3.54 S89° 2_7'_05''E S890 27'05''E 168.01(T)- F_ 68.01(T) X41.00POB 164.47 j D = 11° 05'26" N R = 269.00 d N n L 52.07 Ln Lo o 1 �' CONTRA COSTA COUNTY 0 . _ w 3719 OR 278 ZoN l oNw `n S050 21'13"E Ln � a; 5.24 Q QN - o `O = 830 37'11" Ln I N z R = 31.00 Ln I1-o o L = 45.24 cv z wI o� z �' S88° 58'23"E o �I 1.14 � n I U S01° 01'37"W _ 0 0.27 LLJ z� � 127.20 = I = 89' ,31'18" N880 58'23"W 148.18(T) I� R = 20.00' 1 z L = 31.25' I�0 r - - - - - - - - - - - - - - - - - - - - - - - - - - - -lcv� j o Ln S88° 58'23"E 209.01 CD L -- - - _. - - - - - - LONE TREE WAY POC S.W. CORNER OF THE CONTRA COSTA COUNTY N.W. 1/4 OF SECTION 3 PUBLIC WORKS DEPARTMENT MARTINEZ CALIFORNIA A.P.N. 056-120-034 Instr LONE TREE SCHOOL SITE Recorded Series * EXCESS PROPERTY AT LONE TREE WAY AND HEIDORN RANCH ROAD Instr SCALE V-40' REV. •1 12/14/04 Recorded Series DRAWN BY AR FILE NO. CHECKED BY JS MA-214-2004 K \surveys\Field Data\511203\RW511204.dgn Recorded at the request of: Liberty Union High School District Return to: Liberty Union High School District 20 Oak Street Brentwood, CA 94513 Assessor's Parcel No. 056-120-034 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to LIBERTY UNION HIGH SCHOOL DISTRICT, an educational agency, the following described real property in the City of Antioch, County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY Dated By hair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On ?�L before me, K.zcr. �2 Deputy Clerk of the Board of S�pprvisors, Contra Costa County, personally appeared �JVAA , who is 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 th instrument. By: Deputy Clerk G:\GrpData\RealProp\2005-Files\05-3\LUHSD Grant Deed 2.doc 3/16/05 Recorded at the request of: Liberty Union High School District Return to: Liberty Union High School District 20 Oak Street Brentwood, CA 94513 Assessor's Parcel No. 056-120-034 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to LIBERTY UNION HIGH SCHOOL DISTRICT, an educational agency, the following described real property in the City of Antioch, County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COS A COUNTY Dated� By 'L ir, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA �) On a1 Oe before me, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared .TdLt.2 �ee�a� who is 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' strument. By: Deputy Clerk G:\GrpData\RealProp\2005-Files\05-3\LUHSD Grant Deed 2.doc 3/16/05 i Ja\Op RICH�H�` LIBERTY UNION HIGH SCHOOL DISTRICT 20 OAK STREET it BRENTWOOD, CA 94513 BLMED 19�' (925) 634-2166 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property, APN 056-120-034—Lone Tree Way and Heidorn Ranch Road,conveyed by Contra Costa County, as described in the legal description, attached hereto, to the Liberty Union High School District, a California Public School District, is hereby accepted by the undersigned officer on behalf of the Liberty Union High School District, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 14, 2005 Daniel M. Smith, Secretary Liberty Union High School District State of California ) )ss County of Contra Costa ) On Semember 19, 2005,before me,Anna M. Mendoza,personally appeared Daniel M. Smith, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to that he executed the same in his authorized capacity, and that by his signature on the instrument,the person or entity upon behalf of which the person I' acted, executed the instrument. WINESS my hand and official seal. My commission expires: June 25,2006 {SEAL} ANNA 11A.fiAENtX3ZA Commission#1362281 z z Notary Public-Caittomia y Cont +jta County My CommComm.omm Expires Jun 25,2006 ' n. o` AN EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER Ja\00 HIGH se,�` LIBERTY UNION HIGH SCHOOL DISTRICT A 20 OAK STREET BRENTWOOD, CA 94513 ED (925) 634-2166 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property, APN 056-120-034—Lone Tree Way and Heidorn Ranch Road,conveyed by Contra Costa County, as described in the legal description,attached hereto, to the Liberty Union High School District, a California Public School District, is hereby accepted by the undersigned officer on behalf of the Liberty Union High School District, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 14, 2005 Daniel M. Smith, Secretary Liberty Union High School District State of California ) )ss County of Contra Costa ) On September 19, 2005,before me,Anna M. Mendoza,personally appeared Daniel M. Smith,personally known to me'�r. . me an the b cis ^f-s^*isfaetefy evidee)to be the person whose name is subscribed to 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 entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ��� � � ����n���� My commission expires: June 25, 2006 (SEAL) ANNA M.MENDOZA Commission#1362281 Z%MyComrTLExpkesJun25,20X Notary Public-California Contra Costa ota County i1�i iICi. 11 n —' AN EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER