R07-031
II
1 RESOLUTION NO. R07- ~j/
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND TURTLE COVE
9 LLC; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, approximately 1000 feet west of Military Trail, along Hypoluxo
14 Road; and
15 WHEREAS, the parcel covered by this agreement is planned to include
16 approximately 19,500 square feet of medical office and 4,500 square feet of veterinary clinic.
17 Portions of this site were previously approved for water service but now the site has
18 expanded and the square footage of building area increased; and
19 WHEREAS, the developer will be responsible for extending the City's system onto
20 the site, paying their share of any off-site utility lines that were oversized for their use.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 TURTLE COVE, LLC, a copy of said Agreement is attached hereto as Exhibit "A".
29
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Turtle Cove Water Service Agreement.doc
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PASSED AND ADOPTED this L day of March, 2007.
CITY OF BOYNTON BEACH, FLORIDA
~~i4
~ayor. erry :Jior
~
Attest:
S:\CA\RESO\Agreements\Water Service\Turtle Cove Water Service Agreement.doc
The City of
Boynton Beach
City Clerk's Office
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
March 14/ 2007
SHARON BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
PO BOX 4177
WEST PALM BEACH FL 33402
ATTENTION:
Millie Mendiola
Dear Ms. Bock:
RE: ACCOUNT #1031 (12 PAGES = $104.10)
Please record the following twelve (12) pages as one (1) individual document:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL
POWER OF ATTORNEY
R07-031 Turtle Cove
If you have any questions, please do not hesitate to contact me~
Very truly yours,
CITY OF BOYNTON BEACH
CC: Pete Mazzella
Sam Reep
Central File
PBC Recording Folder
S:\CC\WP\PBC recording\Water Service Agreements\Cover letter for Water agreement 03-14-2007.doc
'An Equal Opportunity/Affirmative Action! ADA Employer'
1111111111111111111111
CFN 20070141402
OR BK 21544 PG 0702
RECORDED 03/22/2007 14:17:31
Pal. Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 0702 - 713; C12pgs)
R07-031
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this & ti- day of -ill CIA'" V ,200 L by and between
TURTLE COVE, LLC hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a
municipal corporation of the State of Florida, hereinafter called the "City".
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are -1..L Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
2
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
,200 .
day of
WITNESS:
C,~~
~~l~~~
Pnnted Witness Name
wt~ )-:ufi--
Witness Signature
Add.1 h- lVU/{.(..ey-
Printed Witness Name
O~ fl< e--ru? C~ ~I t-f-L
- -~h. ,A-1./ t..-t..--e'K:- 1 /PWf:,
Printed 0 r Name ~~
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF -::r/oV\ d.-A- )
) ss'
COUNTY OF IYA-t 4 (l:,tPt:AA ) .
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
lSr"..l \~"'V\ f). M. \ lrL. to me known to be the person(s) described in and who
executed the foregoing instrument tha~/she acknowledged before me tha~~she executed the
same; that the individual was personally known to me or provided the following proof of
identification: ~
\ WITNESS my hand and official seal in the County and State last aforesaid this
,J i\ \\l v I'Nl. "-\ , 200.l.
i I day of
My
IlIICOLE SIMPSON
~~~\IOH1ic. State of Florida
\ 2007
. =Mt'ComlllB!lol. &pieS.Il.n 19.
\~ ~: CommissIon # 00224289
"'~,%r..'if,'" Bonded By National Notary Assn.
.~~L /7=
Notary Public / I
(Notary Seal)
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal co oration
I
/. J
/'/11
Approved as t
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid ~d in the County _. .$I~~d to take acknowledgments, personally
appeared I ' ~rtYManager and t/}fJ:f jJ A..a 4/1U.;t;zP ,
City Clerk res ectively, of the City named in the foregoi agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this f.p tJ.-. day of
-1)) cr1.-c_0 , 200~. ~
7 / a1o~~ j rrl P-tliT
Notary Public
(Notary Seal)
~~1~ v~omEMO~S
!.~".... ~\ MY COMMISSION' DO 346198
~: ''I EXPIRES: September 17, 2008
My commission e BOnCled T1\tu NOlIry Pullllc Undfrwrit9lS
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
H:\1990\900182.BB\AGMl\Water Service Agreement - Rev 1-6-06.doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, BRADLEY D, MILLER, as Corporate Representative of TURTLE COVE, LLC,
hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH,
FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead,
for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and
complete a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full
and complete authority to act on Grantee's behalf to accomplish annexation by any available
means. The real property which is the subject of this power is described as follows:
PCN No.: 00-42-45-12-03-003-0060
00-42-45-12-03-003-0070
00-42-45-12-03-003-0020.
00-42-45-12-03-003-0010
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
, 20_ and the powers and authority shall be irrevocable by Grantee.
day of
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of
, in the year 20_.
Sealed and delivered in the presence of
r~~J.{5)
~SS Signature
(ftf '\ uftt~
Print Name
0~f.U-
Witness Signature
Yilll~ B. ('l)U-II~
Print Name
STATE OF
COUNTY OF
Corporation Name: '~jZ--fu& CtNFJ) Lr~
BY:~~
Print Name and Title: ~~~ ~
ATTEST
Secretary
Corporate Seal:
)
)
)
SS:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
~ ( C'-\. cI \ t~ \'). ~II l1VTL-- as 'Y\'\Jti . ,M PI'< 0 ~f f vl/Jl't.L Lv,)F, ILL- named in the
foregoing eement and that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation.
. Witness my hand and official seal in the County and State last aforesaid this ~ day of
JiA r' J ~ ' 200 L .
""~~"""" NICOLE SIMPSON
$' ~ '\ Notary Public. State of Florida
i. . ~Ca 'lIl1ss101,&pNsJu'l19, 2007
~ ;{4! Commission # 00224289
'. ','lr.r..~" Bonded By NaIIonaI Notary Assn.
M 0
'~iydi--e-, /- F
NOTARP LIC / .'
(\J \ (D \ -e VZ- <) I Avtf'O Yl
Printed Name
S:\CA\AGMTS\Water Service\Power of Attorney-Corp. 1-6-06.doc
H:\l990\900 I 82.BB\AGM1\Power of Attomey-Corp 1-6-06.doc
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
THE NORTH Y2 OF LOT 3 (TRACT 3), BEING APART OF THE NORTHWEST 1/., OF SECTION 12,
TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND INCLUDED IN
THE AMENDED PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS THE WES 263.32 FEET THEREOF: AND LESS THE SOUTH 340.75 FEET THEREOF;
AND LESS THE RIGHT OF WAY FOR THE LAKE WORTH DRAINAGE DISTRICT L-18 CANAL AS
SET FORTH IN DEED BOOK 67, PAGE 533, (AS TO THE NORTH 53 FEET OF THE NORTHWEST 1/.,
AS SET FORTH MORE P ARTICULARL Y THEREIN), PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 2:
THE EAST 109 FEET OF THE WEST 263.32 FEET OF THE NORTH Y2 OF TRACT 3, BEING A PART OF
THE NORTHWEST 1j., OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND INCLUDED IN THE AMENDED PLAT THEREOF, AS RECORDED IN
PLAT BOOK 9, PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND LESS THE SOUTH 340.75 FEET THEREOF;
AND LESS THE RIGHT OF WAY FOR THE LAKE WORTH DRAINAGE DISTRICT L-18 CANAL AS
SET FORTH IN DEED BOOK 67, PAGE 533, (AS TO THE NORTH 53 FEET OF THE NORTHWEST 1/.,
AS SET FORTH MORE P ARTICULARL Y THEREIN), PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 3:
THE NORTH 56.77 FEET OF THE SOUTH 340.75 FEET OF THE NORTH Y2 OD THE WEST Y2 OF THE
WEST '12 OF THE NORTHEAST 1/., OF THE NORTHWEST 1/., OF SECTION 12, TOWNSHIP 45 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND INCLUDED IN THE AMENDED PLAT
THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 74, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 4:
THE WEST 154.32 FEET (AS MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF LOT 3) OF
THE NORTH ONE-HALF (N 'h) OF LOT 3; EXCEPT: THE SOUTH 340.75 FEET THEREOF, BEING A
P ART OF THE NORTHWEST ONE-QUARTER (NW 1/.,) OF SECTION 12, TOWNSHIP 45 SOUTH,
RANGE 42 EAST, AMENDED PLAT OF SECTION 12, ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9, PAGE 74; LESS: THE RIGHT OF WAY FOR
LAKE WORTH DRAINAGE DISTRICT LATERAL L-18 AS DESCRIBED IN DEED BOOK 67, PAGE
533 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY AND THE RIGHT OF WAY OF STATE
ROAD 709 (HYPOLUXO ROAD).
CONTAINING 3.04 ACRES, MORE OR LESS.
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OPINION OF TITLE
I am an attorney licensed to practice law in the State of Florida. On this 12th day
of January, 2007, I hereby certify that the following property is owned by Turtle Cove
LLC. It is subject to a mortgage held by First Southern Bank, a Florida banking
corporation.
The Welt 154.32 feet (a. mealured at riKht anIle. trom the Welt line
of Lot 3) of the North One-Half (N1/2) of Lot 3;
EXCEPT: The South 340.75 f.et thereof, being a part of the
Northwe.t One-Quarter (NW ~) of Section 12, Town.hlp 45 South,
Range 42 Ea.t, amended plat Df SectiDn 12, accordiDg to the plat
thereof on me tn the Offtce oC the Clerk of the Clrcutt Court fn and
for Palm Beach County, Florida, recorded in Plat Book 9, Page 74;
LESS: The rilht-Df-way for Lake Worth Drainage Dlltrtct Literal L-
18 as described In Deed Book 67, PIge 533 of the PubUc Records of
Palm Beach County and the rlght-of-wIlY for State Road 709
(Hypolulo Road).
SUBJECT TO that certatD Draina.e Ellement over the North 1.7 feet
of the property to the County of Palm Beach recorded in Official
Record Book 6566, Page 110; and Quit Claim Deed (rDm Plllm Beach
County to Lake Worth Dratnage District recDrded in o.a Book 7511.
Page 1951. Public Records DfPalm Beach County, Florida.
SUBJECT TO: Comprehensive land use plans, zoning,
restrictions, prDhibitlons and other requirements Imposed by
governmental authorityj reltrActlon. and matten appearing on the
plat or otberwl'l common tD the lubdlvlsionj public utility easements
of record, taxes for the year of 1006 and subsequent year..
The following property is owned by Turtle Cove LLC. It is subject to a mortgage
held by Gulfstream Bwine55 Bank. a Florida banking corporation.
Parcell:
The North ~ of Lot 3 (Tract 3), being a part of the Northwest ~ of
Section 12, township 45 South, Rangl 42 East, Palm Beach County,
Florida and Included In the Amended Plat of See. 12 Twp. 458. R.42E.
Mary A. Lyman et ai, according to the Plat tbereof, a. recorded in
Plat Book 9, Page 74, of the Public Records of Palm Beach County,
florida.
LESS the West 263.32 feet thereof;
AND LESS the South 340.75 feet thereof;
AND LESS the Right-of-Way for the Lake Worth Dralnace District
L-18 Canala. let forth In Deed Book 67, Page 533, (a. to the North 53
feet of the Northwellt ~ .. let forth more particularly therein), Ind in
OffitlaI Records Book 7511, Pale 1952 (a_ to the North 27 feet of the
lands therein), both of the Public Recordl of Palm Beaeh County,
Florida.
Parcel 2:
The East 109 teet of the West 263.32 feet of the North % of Tract 3,
beiDg a part of the Northwelt % of Section 12, Township 45 South,
RaDge 42 Ellt, Palm Beaeh County, Florida, and included in the
Amended Pllt of Sec. 12 Twp. 458. R.42E. Mary A. Lyman et al.
according to th. Plat thereof, al recorded in Plat Book 9. Paae 74, of
the PubUt Records of Palm Beach COUDty, Florida.
AND LESS the Soutb 340.75 feet thereof;
AND LESS tbe Rigbt-of-Way tor the Lake Worth Drainage Di.trict
L-18 Canal as .et forth in Deed Book 67, Pale 533, (u to the North S3
feet of the Northwelt ~ .1 .et forth more particularly therein). and In
Omcial Record. Book 7S 11, pal' 1952 (al to the North 27 feet of the
lands theretn). both of the Public: Record. of Palm Beach County,
Florida.
Parcel 3:
The North 56.77 feet of the South 340.75 reet of the North Va of the
West ~ of the Welt ~ of the Northealt % of the Northweat % of
Section 12, Township 45 South. Range 42 Ea.t, Palm Beach County.
Florida, and included In the Amended Plat of Sec. 12 Twp. 45S.
R.4%E. Mary A. Lyman et ai, according to the Plat thereof, as
recorded in Plat Book 9, Page 74, or the Public Records of Palm Beach
County. Florida.
Subject to conditions, reltrictlons, re.ervadonl and easements of
record; taxes for the year 2004 and aUsub.equent years.
00.42-45.12.03-003-0070
00-42-4S-12-03-003-0020
The south 17.00 Feet of the North 80.00 Feet or Tract 3. beiDg a part
of the Northwest ~ of Sec:tloD 12, TOWlllhip 45 South, Range 41
East, Palm Beath COUDty, Florida, and Included In the Amended
Plat thereof. .s recorded in Plat Book 9, Pale 74, of the PublJc
Records of Palm Beach County, Florida, leu the West 154.34 feet
thereof.
PareelldentlficatioD Number: 00.42-45-U-03-000-0010/0020/0070
STATE OF FLORIDA
)
) 8S.:
COUNTY OF PALM BEACH)
The foregoing in8trumen~ was acknowledged before me this 12111 day of January,
2007 by A I c:::.,~ ~.Ci k..\l .J .
.(<-;':';;; ~ '
Notary. _~---. __. M ,--/"1...--
[NOT ARlAL SEAL] Print Name: L I q, '" "- m . C ~ " p , l- \.-"
Notary Public, State of Florida
My commission expires; Q ~/ l~ C".6 \ ~ 0 J u
;if'PersonaIly Known OR 0 Produced Identification
Type of Identification Produced
@
NOIllry PublIa 8tIIa 01 II....
CleM M C"lIjllch
My COf'1\mitalOn 00511212
expiru 02108/2010