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Declaration of Conditions, Covenants & Restrictions 1991-0087385 ., " -., 'If I , .....;'" " ..\,,, ." ,I~ ,~ -, DOG": 1991=0087385 Z8~FEB-1991 09:04 AM SAN DIEGO COUNTY RECOROER'S OFFICE DECLARATION OF CONDITIONS, COVE~~pEvANS, COUHTY RECORDER ,AND RESTRICTIONS FEES: 0.00 .' 1831 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO POWAY REDEVELOPMENT AGENCY 13325 Civic Center Drive P.O, Box 785 Poway, California 92064 [Space above for recorder.] f'6 Jqp This Agreement is recorded at the request and for the benefit of the Agency .and is exempt from the payment of a recording fee ':~.'~ pursuant to Government Code Sec.tion 6l03. POWAY REDEVELOPMENT AGENCY B"~~><<~~ Dated: 1-, ~S ~ ,1.99l , . . THIS DECLARATION OF CONDITI9N~ COVENANTS AND RESTRICTIONS i,s .entered into this ,::<S-dayof :::r-A"..."'....;t 1991, by and Detwe~n the POWAY REDEVELOPMENT AGENCY, a pu lic body.,corporate and poii tic (the "Agency"~, and POWAY LAND INC., a Cal.ifornia c.orporation (the "Participant"), with referenc,e to the fonowing, A. The Participant i's ,fee .Owner of re'cord of that certain real propert.Y (the ":Si'te!') locaU,d in theCi ty of Poway, County of Sari Diego, State. of California legally described iri the attached Exhibi.t "-A". The Site is the subj ect of an Owner Participa,t.ion }\greement ("OPA"-) for the development, operation and maintenance a Low-to Moderate-Income 'housingproject. 01/2:'l/9l 39.77nj2345(015 ATT~CHMENT NO. 5 Pa,ge 'l of l4 " . . ~ 1832 13', 'the Site ,is wi thin the PewayRedevelepment Prdject Area (the, "preject")in the, City .of Peway and is, subject te the provisiens ,of the Redevelepment Pian f.e,r the prej ect adepted by "Ordinance Ne. 117 en December 13, f983' by the City Ceuncil .of the City .of Peway. C. The Aget;lcy and the Participant have entered inte an Owner Participatien Agreement dated as .of June 13, 1989 cencerning the develepment and eperatien of the Site (the "OPA") which OPA is en file with the Agency as, a public record and i's incerperated herein by reference anc:!. ,which OPA prevides fer the executien and recerdatien .of thisd6cument. Except as .otherwise expressly previded in this, Agreement, all terms shall have the same meanings as set ferth in the OPA. NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT AGREE AS FOLLOWS: 1. The Participa~t and the Agency, as eperater .of the Site, shall have th~ right and it cevenants and agrees en behalf .of its success.or and assigns, te use the Site fer the follewing purpesesenly: Participant shall develep appreximately sixty-five (65) m.obile heme units en the Site in accordance with the terms .of the OPA. The devel.opment shall previde fer adequate ensite parking in accord with the Peway Municipal Cede. Participant cevenants and agrees te previde fer the .use, maintenance and .operation .of the Sit,e and :the Improvements thereen fer su'ch heusing by entering into the leng term lease and Optien te Purchase with the Agency. The Agency as Operatdr and the Participant, .or any' successers in interest, covenant te diligently carry .out and take all reasenable and necessary actiens te accomplish this purpese fer tneter,m .of the Redevelepment Plan ("Preject P,eried"). I!1 addi tien te the required heusing u!1its, :the Participant sDall previde all en-site and .off-site public imprevements in cannectien therewith, all as mere pa~ticularly described in the OPA. Te the extent permissible under state and federal law13i the Agency as the Operater eftheprepertyshall e'xtend a preferenc.e fer the rental .of the mebile heme pads te individuals. and/erfamilies wha (i) res'ide in the City .of Peway .or (ii) are employed in the City .of Peway. The mebile .heme ceaches sha,ll be seld and the pads leased .only te persens .or families with an inceme less than .one hundred twe.nty per,cent (120%) .of the annual median heuseheld incame fer, tl}eSan Diege Ceuntyprima.ry Metrepeli tan Statis,ticalAr.e:a,as such inceme levels' are established pursuant te s)..lchecenemi'c .study .or data as may frem tIme ta time be appreved by tne Agency. 0)/,2:4/91 ," . '3977h/2345y'015 ATTACHMENT NO. 5 Page 2 .of l4 ~" ., c . . 1833 ..The Agency as the Operator shall obtain from e,,-ch prospecti;ve rel1terof the' uni.tsa Certification of Eligibility. .2.. 'The Participant and the Agenc:y as the Operator, on behalf of itself and its successors, assigns, and each successor in interest to the Site or any part thereof, hereby covenants and agrees: (a) To use, devote, operate and mai'ntain the Site and each part thereof, for'the purposes and the residential uses specified in the OPA and in the Redevelopment Plan. (b) Not to discriminate upon the basis of sex, marital status, race, color, creed, reli~ion, age, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of the Site or any improvements thereon, or of any part thereof. Each and every deed, lease, and contract entered into with respe.ct to the Site shall contain or be subject "to ,substantially the following nondiscrimination or nonsegregation clauses: ( 1) (2) Ol/24/9l 397711./2345/015 In deeds: "The grantee herein covenants by and for itself, it successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or groVp of persons on account of sex, marital status, race, color, creed, religion, age, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use occupancy, tenure, or enjoyment of the land herein conveyed, nor sVall the grantee i,tself or any per,!ons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenant~, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is ma~e and accepted upon and subject to the following conditions: ATTACHMENT NO,. 5 Page 3 of l4 01/2;4/9l 3.977n/2345/015 (3 ) . . 18.34 Tha~ there shall be no discrimination against or segreg~tion of any person or group of persans, on acco.u.nt of sex, marital status, race, color, creed, religion, age, national origin, or ancestry, in the leasing, renting, subl~asing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person clai~ing under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." In contracts: "There shall be no disCrimination against or segregation of. any persons, or group of persons on account of sex, marital status, race, color, creed, religion, age, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee. itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." ATTACHMENT NO. 5 Page 4 of l4 . .- . . 1835 3. There sha1lbe no discrimination against or s~gregati9n of any person, or groups of persons, on account of sex, marital status, rac~, color, creed, religion, age, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the prOperty or any part thereof, nor shall the Participant, its successors, assigns, or successors in interest to the Site or any part thereof, or any person claiming under or through them, establish part thereof, or any person claiming under or through them; establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of owners, tenants, lessees, sublessees, or vendees of the Site or any part thereof. USE RESTRICTIONS AND PROPERTY RIGHTS 4. Use Restrictions. as follows: The Site shall be occupied and used a. Each housing unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes. b. No sign of any kind shall be displayed to the public view on or from any unit without the, approval of the Participant except one (l) "for sale" or "for rent" sign on any lot. All signs otherwise permitted under this section shall conform with all ordinances and other regulations of the City. c. The Agency as the Operator and the occupants shall not permit or suffer anything to be done or kept upon said premises which will increase the rate of insurance on any building, or on the contents thereof, or impair the structural, integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy them by unreasonable noises or otherwise, nor shall any occupant commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings and trash or commit or suffer any illegal act to be committed thereon. d. There shall be no structural alteration, construction or removal of any building, fence or other structure on the Site (other than repairs or rebuilding permitted herein) without the approval of the City or the Agency and in accordance with the City Code. Ol/24/91 3977n/2345/015 ATTACHMENT NO. 5 Page 5 of l4 . . 183.6 e"J:l:1e ;A:gen.:;yas the Operator 'shall. not permit the par~i.llg, '.stqJ:;il).g or 'ke~eping of any vehic:le except wholly wi thin ;th~;p:arkfng ate'a.'s designated therefor,. The l':gency as the Oper'a:tbrshErl'l not permit the parking, storing or keeping of a.ny: lJa.tge ,commercial type vehicle (dump truck, cement mixer truck', oil or gas truck, etc.), or ani r.ecr'eational vehicle (camper unit, camper shell detached from a private passenger vehic'le, motor home,trailer, boat trailer, IT).obile home or other similar vehicle), boats over twenty (20'j feet in length or any vehicle other thana pr,ivate passenger vehicle upon any por"tion of the Site, including parking spaces, except any such ~rea as specifica!-ly approved by the Op'e'i"ator. The Agency as the Operator shall not permit major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle to be conducted upon any:portion of the Site, including parking spaces, except for emergency repairs thereto and then only to the extent necessary to eriable movement thereof to a proper repair facility. No inoperable vehicle shall be stored or kept anywhere on the Site. The Participant: shall have the right to remove, at the tenant'.s expense, any vehicle parked, stored or kept in violation of the provision's of this Declaration. In., addi tion, all pt.ovision's of the Poway Municipal Code, including amendments thereto, shall apply. 5.. Occupancy of each dwelling unit shall be restricted to occupancy standards set forth in the poway .Mupicipal Code .or s.tate 'standards, as are effective or as may be effe'ctive c>r amended. Each mobile home shall be owner occupied. 6. The City of Poway and the Agency shalT have the right of entry, at reasonable hours and upon ho less than 72 hours advance notice, onto the Si,te to inspect for the need for repair,s or ,iuairitenan'ce. Entry onto the i)ite or into any uni,t. for other than emergency repairs may be made only after no.tice, as provided herein, to determi.ne the necessity and right af such entry and the responsibi li ty for the cost of any repair's or maintenance. 7. No alcoholic beverages or controlled substances shall be 'permitted to be consumed in public view anywhere on or apout the Site. 8. The exte'rior areas of the Site shall be kept free of rubbish, debris and other unsightly or unsanitary materials. a. Proj'ect Improvement, Maintenance and Repair 01/2:V91 3977h)-23,45j015 ATTACHMENT NO. 5 POage 60f l4 .' .'. 1837 tl) Land Use Areas and Improvemerits (a) Exterio;r Yard Areas and parking areas shall be kept.free of deterioration, including: (i) Potholes (ii) Cracks in asphalt so as to become uneven, unsightly surface conditions (iii) Weeds growing through asphalt. (bY Perimeter fencing, landscaping and irrigation system, shall be routinely inspected and maintained in good condition. b. Each occupant of the Site shall have the af.firmative obliga,tionto prevent what might be considered a fire hazard or a condition dangerous toth~ public health, safety and general Melfare; or constit~te ,an unsightly appearance or otherwise detract from the ae'sthetic and property values of neighboring dwelling units and properties. The following minimum performance standards for the maintenance of buildings, yards, and landscaping shall be adhered to by the Participant: (l) Landscaping on the Site sha'll be absent of the following: (a) Lawns with grasses in excess of six (6) inches in height. (b) Untrimmed hedges. (c) Dying trees, shrubbe~y, lawns and other plant life fro~ la6k of water or other necessary maintenance. (d) Trees and shrubbery grown uncontrolled without proper pruning. Olj24j9l 3977n/2345/0l5 ATTACHMENT NO. 5 Page 7 of l4 . 1838 .. (e) Vegetation so overgrown as to be likely to harbor rats or vermin. (f) Dead, decayed or 'diseased trees,weeds and other vegetation,. (g) Inoperative. irrigation system(s). (2) Yards areas shall be maintained so as to be absent of the following: (a) Broken or discarded furniture, appliances and other household equipment stored in yard areas .for periods exceeding one (1) week. (b) Packing boxes,. lumber, trash, dirt and other debris stor.ed in yards for unreasonable periods in areas visible fr.om public property or neighboring properties. (c) Unscreened trash 'cans, bins or containers stored for unreasonable periods in areas v:i,s'fble from public streets and common areas. (3) No building, wall or fence may be left in an unmaintained condition so that any of the following exist: (a) Buildings abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. (a) VDpainted buildings or buildings with peeling paint in such a condition as to: ~. Cause dry rot, warping and termite infestation;_' or ii. Constitute an unsightly appearance that detracts ,from the aesthetic or property values of neighboring properties. (e) ,Broken windows, constituting hazardous conditions and/or inviting trespassers and malicious mischief. (d) Damaged garage doors that may become inoperative or unsafe to operate. 01i~4/91 3977h/23.45j015 AT~ACHMENT NO. 5 PageS of 14 . 1839 . (e) Graffiti remaining on any portion of the property for a period exceeding ten (lO) days. (f) Building interiors and exteriors shall be maintained to meet standards of similar residental property in the City of Poway. lO. City's Right of Review and Enforcement The City of Poway ("City") shall be made a party to this Declaration for the limited purpose as specified herein as follows: a. Changes or amendments to this Declaration must be submitted for City/Agency review and approval. b. In the event of inaction by the Agency as the Operator, the City is hereby granted expedient power to enforce all provisions of this Declaration including, but not limited to, the maintenance af the Improvements and all yards, buildings and landscaping areas within the Site. c. The City is hereby granted the express power to enforce all laws and ordinances of the State of California and/or the City of Poway on yards, structures, private parking areas within the Site. Nothing within this Declaration, however, shall be construed as imposing an obligation or requiring the City to enforce any provision thereof. d. The City shall be given prior written notice of any proposed amendment to this Declaration. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City of Poway, c/o City Clerk, together with a letter of transmittal explaining the proposed change in general terms. The City shall have an opportunity to review and comment upon the proposed amendment for a period of not less than forty-five (45) days prior to the effective date of any such proposed amendment. If the City or Agency fail to respond within forty-five (45) days, the proposed change(s) and amendment(s) shall be deemed disapproved, unless that time period is extended by mutual agreement of all parties, ll. City of Poway Right of Entry for Code Enforcement, Repair and Traffic Regulation (a) Right of Entry. Participant and the Agency as the Operator hereby acknowledges and intends and thus grants to the City, through the City's duly authorized agents or employees, the right to enter upon the Site for the following purposes: Ol/2.4/9l 3977n/2345/0l5 ATTACHMENT NO. 5 Page 9 of l4 " . . 1840 (lJ Inspection, maifitenance and repair of the Site. (2) Enforcement of local traffic and/or parking regulations. (b) Reimbursements of City Expenditures. All costs and expenses i'ncurred by the City ari sing out of its inspection, maintenance and repair of the Site, as provided . hereinabove (City Ma.intenance Costs'), shall be charged as an expense of the Agency and shall be pai'd wi thin ten (lO) days of receipt of an invoice for same. (c) Assessments and Lien Rights of the City. If City Maintenance Costs are not paid within thirty (30) days from the date due, said unp?id costs and expenses shall become a special assessment a'gains,t the Site and,. 'upon confirmation .by the City Council, shall be collected in the same manner as real property taxes and shall be subject to the same penalties, procedures and sale dn case of delinquency as is provided for real property taxes.' 12. MORTGAGE PROTECTION Notwithstafiding .any and all provisions elseWhere in this Declaration to the contrary, in order to induce lenders and investors to participate in the financing of the Site and the Improvement, the following provisions are added hereto, and to the extent these adde.d provisions confl.ict with any other provisions of this Declaration, these added provisions shall control: (a) Any first mortgagee or third party foreclosure purchaser who comes into possession or who obtains title to the Site pursuant to the remedies provided in the mortgage or foreclosure of the mortgage, or by deed or assignment in lieu of foreclosure, will not. be liable for such Site's unpaid charges which accrue prior to such possession or acquisition of title. The assessment liens provided for herein shall be subordinate to the lien or equivalent security interest of any first mortgage recorded prior to the date any such charges become due. Such subordination shall apply only to assessments which accrue prior to a sale or transfer of such Site pursuant to. a decree of foreclosure or trustee" s sale. Such sale or transfer shall not relieve such Site fram liability for any assessments thereafter becoming due or from the lien of any such subsequent assessment. (b) the books and hours. First mortgagees shall have the right to examine records of the Participant during normal business Ol/24/9l 3977n/2345/0l5 ATTACHMENT NO. 5 Page lO of l4 . 1841 8 (c) In the event of substantial damage to or destruction of the Site 0,1' any portion thereof, the mortgagee of any first mortgage on the Site shall be entitled to timely written notice of any such damage or destruction, and no provision in this Declaration shall be interpreted to entitle the Participant or any other party to priority over any rights of the first mortgagee of the Site pursuant to its mortgage in the case of a distribution to such Participant of insurance proceeds or condemnation awards for losses to or a taking of the Site. (d) The Participant or the Agency shall, upon the request of any first mortgagee, transmit to such mortgagee an annual audited financial statement of the Site within ninety (90) days following the end of any fiscal year. (e) If the Site or portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the mortgagee of any first mortgage will b.e entitled to timely written notice of any such proceeding or proposed acquisition, and no provision in this Declaration shall be interpreted to entitle the Participant or any other party to priority over such mortgagee with respec.t to the di stribution to such lot of the proceeds of any award or settlement. (f) As used in this Section l2, "first mortgagee" means any mortgagee under a mortagage which i's a first lien of record mad~ in goo~ faith and for value, or a junior lien of record made in good faith and for value by the City, the Agency or an institutional lender in order to assist in the financing of the improvement and/or rehabilitation of the Site. l3. MISCELLANEOUS PROVISIONS a. If any provision of this Declaration or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Declaration; and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. b. This Declaration shall be construed in accordance with the laws of the State of California. c. This Declaration shall be binding upon and inure to the benefit of the successors and assigns of the Participant. Ol/24/9l 3977n/2345/0l5 ATTACHMENT NO. 5 Page 11 of 14 . . 1842 d. In the event ,ac,tion is instituted to enforce any of the provisions of this, Declaration.. t.he prevaili'ng party in such action shall be enti-tiecj' to recover from the other party thereto as part of the' jiidgmemt, reasonable attorney's fees and costs. e. The Agency as the Operator shall be required to take a'll reasonable steps necessary to insure that each tenant and all assignees and transferors have knowledge of all terms and conditions of this Declaration. 14. The covenants and agreements established in this Agreement shall, without regard to technical classificatian and designation, be bindi~g on the Participant and any successor in interest to the Sit,e, or any part thereof, for the benefit of anc:i in favor of the Agency, its successor and assigns, and the City of Poway. The covenants contained in para'graphs 2(a) and 4 through 13 of this Agreement shall remain in effect for the term of the Redevelopment Plan, The covenants against discrimination contained in paragraphs ~b and 3, shall remain in effect in perpetuity. The covenants in paragraph 1 pertaining to the restrictions on rental ,of mobilehome space to households af low to moderate income'shal'l remain in effect at all times for the term of the Redeveiopfuent Plan. IN WITNESS WHEREOF, the Agency and the Participant have executed this Agreement. Dated': ~-<5- 91 POWAY REDEVELO MENT AGENCY ATTEST:, fi-/ , "AGENCY" 111~"'- Secret ry t'. P\J ~8tv Dated: [-.).<; -"1 I POWAY LAND INC., a California corporation By: (ff; 4^ ~'A j !,;v:< i2A'1 {)/Jty,u (/ ~ ;f!//c---. ~. cJ ' "DEVELOPER" By: 01/24/91 3977n/2345/015 ATTACHMENT NO. 5 Page 12 of 14 " . 1843 '. STArE OF CALIFORNIA ) ) s's. ) COUNTY OF SAN DIEGO On :J'~"u.A~I :<.5 , 1991, before me, the undersigned, a Notary Public in. and or 'said St,atp.~ p~rS()nallY appeared r' '\ ' " I"'lIlR;n>RIE' K. W~H "E-<> r",,, \","-0 oIS......'-tc".. ,.f.'ersonally nown to me (or proved to mc on ;-1:)0 b.u;Ji 0 of oatiGf:;J.ctgr~' E'Hi ,.,pn...p) to be the person whO executed this instrument as the Chairman ahd Secretary of the POWAY REDEVELOPMENT AG~NCY and acknowledged to me that the POWAY REDEVELOPMENT AGENCY executed it. ~. " OFFICIA\;SEAL ,.' .-'. CATHY,BROKAW : " NolIiIj I'IdIlIO-CllIlIIa ;:;.,; SAN DIEGO COUNTY .~... 1It~;Exp.Mayl"'l993 C~,~ Signatureo~tary Public (SEAL) STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO On T"'''''''''RI!; :25. /9"1' before me, the undersigned, a Notary Pulic'in and for said State, personally appeared P,<..J,.,n~"/ L, ku<? /-,1...,.. ,pgr,,'onally J[Rg~!~ ;-n mE' er-proved to me o'n the basis of satisfactory evidence to be the person who executed the within instrument as the President, and t:'J /iJa.", J", kw,...l-,I<U" , pcrGoR:llly ~nnwn tn me nr proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secret",ry of POWAYLAND INC.. a California corporation, tho limife,.,' pi'lrtnership that executed the within instrument,. and acknowledged to me that such 'j3artnoro:Rij3 ="'/,,0<""- -rIC",- executed the wi thin instrument .F"l?J7"'M..-'." +-~i WITNESS my hand and official seal. @,_.;..PFFIClAI.SEAl' , . '. CA1lfYlIROKAw .'. Nofmy.~ '!'O" IANlllEGOCOUNlY . My CaIIm. Elop. "" 14. 1993 Cd, v:f~~ (SEAL) Ol/.24]'9:l 39,77n/23:45/0l5 ATTACHMENT NO. 5 Page 13 of l4 COMMUNITY,MIDLAN D RD,----< R I ~_., R D, ' '/P0WAY '-'~'~MS, 9-'-' 01", ~ ~. . '': . . . \ .1i'F,.L4.Jl :1J.n'~j:Jj--'. ._IJ~/~. ~.-'. ~ '--51. C?/ ~ " ~ , ,. , '; ~r J CIVIC C(N1E.q c,~. ~ ---"-- J'. , 'I k' \ C , . ,. " , ~) <, OS/2'5/89 397711/2345/15 . . EXHIBIT "A" 1844 THESIJE (PARCE[A) o u , , " , -'<:':"'1 ... .~ . ~ c::.. :) " ..... .s- I TE @ 27.-57AC. ~ ,,~ :;:~ ..., ',' I!: :~ .~:-: -:- :., -1 '., ~'''' ';. -f> "L't ~ \..I'"", :I 0" 'l- .,. .... , .5.540:J7 o 7.67 AC CD li'-e2Ac. ..; ~ 1< 0) 30,70 AC " , .., " ~ "- , .-.: 0' ~ , ) OJ I_l ::.3. 7J ~ J.t.:~ S~~.!.l'.3..'-E ~.f':-#,) ("rl.C.S.I:;37) 24 " ATTACH~lENT NO'5A