HomeMy WebLinkAboutScottish-American Society of Central Florida, INC. Permit Agreement Highlanf Games 2025-2027 2024 07 222025-2027
CENTRAL FLORIDA SCOTTISH HIGHLAND GAMES
PERMIT AGREEMENT
HIS PERMIT AGREEMENT ("Agreement") is made and entered into as of the 2�6L day
2024 by and between the CITY OF WINTER SPRINGS, a Florida Municipal
Corporation ("City"), and THE SCOTTISH-AMERICAN SOCIETY OF CENTRAL
FLORIDA, INC., a Florida Not for Profit Corporation and Federal 501(c)(3) organization
("Permittee").
WHEREAS, Permittee desires to hold an annual Special Event for the benefit of the public
in the interest of increasing public awareness of Scottish culture and heritage through the
production of the Central Florida Scottish Highland Games at Central Winds Park; and
WHEREAS, Permittee has successfully held the annual Central Florida Scottish Highland
Games event at Central Winds Park since 2002 and desires to continue to hold the annual event in
the City; and
WHEREAS, Permittee desires permits from the City which would allow Permittee to
continue to hold the annual Central Florida Scottish Highland Games at Central Winds Park in
January 2025, 2026 and 2027, as permitted under this Agreement; and
WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials,
and experience to satisfy the permit requirements set forth hereunder and to provide the Special
Event as provided herein.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration in which Fa acknowledge has been received, the
parties agree as follows:
1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this
reference are fully incorporated into this Agreement.
2.0 General Provisions:
2.1 Definitions:
(a) "Advertise" shall mean the act of publicly announcing or calling attention
to the Special Event and could include, but not limited to, the distribution
of handbills or mass mailings, the use of outdoor advertising and
announcements by billboard, poster, radio, television or newspapers.
Scottish Highland Games Permit Agreement'
City of Winter Springs / Scottish -American Society of Central Florida, Inc.
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(b) "Ag►•ee►Went" or "Contract" shalt ►Wean this Agreement and all exhibits and
addendums thereto between the City and Permittee regarding the Special
Event permitted herein,
(c) "Central Winds Park" steal! mean the park owned and operated by the City,
which is located within the City of Winter Springs on State Road 434 and
adjacent to the Winter Springs High School and Lake Jessup.
(d) "City" shall mean the City of Winter Springs, a Florida Municipal
Corporation and its employees, agents and contractors.
(e) "City Manager" shall mean the City Manager of the Winter Springs, Florida
or his designee.
{f) "Permittee" shall mean The Scottish American Society of Central Florida,
Inc., a Florida Not for Profit Corporation and Federal 501(c)(3)
organization, and its officers, employees, agents, and its contractors.
(g) "Effective Date" shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement
shall go into effect. The Agreement shall not be effective against any party
until said date.
(h} "Public Retards" is as defined in Chapter 1 I9, Flarida Statutes.
(i) "Special Event" shall mean the outdoor Scottish Highland Games at Central
Winds Park, further described in this Agreement. The Speeia! Event shall
be held on January 18 & 1% 2025; January 17 & 18, 2026; January 16 &
17, 2027. The Special Event shall be planned, promoted, managed, and
operated by the Permittee pursuant to this Agreement.
(j) "Central Winds Park Pavilion" shall mean the pavilion owned and operated
by the City, which is totaled within Central Winds Park.
(k) "Senior Centel 'shall mean the City facility owned and operated by the City,
which is located at 400 S. Edgemon Avenue, Winter Springs, Florida,
32708,
2,2 Permit, The City hereby permits the Permittee and the Permittee agrees to provide
the Special Event as set forth in this Agreement. No prior or present agreements or
representations shall be binding upon any of the pa►•ties hereto unless incorporated
in this Agreement.
Scottish
Highland Gaines PCr1S111 Agreement
City of Winter Springs /Scottish -American Society of Central Ftartda, Inc.
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3.0 Scope of Speciai Event. Permittee agrees to provide the following Special Event under
the following special operating conditions;
i
3.1 Special Event. Permittee shall Advertise, produce, plan, promote, manage and {
operate the Special Event in cooperation with the City. In furtherance thereof,
Permittee agrees to keep the City Manager fully informed of its plan to promote,
manage, and operate the Special Event so that City can reasonably satisfy its
obligations under this Agreement and reasonably address issues of public health, i
safety, and welfare related to the Special Event. j
3.2 Food and Beverage. Permittee agrees to provide all food and beverage
concessions for the Special Event. Permittee shall retain all fees and commissions
from the concessions provided by Permittee. Alcoholic beverages shall be limited
to beer, wine and frozen drinks, if provided. However, Permittee may allow a
scotch whiskey distributor to distribute %s ounce samples of Scottish whiskey from
their assigned booth during the Special Event.
3.3 Sponsorshi!p; Event Fees. Unless otherwise provided in this Agreement,
Permittee shall retain the sole right to all sponsorships and paid fees for the Special
Event,
3.4. Staging; Other Production Materials. Unless otherwise provided herein,
Permittee shall provide all staging and production materials necessary to produce a
high quality Special Event including, but not limited to, professional audio system,
staging and stage lighting, golf carts, radios, tents, port -a -lets, security, event staff,
and catering for staff.
3.5 Professional Entertainment. Permittee shall provide professional entertainment
during the Special Event as deemed appropriate to a famiiy oriented and traditional
Scottish event.
3.li City Special Event Policy. Permittee agrees to comply with the City's written
Special Event policies, if any, deemed applicable to the Special Event by the City
Manager.
3.7 Permits. Permittee shall obtain all local, state, and federal permits necessary to
hold the Special Event and conduct any pal-ficuiar activities therein. City shall
waive all City permit fees for the Special Event in consideration of the
compensation required to be paid City under this Agreement,
3.8 Clean up. Permittee shall coordinate and monitor the pick up and disposal of
garbage and other debris from the Special Event areas.
Scottish Highland C3atucs Permit Agreement
City of Winter Springs /Scottish -American Society of Central Florida, lue.
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3.9 Port -a -let Supplies. Permittee shall be responsible for keeping the port -a - let
facilities stocked with necessary paper products.
44 pensation ,Expenses &Obligations.
4,1 Annual Rental Fee. During each year of this Agreement, Permittee shall pay the
City a field and facility rental permit fee in the amount of Eight Thousand and
no/100 Dollars ($8,000.00) for the use of Central Winds Park for two (2) days.
Permittee shall pay the annual field and facility rental permit fee to the City no later
than January 2 of each year of this Agreement. The annual field and facility rental
permit fee shall increase by 3%each year of the Agreement.
4.2 Field Repair and Maintenance Fee. During each year of this Agreement,
Permittee shall pay the City a field repair and maintenance fee in the amount of
Seven Thousand and no/100 Dollars ($7,000.00), which sum shall be used for
Winter Springs community events. Permittee shall pay the annual field repair and
maintenance fee no later than March 2 of each year of this Agreement. The annual
field repair and maintenance fee shall increase by 3% each year of the Agreement.
4.3 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee
shall pay all costs and expenses necessary for the Permittee to satisfy its obligations
under this Agreement including, but not limited to, fire and police services and
extra City personnel services caused by the Special Event as deemed reasonably
necessary by the City Manager; cleanup of Central Winds Park and surrounding
area; parking coordination; repair of damage to Central Winds Park in excess of
$5,000.00 caused by the Special Event; portable restroom facilities as deemed
reasonably necessary by the City Manager; all necessary power at Central Winds
Park to include three phase 300-amp; single phase 100-amp power drop at the main
stage location and additional 20-amp as needed (each of the main drops must be
isolated for during the Special event and on set-up days), existing lighting of
Central Winds Park and surrounding areas. For each year of this Agreement,
payment for these expenses owed to City under this provision shall be made at the
conclusion of the Special Event, or within ten (10) days of presentation of such
expenses by City to Permittee, whichever occurs later.
4.4 City Obligations. City shall provide the following services and facilities for the
Special Event; {A) use of Central Winds Park on the two (2) days of the CenU•al
Florida Scottish Highlands Games, and Permittee shall have general access during
the five (5) preceding days for set-up purposes and the five (5) days following the
event for load out and clean up purposes; (B) use of Central Winds Parking areas
in addition to City -owned parking areas at City Offices on the days of the Special
Event; (C) restroom facilities at the baseball complex; and (D) two (2) light towers
Seottislt Highland Games Permit Agreeutetrt
City of Winter Springs / Scottish -American Society of Central htoxida, lnc.
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to be used for the Event, as needed; (E) Use of the CKy s Senior Center fot
Pertnittee board meetings, throughout each year, with prior City approval when
scheduled no less than two weeks in advance; (F) Use of one Central Winds Park
Pavilion for Perrnittee's training day on the Sunday prior to the Special Event, The
City will use its best effort to keep the Special Event cordoned off through the use
of fences, ropes, and other demarcation devices, from other parts of Central Winds
Park not being used for the Special Event. Additionally, in the sole discretion of the
City, the City will make improvements to Central Winds Park that may include, but
are not limited to, road paving, electrical upgrades to the amphitheater, and
increased water supply lines to the expansion fields.
5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of
this Agreement and satisfied itself as to the conditions affecting the Special Event desired
hereunder, the availability of materials and labor, the cost thereof, the requirements to
obtain necessary insurance, permits, professional entertainment and the steps necessary to
complete the Special Event within the time set forth herein. The Pertnittee warrants unto
the City that it has the competence and abilities to carefully, professionally, and faithfully
complete the Special Event in the manner and within the time limits proscribed herein. The
Permittee will perform. the Special Event with due and reasonable diligence consistent with
sound professional and labor practices and with due and reasonable consideration to the
public health, safety, and welfare.
6.0 General Miscellaneous Prorlslons. The following general miscellaneous provisions shall
apply to this Agreement:
G.l Time of the Essence. The City's responsibility to make Central Winds Park
available to Permittee is limited to the time periods set fortis hereunder. As such,
the Pertnittee acknowledges and agrees that time is of the essence for the
completion of the Special Event to be performed under this Agreement.
6.2 Non -Business Day. itt the event that any period of time as set forth in this
Agreement expires or any date herein occurs on a Sah►rday, Sunday, holiday or
other non -business day, then such date shall automatically extend to 5:00 p.m. on
the next subsequent business day, excluding the day the Special Event will be held
pursuant to this Agreement.
6.3 No Assignment, This Agreement shall not be assigned or transferred unless prior
wrifien consent is granted by the City Commission of Winter Springs.
6.4 Further Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perforni any further aet(s),
execute and deliver any further documents which may be necessary or desirable in
order to carry out the purposes and intentions of this Agreement.
Scottish kIighlaad Gatues Permit Agreement
City of Winter Springs /Scottish -American Society of Central Florida, tne.
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G.S Legal Representation. The parties acknowledge that Anthony A. Garganese,
Esquire, and Garganese, Weiss, D'Agresta and Salzman, P. A., and other attorneys
therein, have acted as counsel for the City in connection with this Agreement and
the transactions contemplated herein, and have not given legal advice to any party
hereto other than the City.
6.6 Severabiillty. If a word, sentence, or paragraph herein shalt be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be
severed from this Agreement, and this Agreement shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, or paragraph did not exist.
6.7 Governing Lave, Venue. This Agreement shall be governed by the law ofthe State
of Florida. Venue of all disputes shall be properly placed in Seminole County,
Florida. The parties agree that the Agreement was consummated in Seminole
County, and the site of the Special Event is Seminole County. If any dispute
concerning this Agreement arises under Federal law, the venue will be the Middle
District of Florida, Orlando Division. Any objections to jurisdiction and venue are
expressly waived.
G.$ Attorneys Fees. In the event any litigation or controversy arises out of or in
connection with the parties hereto, the parties agree to bear their own costs and
attorney's fees.
6.9 Non Waiver. Rio delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver
of that or any other rights, unless otherwise expressly provided herein,
G.10 Notices. Any notice, request, instruction, or other document to be given as part of
this Agreement shall be in writing and shall be deemed given under the following
circumstances: when delivered in person; or three (3) business days after being
deposited in the United States Mail, postage prepared, certified or registered, or the
next business day after being deposited with a recognized overnight mail or courier
delivery service; or when transmitted by facsimile or telecopy transmission, with
receipt acknowledged upon transmission; and addressed as follows (or to such other
person or at such other address, of which any party hereto shall have given written
notice as provided hereln);
TO THE CITY:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Fla 32748-2799
Scottish Highland Games Permit Agreement
City of Winter Springs / Scottish -American Society of Central Florida, lnc,
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407-327-5957 (Phone)
407-327-6686 (Fax)
WITH A COPY TO:
TO PERMITTEE:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D'Agresta & Salzman, P.A.
I l I N. Orange Avenue, Suite 2000
Orlando, FL 32802
407425-9566 (Phone)
407425-9596 (Fax)
The Scottish -American Society of Central Florida, Inc.
Attention; President
P. O. Box 915355
Longwood, FL 32791-5355
Phone;
Email;E5/ 1��N� �UgSCoT
G.11 Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered, shall be original; but such
counterparts shall together constitute but one and the same instrument.
G.12 Public Reeorcl. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other
writing of the Permittee related, directly or indirectly, to this Agreement, may be
deemed to be a Public Record whether in the possession or control of the City or
the Permittee. Said record, document, computerized information and program,
audio or video tape, photograph, or other writing of the Permittee is subject to the
provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval of the City. Upon request by the City, the Permittee shall
promptly supply copies of said Public Records to the City. All books, cards,
registers, receipts, documents, and other papers in connection with this Agreement
shall at any and all reasonable times during normal business hours of the Permittee
be open and freely exhibited to the City for the purpose of examination and/or audit.
Failure by Permittee to grant such access and comply with public records laws
and/or requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City upon delivery of a written notice of cancellation. If the
Permittee fails to comply with this Section, and the City must enforce this Section,
or the City suffers a third party award of attorney's fees and/or damages for
violating Chapter 119, Florida Statutes, due to Permittee's failure to comply with
Scottish I•Iiglitnnd Gaines Perini( Agreement
City of Winter Springs / Scottish -American Society of Ccntral Florida, luc.
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f]
this Section, the City shall collect from Permittee prevailing party attorneys fees
and costs, and any damages incurred by the City, for enforcing this Section against
Permittee. And, if applicable, the City shall also be entitled to reimbursement of
aIt attorneys' fees and damages which the City had to pay a third party because of
the Permittee's failure to comply with this Section. The terms and conditions set
foA in this Section shall survive the termination of this Agreement.
ti.t3 Interpretation. Both the Ciry and the Perini#tee have participated in the drafting
of all parts of this Agreement. As a result, it is the intent of the parties that no
portion of this Agreement shall be interpreted more harshly against either of the
parties as the drafter.
d.14 I�Io Joint Venture. This Agreement shall not in any way be deemed to create a
joint venture or principal -agent relationship between Permittee and the City.
6.15 i.Vo Ciity Representations and Warranties; Suceess oi' Special Evetrt. Permittee
agrees and acknowledges that the City has made no representations and warranties
regarding the Special Event. Pertnittee has assumed full responsibility for
furnishing, performing, and completing the Special Event and that Permittee agrees
and acknowledges the City has in no way guaranteed that the Special Event will be
successful and profitable by any person's standard and belief of success and profit.
6.16 Modification, Any modification or amendment to the #erms and conditions of this
Agreement shall be set forth in writing and approved by both parties hereto.
7.0 Entire Agreement, This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agrecrnents,
either oral or written, and all such matters shall be deemed merged into this Agreement.
8.0 Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28,
Florida Statutes and any other statutes and common law governing sovereign immunity to
the fullest extent possible. Neither this provision nor any other provision of this Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida Statutes, or other limitations imposed on the City's potential liability under
state or federal law. Permittee agrees that City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further, City shall not be
liable for any claim or judgment, or portion thereof, to any one person for over two hundred
thousand dollars ($200,000A0), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions
arising out of the same incident or occurrence, exceeds three hundred thousand dollars
($300,000.,00). Nothing in this Agreement is intended to inure to the benefit of any third
patty for the purpose of allowing any claim which would otherwise be barred under the
Seottisl► IIigliland Gn�ues Permit Agreement
City of Winter Springs / Scottisk�-American Society of Central Florida, luc.
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doctrine of sovereign immunity or by operation o£ law. This paragraph shall survive
termination of this Agreement.
9.0 General LiabllI Y Insurance, For all activities and services permitted and which occur
under this Agreement, including any and all activities and services provided and performed
by Permittee and by authorized participants of the Special Event, the Permittee shall
purchase and maintain, at its own expense, such general liability insurance, food and liquor
liability insurance and automobile liability insurance to cover claims for damages because
of bodily injury or death of any person or property damage aising i rn any way out of the
activities and services permitted and occurring under this Agreement, including any and
all activities and services provided and performed by Permittee and by authorized
participants of the Special Event. The insurance shall have minimum limits of coverage of
$1,000,000.00 per occurrence combined single limit for bodily injury liability, property
damage liability, and food and liquor liability. This shall include, but not be limited to,
automobile liability of owned vehicles, hired and non -awned vehicles, and employee non"
ownership, All insurance coverage shall be insurer(s) approved by the City Manager and
licensed by the state of Florida to engage in business of writing of insurance. The City
shall be named on the foregoing insurance policies as "additional insured." The Permittee
shall cause its insurance carriers to furnish insurance certificates and endorsements
specifying the types and amounts of coverage and effect pursuant hereto, the expiration
date on such policies, and the statement that no insurance under such policies will be
cancelled without thirty (30) days prior written notice to the City in compliance with other
provisions of this Agreement. The Permittee shall be solely responsible to pay any
deductible, if any, relating to any claim made against the insurance coverages and policies
provided under this Agreement. If the City has any objection to the coverage afforded by
or other provision of the insurance required to be purchased and maintained by the
Permittee in accordance with this paragraph on the basis of its not complying with the
Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of
the date of delivery of such certificates and endorsements to the City. For all activities and
services permitted and occurring under this Agreement, including any and all activities and
services provided and performed by Permittee and by authorized participants of the Special
Event, the Permittee shall continuously maintain such insurance in the amount, type, and
quality as required by this paragraph.
10.0 Indemnification anti il[ald Harmless.
I0.1 For all activities and services pet•rnitted and occurring under this Agreement,
including any and all activities and services provided and perfor•rned by the Permittee and
by authorized participants of the Special Event, Permittee agrees to the tallest extent
permitted by law, to indemnify and hold harmless the City and its employees, officers, and
attorneys from and against all claims, losses, damages, personal injuries (including but not
limited to death), or liability (including reasonable attorney's fees), which directly or
indirectly arises out of, or results from any act or failure to act of the Permittee or any
Scottish Highland
Higlilnnd Gatucs Pcrmil Agreement
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person authorized by the Permittee to participate in the Special Event which in any way is
related to the Perrnittee's obligations under this Agreement, and/or the services and
activities provided and performed tinder this Agreement.
The indemuAatiort provided above shall obligate the Permittee to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any
and all claims of liability and all suits and actions of every name and description that may
be brought against the City or its employees, officers, and attorneys which may arise or
result from this Agreement, In all events, the City shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be reasonable and subject to and included
with this indemnification provided herein,
10.2 For all services provided under this Agreement, the City agrees to the fullest extent
permitted by law, to indemnify and hold harmless the Permittee and its employees, officers,
and attorneys from and against all claims, losses, damages, personal injuries (including but
not limited to death), or liability (including reasonable attorney's fees), which directly or
indirectly arise out of, or result from any negligence of the City, its officers and employees.
The City's liability to the Permittee under this subsection shall not include punitive
damages, or interest for the period before judgment. Additionally, the City shall not be
liable pursuant to this indemnity to pay a claim or judgment by any one person which
exceeds the sum of $200,000.00 or any claim or judgment, or portions thereof, which, when
totaled with all other claims or judgments paid by the City arising out of the incident or
occurrence, exceeds the sum of•$300,000.00.
This section 10,0 shall survive termination of this Agreement,
11.0 Standard of Care. In performing its activities and services hereunder, the Permittee will
use that degree of care and skill ordinarily exercised, under similar circumstances by
reputable members of its profession practicing in the same or similar locality, Permittee
shall protect the public and property from any safety hazards directly or indirectly resulting
from the Special Event and the authorized participants thereto.
12,4 No Guarantee by City; Suspension or Cancellation of Special Event, Nothing
contained in this Agreement shall be const!•ued as a guarantee for the use of any City owned
or maintained facility. The parties fttlly understand and agree that City owned or
maintained facilities, or pails thereof, may not be suitable, at the discretion of the City, for
use due to inclement weather, lightning, vandalism, emergencies, acts of God, hazardous
conditions, or any other circumstance that the City deems could injure the participants or
damage the facilities. The City shall have the right to temporarily suspend or cancel the
Special Event at any time in the event of an adverse weather condition, emergency, or in
the event of any other occurrence requiring the temporary suspension or cancellation of the
Special Event in furtherance of the health, safety and welfare of the City, pursuant to its
Scottish I•Iighland Gaines Perini( Agreenten!
City of Winter Springs / Scottish -American Society ofCentral Florida, ine.
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inherent police powers under Chapter 166, Florida Statutes. Any such suspension or
cancellation shall be at the City's sole discretion and shall be without penalty to the City.
The City shall provide Permittee with notice of any suspension or cancellation of the
Special Event as soon as is practicable under the circumstances warranting suspension or
cancellation. If the Special Event is cancelled through no fault of the Permittee, the City
shall refund the annual rental fee paid by Permittee under this Agreement.
I3.0 Term; Termination; Extension. The term of this Agreement shall commence upon full
execution of this Agreement by the parties and end at such time Permittee has fully
performed all the services required by this Agreement to the complete satisfaction of the
City. Either party may terminate this agreement, without penalty, upon 90 days' written
notice to the non -terminating party. This Agreement may be extended by one two"year
extension, for the Special Event dates of January 15 & 16, 2028, and January 20 & 21,
2029, by written mutual agreement of the parties. Such mutual written agreement of the
parties shall be entered into on or before March 1, 2027.
14.0 Permittee's Signatory. The undersigned person executing this Agceenrerrt on behalf of
Permittee hereby represents and warrants that he has the full authority to sign said
Agreement for• Permittee and to fully bind Permittee to the terms and conditions set forth
in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
CITY;
G1TY OF WINT
Ry:
Ph
Date: ZZ Z
City Manager
PERMITTEE:
THE SCOTTISH-AMERICAN SOCIETY
OF CENTRAI. FI..ORIDA, INC. - ,,`-�•
By: ,Q �G��✓
S1 , President
Date:
ScoiiisL Highland Gnmes Pcrmil Agteemenl
City of Winter Springs / Scottish -American Society of Central Florida, Inc.
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