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412, Construct a retaining wall in , Resolutions & Approval Conditions• RESOLUTION NO. 91-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-8 GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 412. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Gordon Siu with respect to real property located at 9 Caballeros Road, Rolling Hilts (Lot 32-SK) requesting a modification to the condition of approval for a Variance to the side yard setback requirements to construct additions to the existing structure, a Variance to construct a retaining wall, and Site Plan Review. The modification requested is to extend the allowable time period to fulfill the requirements of the County of Los Angeles Department of Building and Safety. Section 2. The Commission considered this item at its meeting on May 21, 1991 at which time information was presented indicating that the extension of time is necessary due to the requirements of the County. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph (C), Section 10 of Resolution No. 90-8 to read as follows: "C. The Variance and Site Plan Review approvals shall expire within twenty-four (24) months of the approval of this Resolution." Section 4. Except as herein amended, the provisions of Resolution No. 90-8 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF MAY, 1991. ATTEST: Qv,Ors .: nr DIANE SAWYER, DEPUVA CITY CLERK C-A„„g, ALLAN ROBERTS, CHAIRMAN • • Resolution No. 91-11 Page 2 The foregoing Resolution No. 91-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-8 GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 412. was approved and adopted at a regular adjourned meeting of the Planning Commission on May 30, 1991 by the following roll call vote: AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN ROBERTS NOES: NONE ABSENT: NONE ABSTAIN: NONE DEPUTY CITY CLERK For Records Use RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Pleaserecord this form with the -Registrar -Recorder's Office and return to: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation.) Acceptance Form STATE OF_CALIFORNIA ) ss COUNTY OF LOS ANGELES ) CONDITIONAL USE PERMIT CASE NO. VARIANCE CASE NO. 412 I (We) the undersigned state: I am'(We are) the owner(s). of the real property described as follows: 1 Maverick Lane, Rolling Hills,CA 90274 (LOT.31-:$K) This property is the subject of the above numbered cases. I am (We are) aware of, and accept, all the stated conditions in said • Conditional Use Permit•Case No.' Variance Case No. 412 I (We) certify (or declare) under the penalty. of perjury that the foregoing is true'and correct. (Where the owner•.and applicant. are not the same, both must sign.) Type or print Applicant Name Address City, State Signature Owner Name Address City, State Signature This signature must be acknowledged by a notary public. Attach appropriate acknowledgement. • • RESOLUTION NO. 90-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO THE SIDE YARD SETBACK, AND SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 412 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. Gordon Siu with respect to real property located at 9 Caballeros Road, Rolling Hills (Lot 32-SK) requesting a variance to the side yard setback requirements to construct an addition to the residence, and site plan review approval to construct additions to the existing structure. A joint application was also duly filed by Mr. Gordon Siu with respect to Lot 32-SK and Dr. and Mrs. Mansoor Mirsaidi with respect to real property located at 1 Maverick Lane, Rolling Hills (Lot 31-SK) requesting a variance to construct a retaining wall, portions of which to lie on both parcels described above. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on January 16, 1990, February 20, 1990 and March 20, 1990; and conducted a field site review on January 6, 1990 and February 10, 1990. Section 3. With respect to the application submitted by Mr. Siu for a variance to the side yard setback to construct an addition to the residence, Sections 17.32.010 through 17.32.030 permit approval of a variance from the standards and requirements of the Zoning ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of the property to the same extent enjoyed by similar properties. Pursuant to these Sections, the Planning Commission finds that: A. Due to the shape and topography of the lot and the existing developmental pattern, the residence cannot be expanded significantly into the side yards, because thelot is generally narrow and elongated, and the existing residence was originally developed with an angular orientation upon the lot. B. In view of the topographical situation and the existing developmental pattern of the residence, there exists unique circumstances, not generally applicable to other properties in the same zone, that justify the encroachment because the residential structure cannot be expanded significantly into the other side yard or front yard. C. The grant of the variance under these circumstances will not be detrimental to the public health, safety and welfare, will be compatible with surrounding properties and will be consistent with the goals of the Zoning Ordinance. Section 4. Based on the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 412 to permit an encroachment into the side yard setback, as indicated in the development plans submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions set forth in Section 10 of this Resolution. Section 5. With respect to the application submitted by Mr. Siu for site plan review, Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any building or structure may be constructed or any expansion, addition, alternation or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by more than twenty-five percent (25%) in any thirty-six (36) month period. Section 6. The Commission makes the following findings of fact: A. The proposed residential structure at 9 Caballeros Road is compatible with the low density, rural character requirements of the General Plan. This project is compatible with the Zoning Ordinance because. the project complies with the Zoning Ordinance lot coverage requirements. The net square footage of the lot is approximately 82,400 square feet. The proposed residential structures and stable equal 6,419 square feet which represents 7.8% structural lot coverage, which is within the 20% maximum coverage that is permitted. The total lot coverage is 9,703 square feet which represents a proposed total lot coverage of 11.8% which is within the 35% maximum coverage that is permitted. The proposed project is compatible with surrounding residential structures. The proposed project includes a residence and existing stable, which structures are similar to surrounding residential land use patterns. B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because the proposed development will minimize grading by incorporating use of the existing building pad, lowering the proposed southerly residential addition, and retain the existing barn. The project will not disrupt mature trees and minimize alteration of existing natural land forms on the site. • • C. The development plan follows natural contours of the site to minimize grading because all drainage flow from the site will be channeled into existing drainage courses to the canyon. D. The development plan preserves surrounding native vegetation of the site and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves that natural and undeveloped state of the lot by minimizing building coverage •because the construction will not impact most of the lot area and will occur within the existing rear yard area of the lot where the current stable and open space exists and will be retained. F. The proposed development is harmonious in scale and mass with the site, the natural terrain and surrounding residences because the structures will have a building pad coverage of 32.8% and a total lot coverage of 11.8%, which are less that the prescribed maximum percentages permitted by the City. G. The proposed development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles because the existing driveway entry will not be changed. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 7. Based upon the foregoing findings, the Commission hereby approves the site plan review application for an expansion of the residential structure on the property located at 9 Caballeros Road as indicated on the development plan attached hereto as Exhibit A and subject to the conditions set forth in Section 10 of this Resolution. Section 8. With respect to the joint application submitted by Mr. Siu and Dr. and Mrs. Mansoor Mirsaidi for construction of a retaining wall crossing the common property line, Sections 17.32.010 through 17.32.030 permit approval of a variance from the standards and requirements of the Zoning ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of the property to the same extent enjoyed by similar properties. Pursuant to these Sections, the Planning Commission finds that: A. Due to the shape and topography of the lot and the existing developmental pattern, construction of a retaining wall within the side yard is necessitated due to significant topographical conditions that exist, and because such wall is necessary to allow vehicular access to the rear each parcel. B. In view of the topographical situation and the existing developmental pattern, there exists unique circumstances, not generally applicable to other properties in the same zone, that justify the encroachment of the retaining wall. The construction of the wall will permit vehicular access to the rear of the parcels and mitigate potentially unsafe conditions by supporting the sloping topography adjacent to the vehicular access. C. The grant of the variance under these circumstances will not be detrimental to the public health, safety and welfare, and will be compatible with surrounding properties and will be consistent with the goals of the Zoning Ordinance because the retaining wall serves to support earth on Lot 31-SK that may impact Lot 32-SK should ground failure occur along the vehicular access. Section 9. Based on the foregoing findings, the Planning Commission hereby approves the variance for Zoning Case No. 412 to permit construction of a retaining wall which encroaches into the side yard setback, as indicated in the development plans submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions set forth in Section 10 of this Resolution. Section 10. The variance granted in Section 4, the site plan review approved in Section 7, and the variance granted in Section 9 are subject to the following conditions: A. The variance to construct a residential addition in the side yard setback as indicated on the development plan shall not be effective if the existing residential structure is demolished to an extent of more than fifty (50%) percent. B. Pursuant to Section 9, the variance for the construction of a retaining wall as indicated on the developmental plan shall not be effective unless a certified copy of the settlement agreement, as filed in the Los Angeles Superior Court entitled Stinnett v. Mirsaidi, L.A.S.C. Case No. C 694969, is filed with the City Clerk. C. The variance approvals shall expire if not used in one year from the effective date of approval as defined as specified in Section 17.32.110 of the Municipal Code. D. The proposed building plan must be approved by the Rolling Hills Community Association Architectural Committee before the applicant receives a grading permit from the County of Los Angeles. • • E. Prior to the submittal of a final grading plan to the County of Los Angeles, the grading plan shall be submitted to the Rolling Hills Planning Department staff for their review, along with related geology, soils and hydrology reports. This grading plan must conform to the development plan as approved by the Planning Commission. F. A landscape plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. The landscaping plan shall incorporate existing mature trees and native vegetation. A bond in the amount of the cost estimate for the landscaping plus 15% may be required to be posted and retained with the City for not less than two years after landscape installation. The retained bond will be released by the City after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. G. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the development plan approved with this site plan review. H. Any modifications to the development plan as approved by the planning Commission shall require the filing of an application for modification of the development plan and must be reviewed and approved by the Planning Commission pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. day PASSED, APPROVED AND ADOPTED this 7th April , 1990. /s/ Allan Roberts Allan Roberts, Chairman ATTEST: \41;(2 Deputy f'ity!"Clerk r % 01/17/90 • 18:09 • 002 • ., MUTUAL RELEASE AND SETTLEMENT AGREEMENT itEaw MAR 2 0 1990 CITY bt` ROLLING HILLS By 1. 1' R1'XES 1.1. The parties to this Mutual Release ali2H0JettlenOWS. Agreement ("Agreement") are Rolling Hills Community oiation of Rancho Palos Verdes ("RCHA"), represented by sid* T. Crab, Roy Stinnett and Rosemarie Stinnett (hereinafter theI "STINNETTS") , represented by chriatopher F. Wilson o!l ,the law offices of Morgan, Lewis & Sockius, and Jesse 8. Heriat,dos of the law offices of Anderson, NcPharlin & Conners, and Merlsoor end Manzar Mirsaidi (hereinafter the "MIRSAIDIS"), repted by Alex Powell of the law offices of Cornell, Powell, Mievney & Hackett and Neil Gunny of the ].aw offices of Sages a Nsasphy. 2. RECITALS 2.1 On or about auly 13, 1988, the bT action in the Los Angeles superior court entitled ,irsaid i, L.A.S.C. Case No. C 694 969, alleging, interferences with an easement, emotional distress, injury. The MIRSAIDIS filed an Answer\denying the s the Complaint. • 2.2 On or about September 7, 19e6, .the 11107.0AXDZS filed a cross -complaint against the STINNETT8 eliegt#ty, Alia, interference with an easement,* emotional distsisips, and 01,17,90 • 18:10 • 003 personal injury. The STINNETTS filed an Answer dki#Aqthe allegations of the Cross -Complaint. 2.3 The parties have now agreed to set4 e1. disputes between them. 3. ZOBZEI liF.'I'NZEI�.. MiR„ PARtaBfi 3.1 7avntu by us Parties. The 1411110tiVIS Shall Soey the sum of $16,500.00 to the STINNETTS; the STINNIOTS shell pert' the sum of $16, 500.00 to the MIRSAIDIS: and IRRCA shall pay the Scum of $1,000.00 for easement clearance. Said polOwnts:shell be allocated by the parties as set forth in section '3f.2 below. 1-- 3.2 Allocation.of Pods. Of the $34, OO to be paid, $22,000 will be allocated to the STINNETTS as froctiional disks • and -physical injury compensationt.$12,000 vill'be allocated to the STINNETTS for clearance of the easement. If the cost of clearance of the easement exceeds, $12, 000, they of MIRSAIDIS will pay the additional monies needed equally the additional expense. It the cost of than $12 , 000, the unused easement clearance funds' to the MIRSAIDIs. 3.3 �a�een�_and and will share darance is loss Shell be paid retaining wall ("New Retaining Wall') which is 30 A *eeest long and 01/17/90 .18:11 • 004 32 inches high at its highest portion shall be built in the easement. The easement shall be at least 17 fee t4Lde ,at !the dowhill end of the Now Retaining Wall. The uphillrl and of .the Mew Retaining Wall shall terminate at, the downhill end* the conorete stripe presently in the easement. The MIR$AIDIS eshall . be permitted to cutltnd m imtain .an entrance into the easement from their parking areal thigh the old retaining wall presently in the easement whictieis cleeeot to tha MIRs1 IDI house. The entrance' shall not 20 feet in width. The entrance shall be for a driveway. Oleander bushes ourz ently in the oast 11. be removed or moved back away from the STINNICTT pr sty at Least five feet and replanted or replaced. Dirt, top -soil or fill dirt removed pursuant to this agreement to clear blockage of shall be placed in lower areas ,of the easement easement to bs passable by a hay truck into the ea(e etionb II driveway. Decomposed granite may be placed in th6leameSent tta help make the easement passable by a hay truck. The concrete strips, old retaining valt ap fennel and drainage pipes currently in the easement need no 1,o fc drved. - 3 01/17/90 •18:11 • 005 The five ash tress along the edge of thelFIPSIAIZt property closest to the STTNNSTT property shall be1reasovedlby tbs MIRSAIDIS and replanted, if at all; in a location +er.• they via l not block or grow to bloc) the view from the STXMOIOT prepertY 3,4 trainin R� Q- Wea. The MIUSl1Tatl:Itsd }OMMTTS will and hereby do stipulate to the restraining osier• e,kmbeid.• heroto as Exhibit 1. 3.5 Dismissal With Preiudice. The mites 's3esill I prepare, execute and filo requests for dismissal, -Sith preludiCie, dismissing the lawsuit referred to in the recitals, 3.6 Couts_ a►n¢ Peen. . The parties 1 biSertheiti own costs and attorneys' fees (except to the extent insuteinee carriers for the parties are obligated to pay dst114 cis incurred by their insureds). 3.7 conajeration. The execution a0i(e1 documents provided for herein is in consideratior this execution and delivery of releases contained in ti t Aeht. '4. 4.1 Re1U06s. For the consideration •' •forth• Lin this Agreement, the receipt and adequacy of which -lie hereby 1' f: I! ! 01ii7/90 • 18:12 • 006 1 w i acknowledged, the parties to this Agreement, and hereby release and forever discharge each other, sil Jowls! of their assocfatQs, owners, stockholders, prededeseellet.ea4c 4o , heirs, spouses, executors, administrators, assigniolvente, insurers, directors, officers, partners, joint vaC4Overs, lawyers, and all persons acting by, through, under for invonoe t with them, or any of them, from any and all claisis�Idemands, actions or causes of action, or obligations, liabilities, indebtedness, breaches of contract, breaches of dolor, suite, liens, Lawsuits, costs, or expanses of any natur.! alsoever, known or unknown, fixed or contingent (except enyP4g nts••or claims arising directly from this Agreement), ur1i4rq out•ot, based upon, or relating to the lawsuit referred tel in th. Recitals, the claims made in it, or the facts a11d od1 in it. (The parties, however, reserve any unresolved aia1astbearnay have against their own insurers.) 4.2 Jvenants. The Settling• Parties; * ttiggiOrr covenant and agree that they will pursue no ale � St ems( id action against the other parties hereto, their } j I assigns, agents, insurers, employees, attorneys th t attorneys at law, or any of them,.'colloctively o i via ly ! for any type of relief that in any fashion itnrcioftlaretieeis from the lawsuits described in the Recitals h ve10,! including the prosecution thereof. (Except that the parties pxve'the -5 _ 01/17/90 018:13 • rights to pursue any unresolved claims they mkbt their own insurers.) 4.3 WarrAntips. Each of the pes1.4400 sent, and warrants to the other that each has:. . capacity, and authority to enter into this 14i redOsit. "1. none of them has sold, assigned, .er in any'maumeeprii210fittribetOnT claims which any of them ever had against the othiiir.to air th. 1 d party, and that no other releases or nettleMoat 114 from any other person or entity to release aMda ! • 007 f ii completely the other parties from the claims 4.4 Waives.. It is the intentlo>a executing this each and every specified from Agreement, and Agreement that it shall be ei claim, demand, and cause of actebilit the beginning of time to the date in furtherance of ;this intentiouii 4tootinio**ii‘. expressly waive any and all rights and benefits them by the provisions of Section 1542 of tb* ti any similar provision of any other state, f statute, code, ordinance, or law .and expresw1y. releases contained in this Agreement shall btll0 and effect according to each and all of this Agreement, including as well and unsuspected.claims, demands, and 'itettii It* i(t4404 ttideti i it6.• expres • Is those re as►tilst+ftci. s l� causes of 14noit•' !,.• fil 'f. Ili If I!" I. • MAR-20-90 TUE 11037 SC.A ESCROW parties to this Agreement. Section 1542 of the Civil Code, which is hereby waived, reads as follows: A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, . which if known by him, must have materially affected his settlement with the debtor. 4.5 genreseitat,ons. As further consideration for the entry into this Agreement, the parties, and each of them, warrant and represent that neither they, nor any corporation or entity in which they are an owner, which is controlled by them, or in which they have an interest, intends to assert any claim or file any lawsuit against any other party to this Agreement arising out of, based upon, or relating to the lawsuit referred to in the Recitals. the claims made in it, or the facts alleged in it. 5. riCECUTION NOT AM ADMISSION By entering into this Agreement, no party hereto admits that the claims of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny - 7 - tt MAR=2e=1S°90 '• TUE " 1 1 : 37 Se. A'' ESCRo,.j • •d ii �._ .. 'r'<jF',t:3•fie .P 0 A the claims, assertions, allegations, and contentions of the others, and this Agreement and the underlying Settlement are strictly for the purpose of compromising disputes. 6. ApvIO OP COUNSEL, Each party represents and warrants that, in agreeing to the terms of this Agreement, it has read the document, has had the document explained by counsel of choice, is aware of the content and legal effect of the document, and is acting on the advice of counsel of choice and not in reliance on any representation of the other parties to the Agreement, except as expressly set forth herein. 7. NI$C T,LANEOUS 7.1 Further Actions. Each of the parties hereto agrees to execute and deliver to each of the other parties hereto all additional documents, instruments, and agreements, and to take such additional action as is required to implement the terms and conditions of this Agreement. 7.2 Assignments. The parties agree that the rights arising out of paragraph 3.4 of this Agreement shall not be assignable and shall not inure to the benefit of the heirs, 8 01/17/90 • 18:14 • personal representatives, successors, or or any of them. 7.3 Attorneys' Taivs_to_lnroxcli. or in equity to enforce any of the provisions OtT 009 : • this Agreement, the prevailing party shall be m0,00 04,4oOper. from the unsuccessful party all costs, expenses460460000,000; attorneys' tees incurred by the prevailing party4inaluangi without limitations, such costs, expenses, and ieriftottainipeal;): and, if such prevailing party shall recover Ind** itilnkt11140b3 action or proceeding, such costs and expenses, $.46104iiiirt***of expert witnesses and attorneys' fees, shall be iitfrFAtuoids)04011rt of the judgment. 7.4 $ntirtAareement. This entire Agreement and understanding concern:Lig, heroin and supersedes and replaces any prLor it1t0041( agreement between the parties hereto, either 1041:014423001.14i1 except as expressly provided herein. h . . . 7.5 anglisia/fLiay. ! This • 115' interpreted under the laws of the state *fa* 0 construed according to its fair:meaning, an0,4444.'. .10444bSt I strictly construed against any party herets- .11 • • j i 01/17/90 41118:15 • • 010 • 7.6 , Duaimatal. Ths partiei t y originals of this Agreement, in counterparts, c ; they are required to aign or furnish hai etut p1 1' APPROVED AS TO FORM AND CONTENT:: MORGAN, LLWXS & BOCKX"Cs By:� hvF• �� ChristoOher F. Wilson Attorneys for the STINNETTB Dated: ANDERSON, MOPHARLIN is CONNERS By: JSSSE 8. HERNANDEZ Attorneys for the STINNETTS Dated: CORNELL, POWE Attorneys for the MIRSAIDIS i Dated: HAGENBAUGH & MURPHY By: Mail Gunny Attorneys for the MIRSAIDIS Dated! • fi • 1. y3 II 1; - 10 - 01i1?/90 41/19:19 OF Sion F• CBOTyAW dgFICFS 8Y :1 F o • • ELLS co = for /ATVS or SOCHO CO ' WAS VE0$$ Datadt Dated= Datedt Devil . Dates' 011,90 18:17 • 012 LAW OFFICES OF SIDNEY F. CROFT i By: Sidney F. Croft Attorneys for ROLLING HILLS, COMMUNITY ASSOCIATION OF ' RANCHO PALOS VERDES Dated: i r 11 Nam Datldt Datedt Ro11iflq Assaf Verdes By: Its Datedt ♦,' li 01/17/90 41118:16 r 10 1 1fo 1 •111W}Y4 • • LAW OFFICES Or SIDNEY !1. CROFT By: Sidney F. Croft Attorneys for ROLLING HILLS COMMUNITY ASSOCIATION OF I RANCHO PALOS VERDES r i :: i Ii Ali ? kiI i ! Dated: 91!':liii��.,1ia, 1..•• iii 1 1 y1 -.1':1 : ' !. i. 1 1 Dated: ;.. 'i 1;i• : ' a Dated: Dated: Dated: Rollipor Asscciet Verdes BY: Its a1 ,1: IT, :• :.4 t' i ,I ' o �f �-1`1 r, I, .ri.' .1 .i.• II; Dated: .; , t 1i 11 1� w i.i1, I. , 1• ! I' 1 fy• •