HomeMy WebLinkAbout1989-05-22 89-226 ORDINANCEtYnMt Ann"
OM June 20, 1989 Itmn No. X26
Amending Zoning Ordinance - 321 Stillwater Avenue - C.O. q
Antpg✓i11p(ee: 89-226 (As Amended) -
paporinIMNtmp nt tt Planting Division
Commentary:
The Planning Hoard held apublic hearing on this contract zone change
(from R-!. to R-5 (Contract) at its meetieg on June 19, 1989.
P. Andrew Hamilton, an attorney representing the appllnants, presented
their request.
Several abutting neighbors spoke in opposition to the proposed change
citing additional "congestion" in this area as a major concern.
After considerable discussion about the potential site development and
its impact on the neighborhood, the Planing Hoard voted four in favor and
one opposed to recesaend to the City Council that the contract zone change
request contained in C.O. 8 82226 (As Amended) be approved.
NOTE: The Contract Condition have bean changed and the Ordinance
should be amended'by substitution.
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Monsoon's Common":
cityciry Malm��
Aatoniavel Infarnebn:p ,yye,
Budget Approval.
Finan '
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❑ Fiat Ruding Par — of _
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89-226
A®ignM to Councilor (Amended)
CITY OF BANGOR
(TITLE.) (DaYMM*M Amending Zonmmg ordinance
„_.... 321Stillwater Avenue
Be&o fwdbyW Cfty CouwttofWCfgofBaasor, as toUgnar
THAT the zoning boundary lines as established by the Zoning Map of
the City of Bangor dated September 23, 1974, as amended, be hereby
further amended as follows:
By changing parcels of land located at321Stillwater Avenue (Tax
Nap No. R-56, Parcel No. 14A and Part of Parcel 13) from Residential
4 Zone to Residential 5 (Contract) Zone. - Said parcels containing
approximately four acres andbeing more particularly indicated on the
map attached hereto and made a part hereof.
PROVIDED HOWEVER, THAT, in addition to the mandatory conditions
imposed by Chapter VIII, Article 21, Section 11.3, Ordinances of the
City of Bangor, said. change of zone is granted subject to the following
conditions: -
1. The use
and/or operation of the subject premises shall be
subject to thefollowing. limitations and/or restrictions:
A. Tlnepr�operty willbe used exclusively for development
for multi -unit dwellings on the following terms and
conditions:
1) The density of development of the property shall not
exceed twenty (20)dwellingunits per acre;
2) One building on the property may contain up to
forty-four -(44)units. That building willbe located
on the northwest corner of the property. All other
buildings, located on the property _shall individually
contain no more than eight (8) units;
3) Upon construction of why new buildings on the south -
at or east corners of the property,any such -hp ldiggs
shall be screened from existing single-family x siden-
tial dwellings. located on the southeasterly andeeasterly
sides of the property by the planting. of trees of a
minimum height of five (5) feet.
4) The height of anybuilding on the property shall not
exceed forty, 4407. feet nor shall zipy.,but1dine-baceed
thrae-(B) :fltories.
id, city council July 10,1989
amended by adding the exibits
and amending by substitution
refered to community, and
eronom1 �d committee
�-
City'Clerk
89-226
ORDINANCE
TITLE ' Amending zoning Ordinance 321
Stillwater Ave.
Anigned On
mmritmmn
89-226
(AMENDED)
2. Execution by those parties with an interest in the
affected property of an agreement providing for the implementation
and enforcement of all the terms and conditions set forth above and
the recording of said executedagreementin the Penobscot County
Registry of Deeds by the property owner, a copy of said agreement being
on file in the Office of the City Clerk and incorporated herein by
reference. In the event that said agreement is not so executed and
recorded within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
LLU
M
Wiz"
89-226
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE May L. 1989
THE PLANNING BOARD OF BANGOR, MAINE: NO.
Benita J. Beschaive.,
1. f(ME) Gerard J. Bescheine, and Gell Cate
2. of 146 Salaam Drive Bev or, Maine 94)_1498
Address City o[ Post Of f ice Telephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying from A.4 zone to
the R-5 Contract • zone the property out inedin red on the maps
attac eTi ed <cion are part of this application, and
described as follows: a gee attached contract conditions
3. ADDRESS OF PROPERTY (if any) 323 Stillwater Avenues SectorMaine 04401
Total Area (acres or square eet +_ ac
4. PROPERTY LOCATION (General Description): Example - South aide of
State Street 400 yds. East of Pine Street
Located on the southeasterly aide of Stillwater Avenue, 550 feet s0uthwesterly
from Interstate 95. Lots lJ and
S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R-56 Parcel 14-A
See legal description attached as Exhibit A.
6. EXISTING USE: multi -family housing
y. PROPOSED USE: multi -family housing
B. MAKE AND ADDRESS OF OWNERSOF RECORD: Name Carard and Units Deschaine
Gall Cote146
Stillwater Healthcare Address Bangor, aMaine 04401
335 Stillwater Ave., Bangor, SE 04401
9. N E AND ADDRESS OF CONTRACT OWNER (if such): Seine
10. SIGNATURESOF OWNERSOR CONTRACT OWNER: Xrv�"'.
11. REPRESENTATIVE Of APPLICANT: Namef. Andrewrew Xemiltop.
(if applicable) Eaton, Peabody, Bradford S Veague, P.A.
Add[easP.0. Box 1210, Hawser Maine 04401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR ME
Application Fee:
Processing
Advertising
Total -
Zone Change
$,90.00
$ 50.00 =
$140.00
Contract Zone Change-
400.00
'250.00'
$650.00
'TWO Ads Required
PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDS
89-226
CONDITIONS
1. The property
(as describe�}}$¢ggs+1
description
attached as Exhibit A)
will
be use
o*r2i`Eibpment
for
multi -unit dwellings on the
following
terms
and conditions:
a. The density of development of the property shall not
exceed twenty (20) dwelling units per acre;
b. One building on the property may contain up to
forty-four (44) units. That building will he located
on the northwest corner of the property. All other
buildings located on the property shall individually
contain no more than eight (8) units;
C. Upon construction of any new buildings on the southeast
or east corners of the property, any such buildings
shall he screened from existing single-family
residential dwellings located on the southeasterly and
easterly sides of the property by the planting of trees
of a minimum height of five (5) feet.
d. The height of any building on the property shall not
exceed forty-five (45) feet.
pah\I9
RECENED JUN 0 219
09-226
Item No, 62 Zone Mange - 321 Stillwater Avenue - Berard and
Bonita Deschaine And Sall Cate - C.O. a 59-226.
a. Applicant requests a zone change from residential 4 Zone to
Residential 3 Zane for approximately 4 acres of lane located
Off of Stillwater Avenue. The proposed rezoning includes the
Park East apartment complex and a portion of the Stillwater
Avenue Health Care nursing home.
It. The contract conditions provide for a limitation of the u
ses
to permitted residential uses in the R -S Zane (excluding all
the special axceptions) and provide for a lower density cap
(20 unite perc
acre) than potentially allowable in the R -g
Zone. However, this 20 units per acre is a good deal higher
density than the densities allowed in the R-4 Zone. (A1-
thougs
M1, theoretically. a number of Permitted use fourplexas
could
approach a density of 18 to 19 units per Acre.) The
proposed contract zone also limits all buildings except one
to 8 dwelling units par building And sites that building
adJacent to the very extensive nursing home structure to the
northwest which fronts an Stillwater Avenue. The idea of
the zone change Is to allow for the construction of a
ow
e-bedroda, 44 -it building which would have an lntercon-
ection with the nursing home to provide back up services
for semi -retired and retired older population. The appli-
cant his a very difficult site to deal with because of the
odd configuration of the lot and the qct that there are
several existing buildings on the lot which limit the fur-
ther development of the parcel to a great extent. Also, the
conditions require extensive screening to the southeast side
of the complex towards the R-3 zone with its single-family
dwellings which abut the area.
C. The applicant has met with the Community and Economic Devel-
opment Committee of the City Council and made known it,
concerns with the recent change from R-3 to R-4 of this
whole area. The Committee has agreed that some additional
flexibility to that granted 1n the R-4 Zone would seem to be
Appropriate for this parcel with its tie into the nursing
hams and its location on the Stillwater Avenue frontage.
Therefore( Staff would recommend that the proposed contract
zone change be recommended to the City Council.
ate aI Pars", Ains
DEPARTMENT OF PLANNING AND COMMUNITY Or
John M. LOM
Plenewo Officer
avw 4/12/91
Memo ID,
Russ McKenna,
City
Clerk
Subject
Contract Zone
Change
Agreement - C.O. 6 89-226(Qrrw.ul)
Attached is theoriginalcopy of the Contract Zone Change
Agreement between the City of Bangor and Gerard and Benita
Oeschains for property located at 321 Stillwater Avenue.
Please keep this on file with C.O. 4 89-226.00"1
Lynnnson
IN CITY COUNCIL SiyyL
July 24, 1989 SS e( 89-226 BK45 1.3 PG
265'
Aassed True Cs Amend galdtubeountc{lor (Amended) 265
A tee[: Copy Nti
d'404 Y OF BANGOR
CITY CL
exr -
(TITLE.) (Dri11I10MPON...Amending Q.Ub9.Ord cane€ ................ __...........
_321_ Stillwater Avenue ,,,_„ .............
Be 4 ordained by Bu City CoasoU ofBm City dBaep ,ae Ioibwe
THAT the zoning boundary linea as established by the Zoning Map of
the City of Bangor dated September 23,- 1974, as amended, be hereby
further amended as follows:
By changing parcels of Land located at 321 Stillwater Avenue (Tax
Map No. R-56, Parcel No. 14A and Part of Parcel 13) from Residential
4Zone to Residential 5 (Contract) Zone. Said parcels containing
approximately four acres and being more particularly indicated on the
map attached hereto and made a part hereof. - -
PROVIDED HOWEVER, THAT, in addition to the mandatory conditions
imposed by Chapter VIII, Article 21,. Section 1.1.3, Ordinances of the
City of Bangor, said change of zone is granted subject to the following
conditions:
1. The use
and/or operation of the subject premises shall be
subject to thefollowing limitations and/or restrictions:
A. The property willbe used exclusively for development
for multi -unit dwellings on the following terms and
conditions: -
1) The density of development of the property shall not
exceed twenty _(20) dwelling units per acre
2). One building on the property may contain up to
forty-four -(44)units. That building will. be located
n the northwest cower of the property. All other
buildings located on the property shall individually
contain no more than eight (8) units:
3) Upon construction of any new buildings on the south-
east or east corners of the property,any suchbuildings
shall be screened from existing single-family residen-
tial dwellings. located on the southeasterly and easterly
sides of the property by the planting of trees of a
minimum height of five (5) feet. _
4)Theheight of anybuilding on the property shall not
exceed forty (40 feet nor shall 'any building exceed'
three (3) stories.
EXHIBIT E
�i4513 n265 -
89-226
(AMENDED)
2. Execution by these parties with an interest in the
affected property of an agreement providing for the implementation -
and enforcement of all the terms and conditions set forth above and
the recording of said executed agreement in the Penobscot County
Registry of Deeds by the property owner, a copy of said agreement being
on file in the Office of the City Clerk and incorporated herein by
reference. In the event that said agreement is not so executed and
recorded within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
IBJ
R5
IVA
BK4513 PG267
89-266
MMM).
RBSCOT. ss RECT
89 SEP -7 AN 9: 18
dii9h
REGISTER
M R4 TO R5 CONTRACT
Abp
y N5
4S 13
2s�
89-226
A®p:edto Comamdor Shubert, May 22, 1989
CITY' OF BANGOR
(TITLE.) Orbilt=t?t Amending Zoning ordinance
321 Stillwater Avenue
Be k ordained 6y Ua Cky COanek afore City OfBaaper, as fsHomc
THAT the zoning boundary. lines as established by the Zoning Map of
the City of Bangor dated September 23, 1974, as amended, be hereby
farther amended as follows:
By changing a parcel of land located at 321 Stillwater Avenue (Tax
Map No. R-56, Parcel No. 14-A)'from Residential 5 Zone to Residential
5 (Contract) Zone. Said parcel Said containing approximately 3.25 acres
and being more particularly indicated on the map attached hereto
and made a part hereof.
PROVIDED HOWEVER, THAT, in addition to the mandatory conditions
impused 'by Chapter. VIII, Article 21, Section 11.3, Ordinances of
the City of Bangor, said change of zone is granted subject to the
fallowing conditions:
1. The use
and/or operation of the subject premises shall be
subject to thefollowing, limitations and/or restrictions:
A. The property will be used for development of multi-
unit dwellings upon the followingtermsand conditions:
1) newly constructed dwellings are tobe occupied
primarily by persons of retirement age;
2) any new buildings constructed on the property shall
be set back a minimum distanceof fifty (50) feet
from the sideline of Stillwater,:Avenue;
3) any new buildings constructed on the property shall
be 'sec back a minimura distance of twenty (20) feet
from the side or rear property lines;
4) any new buildings constructed on the property shall
not exceed three stories or thirty-five(3) feet in
height, and
M.
Iu City rommil June 30,1989
Consider next meeting
4--ra
i y Cle[k
In City Council July 10,1989
amended by adding new exibita
emended by substitution and
refered to community and
economic development committee
C�
City Clerk
9
ORDINANCE
( TITIE.) �g�9121
SYiltpyberAtE
In City council July 24,1989
passE
vote 9 yes
Voting yes BSenchette,England
Snoryer,Saxl,Shibert,sosna�.
/S�t�o.%nae.,�Eolhven,Tilley
L
C11W Clerk
5) the density of development of the property shall
not exceed twenty-five (23) dwelling units per
acre.
R. Newbuildings on the property shall be developed to
provide aretirement community atmosphere to be
compatible with the nursing home use that abuts the
property.
2.. Execution by those parties with an interest in the
affected property of an agreement providing for the implementation
and enforcement of all the terms and conditiosn set forth above and
the recording of saidecuted agreement in the Penobscot County
Registry of Deeds by the property owner, a copy of said agreement being
on file in the Office of the City Clerk and incorporated herein by
reference. In the event that said agreement isnot so executed and
recorded within ninety (90) days from the date of passage hereof, this
Ordinance shall become null and void.
R5
1
M
I 89-226
!t I
R3
/-NORTH'
MR5 TO R5 CONTRACT
8x4513 PG25°9
(726292
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of Fugust3f, 1989, by and between the CITY
OF BANGOR, a municipal corporation With a place of business located at 73
Harlow Street, in Bangor, County of Penobscot, State of Maine and GERARD
J. OESCHRINE AND BENITP J. OESCHRINE both o4 Bangor, County of Penobscot,
State of Maine, AND GAIL COTE of Hermon, County of Penobscot, State Of
Maine
WITNESSETH:
WHEREAS, Gerard J. Deschaine, Benita J. Deschaine, and Gail Cote
e the owners
of record of a certain parcel of land situated in Bangor,
County of Penobscot, State of Maine, said land being located at 321 Still-
water Avenue and being identified on City of Bangor Assessor's Map No.
R-569 as Lot 14A and Part of Lot 13. Reference may be had to a deeds
recorded in the Penobscot County Registry of Deeds in Volume 3710, Page
129, and Volume 4089 Page 159, for a more particular description of said
land; and
WHEREAS, pursuant to 30 M.R.S.P. Section 4962 (2) (1) and Chapter
VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws and Ordinances
of the City of Bangor, application was
made for a contract z change,
-called, to reclassify said parcel of land (said parcel hereinafter
being referred to as the "subject premises") said parcel comprising a land
area of approximately four acres,
all a set forth in Exhibit A attached
hereto and incorporated herein by reference, from a Residential 4 Zone to
a Residential 5 Zone under the Zoning Ordinance of the City of Bangor,
said application proffering certain conditions orastrictions relating to
the physical development and/or operation of the subject premises; and
WHEREAS, subsequent to a public hearing on the matter, and after due
consideration given to the recommendations of the Planning Board, the
Bangor City Council adopted Council Ordinance B9-226 las amended), whereby
it reclassified the subject Premises from Residential 4 Zone to Residen-
tial 5 Zone under the Zoning Ordinance of the City of Bangor subject to
certain restrictions and/or conditions, a copy of said Council Ordinance
89-226(as amended) and the restrictions and/or conditions contained there-
°ln^'belnp" attached hereto as Exhibit B and incorporated herein by refer -
NOW THEREFORE, in considerationof the reclassification of the subject
premises from Residential 4 Zane to Residential 5 Zone under the Zoning
Ordinance of the City of Bangor, the parties hereto agree as follows(
1. Gerard J. Daschaine, Benita J. Deschaine, and Gail Cote, their
successors and assigns, hereby covenant and agree that the use, occupancy
aH4513 Pc260
and/or development of the subject premises, in addition to other applica-
ble laws, ordinances, or regulations of the City of Bangor, shall be mu®=
ject to the following restrictions and/or conditions on the physical devel-
opment or operation of said property,
A. The property will be used exclusively for development fpr
multi -unit dwellings on the following terms and conditional
1) The density of development of the property shall not exceed
twenty (20) dwelling units per sepal
2) one building on the property may contain up to Forty-four
(44) units. That building will be located on the northwest
corner of the property. All other buildings located an the
property shall individually contain no more than eight (8)
units(
3) Upon construction of any new buildings on the southeast or
n
east c of the property, any such buildings shall be
screened from existing single-family r sidential dwellings
located on the southeasterly and easterly sides of the prop-
erty by the planting of trees of a minimum height of five
(3) feet.
41 The height of any building on the property shall not exceed
forty (40) feet nor shall any buildings exceed three (3)
stories.
2. The Owners hereby agree that the above -stated restrictions, provi-
sions, conditions, covenants, and agreements a made a essential part of
this Agreement, shall ran with the subject premises, shall bind the own-
ers,
their s and assigns, to 0 of said property o any partwn
the any
inters s r r
of %aid o any interest Merethe and any party in precession o it of, an {aitl enforceable
o any part thereof, and shall inure to the benefit of,
and be epresentatives, the City of Bangor, by and thrany abM1 its duly autho-
rized
land. representatives, and the owner or owners of any abutting parcels of
land.
3. The Owners hereby agrees that if they, or any person claiming
under or through them, shall at any time violate up attempt to violate, o
shall omit to perform or observe any one omore
of the foregoing restric-
tions, provisions, conditions, c ants,and agreements, the City of
Bangor and the abutting landowner(s) shall have the following remedies,
which may be exercised by the City of Bangor either jointly or severally:
a. The City of Bangor shall have the right to prosecute viola-
tions of this Agreement in the a r that it i autho-
rized to prosecute violations untler n
the zoning Ordinance of
the City of Bangor in effect at the time o4 said viola-
tions. Far the purposes herein, aviotation of this Agree-
ment shall be deemed a viotation of said Zoning Ordinance
and shall be subject to the penalty provisions of said Ordi-
nance in effect at the time of violation. Each day that a
violation is permitted to exist after notification of the
same pursuant to said Ordinance shall constitute a separate
offense.
SK4513 P62-61
b. The City of Bangor and/or the owner or owners of parcels of
land which abut the subject premises shall have the right to
institute any and all actions or proceedings, including the
right to enforce all the terms and provisions of this Agree-
ment by injunction, legal and equitable actions and all
other lawful process for the enforcement of the aamo.
The Owners further agree that the failure of the City of Bangor or the
owner or of abutting parcels to abject to any violation, however
long continued, or to enforce any restrictions, provisions, conditions,
covenants, or agreements contained in this Agreement shall in no event be
deemed a waiver of the right to do mo thereafter as to the same breach or
violation or as to any breach or violation occurring prior to subsequent
thereof.
4. The City of Bangor and the Owners hereby agree that the provi-
sicns of this Agreement shall remain in full force and effect until such
time as the same may be modified, amended, repealed, and/or replaced upon
their written agreement. It is expressly understood by the parties hereto
that any such change shall be in accordance with the laws of the State of
Maine and the zoning Ordinance of the City of Bangor, shall be treated as
an amendment to said Ordinance and shall be processed accordingly.
5. The parties hereto hereby agree that nothing in this Agreement
shall be construed so as to preclude the future exercise of the Bangor
City Council's legimlativa authority relative to thezoning ng of the subject
promisee. In the event that the zoning Of said premises is changed by the
City Council, any use established under the provisions outline in para-
graph 1, subparagraphs A. 1), 2), 3), and 4), above, subject to the re-
strictions, provisions, conditions, covenants, and agreements contained i
this Agreement, shall be allowed to continue as a nonconformity or
s
u whichever the c may be, i accordance with the provinon-
conforming
dons Of the Zoning Ordinance, a may be in effect at the time of said
zone change, governing the same.
6. The parties hereto hereby agree, for themselves, their successors
and assigns, to w any and all rights to challenge the validityof
Council Ordinancea9-226tas amended) or the terms of this Agreement.
V. The parties hereto hereby agree that if onof the restrictions,
e
provisions, conditions, covenants, and agreements, or portions thereof,
contained in this Agreement is for any reason held invalid or unconstitu-
tional by any court Of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such determina-
tion shall not affect the validity of the remaining portions hereof.
Provided, however, that parties hereto hereby further agree that
n the event any of the contracted provisions contained in paragraph 1,
subparagraphs A., 1), 2). 3) and 41, above, are invalidated or such other
provision is invalidated s s to constitute a material change in the
restrictions, previsions, conditions, covenants, and agreements negotiated
by and between the parties, the City of Bangor or abutting land owners
shall have the power to seek a s
reversion and/or change of the zoning
the subject premises to the current zoning classification as maybe in
PK 513 PG262
effect at the time of the processing of any such reversion AMM/Or ChaMgg.
Said reversion
and/or change may be initiated by a Papresentative of tho
City of Bangor or an abutting property owner to the subject premi Yes,
shall be processed i accordance with theprocedure established for an
amendment to the Zoning Ordinance in affect at the time, and shall be
valuated inaccordance with the criteria established for the review of
zone
change applications. It being the intent of the parties hereto that
theowner shall not be allowed to benefit from the zone Change for the
subjectpremises in the event that the City of Bangor or abutting land
owners e deprived of the conditions negotiated to minimizm the negative
externalties of the requested rezoning.
S. Except as expressly modified herein, the use and occupancy of the
subject premises shall be governed by and comply with the provisions Of
the Zoning Ordinance of the City of Bangor and any applicable amendments
thereto or replacement thereof.
IN WITNESS WHEREOF, this Agreement has been
of the day and year first above written.
Witness
Witness s
�, da ati /✓� {IIBU!/AlI J
witness
11a_(_!...,
r
STATE OF MAINE
executed and deed/liveered as
C /LIIfL'IXW-'-�
Gerard J. Descbaine
�lan,.Q�, lX Qr9c�r��
Benita J. hai ne
Gai 12Cote
L
CITY OFF/ nn
BANGORBy
Edward R. Barrett
Its City Manager
Penobscot, as., August 29 , 1989
Then personally appeared the above-named BENITA J. DESCHAINEana
acknowledged the foregoing to be hexfree act and deed.
Before me,
a
8x4513 PG263
STATE OF MAINE
Penobscot, as. August 29, 1989
£o Then Pere lly app ed the ab-nam�� L W and acl pledged the
foregoing i fact ree
Before
ane,
rhe S as A
NOCARY PGB:.i,G �..
STATE OF MR 5�1.
Penobscot, ss. August 29 , 1989
T personally appeared the above-na d GERAPD S. DESCHA W and aclawaledged
the foregoing insGrurent to be his free act and deed.
Before me,
u3 m Uwndm
NOTARY-.TJBLI:C
SPATE OF MAINE - Seas.
Penobscot, as. August 31 , 1989
Then parsarelLy appeared the abovs-naned FD.34BI) A. BABRBff and aclarrwledged
the foregoing to be his free act and deed in his said capacity as aty Manager
and the free act and deed of said City. of Banger..
Before so,
ZaJJ
Nam 'rjwm Lci. Coaey �w�
Justice of the Pace SE
ry e O
Nota
..' e05 I N
254
m
JL
T
N
Fes!
R3'
/-ED-ETH'
o
JR4 TO R5 CONTRACT
. _ - EXHIBIT A