HomeMy WebLinkAboutCP 95-02; Lagoon Waterfront LLC Condominium; Condo Permit (CP) (9)LAGOON WATERFRONT LLC
A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY
P.O. Box 2198, Carlsbad, California 92018
FAX: (619) 722-6358 Telephone: (619) 722-6358
February 7, 1996
Ms. Anne Hysong, Staff Planner
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009-1576
619/438-1161
RE: CONDOMINIUM PERMIT, MS 95-04, CP/95-02
LAGOON WATERFRONT LLC MINOR SUBDIVISION CONDO CONVERSION
4571 - 4575 Cove Dr., Carlsbad, CA
Dear Anne,
In response to our January 15, 1996 approval and Conditions of Approval, we
respectfully submit the following:
Correspond with PLANNING Pent. January 15. 1996 letter:
2. Our engineer will be deliver to the Engineering Department this Friday, February
9, 1996, the 24" x 36" mylar Tentative Parcel Map with all conditions to the map
listed.
4. Enclosed, please find C.C.& R's consisting of seven page which incorporate
provisions prohibiting tandem parking in front of garages within the 10' front yard
setback, (see Page 3, Section 2.01.).
5. Said C.C.& R's contain a provisions stipulating that if either of the units of this
project are rented, the minimum time increment for such rental shall be not less
than 26 days, (see Page 3, Section 2.03.).
7. Attached, please find the notarized original of the "Notice of Restriction" for
recording to Caveat all parties that the City has issued conditions as a Condo
Permit CP 95-02.
9. California Coastal Permit/De Minimis Waiver was submitted and accepted by the
Commission last week, (see copy of enclosed receipt).
Should you have any questions or if I may be of any further assistance, please don't
hesitate to call. Thanking you in advance for your consideration in this matter, I am,
Respectfully,
LAGOONWA ONTLLC
D. Jack
Managing Member
FEB 0 7
chrn 96
'•jiV
Recording Requested By:
When Recorded Mail To:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space above for Recorder's use
Assessor's Parcel Number
Project Number and Name: CP 95-02/LAGOON WATERFRONT CONDO;
NOTICE OF RESTRICTION ON REAL PROPERTY
The real property located in the City of Carlsbad, County of San Diego, State of
California described as follows:
'' '' ' Lot 37 of Tract 5162 in the City of Carlsbad, County of San Diego, State of
California as filed in the office of the County recorder of said county, and
commonly known as 4571 and 4575 Cove Drive, Carlsbad, CA.
is restricted bv a CONDOMINIUM PERMIT No. CP 95-02 issued by the City of
Carlsbad on JANUARY 15, 1996 A copy is on file at the City of Carlsbad
Planning Department. The obligations and restrictions imposed are binding on all
present or future interest holders or estate holders of the property.
LAGOPN WATERFRONT LLC.
Owner's Name:•/_ CITY OF CARLSBAD
Signature
D. JACK. MANAGING MEMBER
Name Printed/Title
Signature
Name Printed/Title
_
Date' ' "
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
by: _ _ _ _ _ _
Deputy City Attorney
MICHAEL J. HOLZMILLER
Planning Director
Date
., ,, , r
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
K:\ADMIN\MERGE\NOT1CES\RESTRICT.FRM REV. 11/28/98
CALI
PAY
HA CPASTAL COMMISSION
. District
Permit Apf&cation Fee Receipt
Application No.
Date Received
" "^-^
APPLICANT (If other than Payor):
FORM OF PAYMENT:
City
TYPE OF PERMIT:
LIJ Regular
! i Administrative
L_J Emergency
L_J Amendment/Extension
Permittee $
2581
CCC 20 (10-88)
ORIGINAL—Payor DUP—Accounting TRIP—District
CALIFORNIA COASTAL COMAMSSION
i*n r«co CO«T »«t,«
v:i CAM»IO Ofl »O wo»-*i. '.uir* ?(X
SAN OtfCO CA o?!**"?1-! m-s
APPLICATION FOR COASTAL DEVELOPMENT PERMIT
SECTION I. APPLICANT
1. Maine mailing address, and telpprnnerujrTtberofaf appfcants
LAGOON WATERFRONT 1 1 C C/DJOQILJ^.
P.O. BOX 2198
CARLSBAD, CA 92018
(619)
(Afsa ccxfetdsytmie pfajno numtv)
Note: Alt applicants for the development mast complete Appendix A, the declaration of campaign
contributions.
2. Name,rraangadaressarxJteteprw>enurnbeidapp5c^
rppresertatowfwwSccrrTnur^eonbeM
corrpensatwvwtoteOjrmiesKMOflte
appropriate, including after the appfcafon is accepted tor fifcig. FaAve to provide Vii&nionTiatian prior to
con muncaSonwtfi the COntiteijn or staff may result in denial (rfgiepeffntorcrirniiafpenaBes.)
LAGOON WATERFRONT LLC C/0 DON L. JACK
P.O. BOQI.98.. TA q?niP.
(619) 720-9785 FAX: (619< 720-9785
SECTION H. PROPOSED DEVELOPME^
Please answer aB questions- Where questions do not apply to your protect (for instance, projec! height kx a
land dwsnn). incScale Not Applicable or NA
1 Project Location. Include street address, city, and/or county. K there is no street address, indude
otfier description such as nearest cross streets
1571 S 4575 COVE DRIVE
number
CARLSBAD, COUNTY OF
sftpef
SAN DIEGO
ctf counfy
Assessors Parcel Nii-nberfc) (otterabe from to bJIwCcwtfv Assessor): APN
FOP QFSCfySc ONLY
APPLICATION MUTJIBEH
RECSVED
RLED
Fa
DATE PAID
?07-ii;n-7i-nn
CC&R COV * i>RAFT FOR CITY APPROVAi, *
WHEN RECORDED MAIL TO:
LAGOON WATERFRONT LLC
P.O. BOX 2198
CARLSBAD, CA 92018
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS ON REAL PROPERTY
WHEREAS, LAGOON WATERFRONT LLC, a California Limited Liability Company
and hereinafter referred to as "Owner" or "Grantor", is the Owner of that certain property
which is legally described as:
Lot 37 of Tract 5162 in the City of Carlsbad, County of San Diego, State of
California as filed in the office of the County recorder of said county.
Said property is commonly known as 4571 and 4575 Cove Drive . hereinafter referred to
as the "Property", which contains two (2) real property single family residences; and
WHEREAS, the Property is conditioned by [Minor Subdivision No. 95-04 1.
[Condominium Permit No. 95-02 lf [the Amended and Restated Declaration of Restrictions
and Protective Covenants recorded December 3. 1983 (modified since and originally
recorded February 17, 1965)] and [other such standard Homeowner's Association
Covenants, Conditions and Restriction documents as associated with the properties master
homeowner's association know as the Bristol Cove Property Owners Association!, all of
which are hereinafter collectively referred to as "Proclamations", to said Property; and
WHEREAS, No provision of this Declaration is intended to, nor shall it be deemed
to modify, waive, delete or amend any condition or provision of said Proclamations; and
WHEREAS, the City of Carlsbad has approved the property for subdivision into two
(2) individual single family condominium residences, hereinafter referred to as "Unit"(s)
or "Lot", which may or may not have separate ownership. Said approval requires that this
Declaration be made to reflect covenants, conditions and restrictions as a part of the
Property;
NOW, THEREFORE, Grantor does hereby declare that all of said Lot and Property
described herein shall henceforth be sold, held, transferred, conveyed, encumbered,
1
hypothecated, leased, uscu, occupied, and improved subject to che following Covenants,
Conditions, and Restrictions, additionally referred to as "Declaration", all of which are
imposed for the purpose of uniformly enhancing and protecting the value, attractiveness,
and desirability of the Property in furtherance of general standards for the protection,
maintenance, development, subdivision, improvement, and sale of the Property, and every
part thereof as a servitude in favor of each and every Unit thereof.
GRANTOR FURTHER GRANTS AND DECLARES THE FOLLOWING:
ARTICLE I
GENERAL PROVISIONS
Section 1.01. "Binding Affect" The covenants, conditions, and restrictions set
forth herein shall run with the Property and shall be binding upon all Persons having any
right, title, or interest in and to said Property or any portion thereof, their heirs,
successors, and assigns, and shall inure to the benefit of every portion of the Property and
any interest therein, and shall inure to the benefit of and be binding upon Grantor or its
successors in interest, and each Owner and Unit (as defined herein) and his or her
respective successive Owners, and may be enforceable by Grantor and/or by any other
such affected Owner(s) of the property(ies) as provided by this Declaration.
Section 1.02. "Constructive Notice and Acceptance" Every person or entity who
owns, occupies or acquires any right, title, estate, or interest in or to any Lot, Unit or
other portion of the Property does and shall be conclusively deemed by the acquisition of
same, to have consented and agreed to binds themselves or itself, its heirs, personal
representatives, successors, transferees and assigns, and agrees to the reasonableness and
effect of every limitation, restriction, condition, servitude and covenant contained herein
or any Amendments thereto, whether or not any reference to this Declaration is contained
in the instrument by which such person acquired his interest in the Property, or any
portion thereof.
Section 1.03. "Rights of Mortgages"
1. Mortgage Permitted. Each Owner may encumber his Unit with Mortgage
obligation(s).
2. Subordination. The restrictions and/or any provisions set forth herein are
hereby declared and expressly made subject and subordinate to any and all mortgages
hereto whether or not such mortgage is perfected prior to or later than the date hereof
and shall not supersede nor in any way reduce the security or affect the validity of any
mortgage or Deed of Trust made in good faith and for value; provided, however, that if
any portion of the property is sold under a foreclosure of any mortgage or under the
provisions of any Deed of Trust, any purchaser at such sale, and his successors and assigns,
shall hold any and all property so purchased subject to all of the restrictions and
provisions of this Declaration.
Section 1.04. "Indemnification" Each Owner shall be liable to the other Owner
for any injury to Property or life that may be sustained by the injured Owner, by reason
of the other Owners negligence, or negligence of that Owner's family members, contract
purchasers, tenants, guests, or invitees, but only to the extent that such damage is not
OCR COVE 2/96 2
covered by casualty insui aoce. Each Owner, by acceptance of ms deed, agrees personally
and for family members, contract purchasers, tenants, guests, and invitees, to indemnify
the other Owner, and to hold him harmless from, and to defend him against, any claim of
any person for personal injury or property damage occurring within the Common Area or
the Lot of that particular Owner, except to the extend (i) that such injury or damage is
covered by liability insurance in favor of the other Owner or (ii) the injury or damage
occurred by reason of the willful or negligent act or omission of the other Owner or other
person temporarily visiting his Residence.
ARTICLE II
USE RESTRICTIONS and MAI!
Subject to the exemptions of Grantor as set forth herein, all real property within
the Property shall be held, used, and enjoyed subject to the following limitations and
restrictions. Notwithstanding anything to the contrary herein, these restrictions shall not
be interpreted in such a manner as to permit any activity which would be contrary to any
governmental ordinance or regulation.
Section 2.01. "10 foot front yard setback" No Unit shall tandem park in front of
the existing garages within the 10 foot front yard setback except on those particular
grounds purposely set forth and designated as guest parking.
Section 2.02. "Vehicles" No owner shall park, store, or keep anywhere on the
Property including without limitations to any street, alleys or driveway, any type of large
truck, any commercial-type vehicle, dump truck, cement mixer truck, oil or gas truck, or
delivery truck, or any truck with a load capacity which exceeds one (1) ton, any
recreational vehicle (camper unit, house-car, motor home, recreational vehicle or the
like), bus, trailer, trailer coach, camper-trailer, boat,
Section 2.03. "Unit Rental" Should either Unit within this project be rented, the
minimum time increment for such rental shall not be less than 26 days.
Section 2.04. "Exterior Maintenance and Repair: Owner's Obligations" All
Improvements within the Property shall at all times be kept in good appearance and repair
such as not to create any dangerous, unsafe, unsightly, or unattractive condition.
Section 2.05. "Landscape" Each individual Unit or its successors or assigns in
interest, shall be permanently responsible for planting, nurturing, growing, watering,
fertilizing, pruning, weeding, preserving, cleaning, maintaining, and proper caring for any
and all landscape or grounds upon that particular side of the lot, hereinafter "Side of the
Lot", in which that particular Unit lies. All landscaping shall be maintained in an
attractive manner and Owner shall keep such landscaping and Lot in a neat, clean,
properly weeded, watered and well cared for condition. Said Side of the Lot shall be
determined by a hypothetical horizontal separation line which runs exactly through the
middle of and parallel to the center demising wall of the properties and extended from
street curb to lagoon waterfront. The intent hereof is simply that each individual Unit
Owner maintain the property on his Side of the Lot.
Section 2.06. "Plastering. Roofing. Edifice" Each Unit shall be perpetually
responsible for maintaining, replacing, repairing and the proper caring for any and all
exterior plastering, roofing, external building edifice or elements upon the particular Side
of the Lot in which that dnit lies, so as to not in anyway detract from the attractive
appearance of the property.
Section 2.07. "Common Area Maintenance Assessments" Each Owner by
acceptance of deed, covenants, warrants and agrees for each Unit, to pay one-half (1/2)
of the cost of maintenance, repair and replacement for any common walkways, roofing,
wharfage, landscape, or the like. The Owners shall jointly determine what maintenance,
repairs and replacements (the "Repairs") are needed from time to time, the cost of
completing them, and the contractors to perform the Repairs. Should the Owners fail to
agree upon the Repairs after negotiating with each other in good faith, the matter shall
be decided by binding arbitration as set forth hereinbelow and each Owner shall bear one-
half (1/2) of all costs thereof.
Section 2.08. "Waterfront Wharfage" Each Unit Owner hereby pledges and
warrants, each to the other, that within one (1) year of initial occupancy, they shall
construct and equally share all efforts and costs of a waterfront wharfage boat dock
facility, of which the same shall be built in conformance with the "Bristol Cove Property
Owners Association Minimum Construction Requirements for Wharfage Facilities".
Moreover, each Unit Owner from that period forth, hereby pledges and warrants, each to
the other, that they shall equally share any and all on going costs for the perpetual
maintenance, replacement, repairing and proper caring for said waterfront wharfage boat
dock facility.
Section 2.09. "Nuisances" No Unit shall be used in such a manner as to obstruct
or interfere with the residential uses, rights to peace and quiet, and the bundle of rights
inherent to each Unit. No noxious or offensive activity shall be carried on, in, or about
any Unit, nor shall anything be done thereon which may be or become an unreasonable
annoyance or nuisance to any other Unit or Owner. Without limiting the generality of the
foregoing provisions, no loud noises or noxious odors, no loud or incessant barking or noisy
animals, no exterior speakers, radios, amplifiers, horns, whistles, bells, or other sound
devices (other than security devices used exclusively for security purposes), no noisy or
smoky vehicles, large power equipment or large power tools, CB radios or large antennas,
loud music, electric or electronic equipment, or any other such components, objects,
things or the like, nor shall any improvements in the Property be located, used, or placed
on a portion of the Property or exposed to the view of another Owner which may
unreasonably interfere with any Owners rights to quiet enjoyment and/or full use of fee
simple property ownership rights.
Section 2.10. "Animal and Insect Restriction" No livestock, reptiles, insects,
poultry, horses, goats, pigs, birds, or other animals of any kind shall be raised, bred, or
kept by any Unit or Owner, except domestic dogs, cats, fish, birds or other such household
pets provided that they are not kept, bred, or maintained for commercial purposes or in
unreasonable quantities. As used in this Declaration, "unreasonable quantities" shall
ordinarily mean more than three (3) pets per dwelling Unit; provided, however, that the
City may determine that a reasonable number in any instance may be more or less. The
City shall have the right to prohibit maintenance of any animal which, in its opinion,
constitutes a nuisance to any other owner. Animals belonging to owners, occupants, or
their licensees, tenants, or invitees within the Property must be either kept within an
enclosure or on a leash being held by a Person capable of controlling the animal.
Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their
families, guests, tenants, and invitees for any nuisance, waste matter, damages or injuries
caused by any animals of his Family, his tenants, or his guests.
OCR COVE 2/96
ARTICLE III
TERMINATION. AMENDMENT. AND SEVERABILITY
Section 3.01. Termination and Amendment" It is the expressed purpose and
intention of the Grantor hereof and by the execution and recordation of this declaration
as directive for any and all such Covenants, Conditions and Restrictions as noted herein,
that this declaration and all such Covenants, Conditions and Restrictions created hereby
shall without further signatures, amendments, addendums, or documentation of any kind,
automatically terminate and expire, become null and void, and be without further force
or effect, and shall thereby automatically drop from any and all of the property described
herein on January 1, 2030 A.D., unless reinstated in writing and recorded for constructive
notice, by a majority of not less than a fifty-one (51%) percent vote of all owners then
in title to said Units. This Declaration may be modification, amended or even revoked of
which the same shall become effective upon the Recordation of an instrument signed by
a majority of fifty-one (51%) percent of the Owners of Units within the Property setting
forth in full any such modification, amendment or revocation certifying the
extinguishment of this Declaration as provided herein. In determining the number of votes
that may be cast under this Declaration, each Unit shall be entitled to one (1) vote. When
more than one person owns an interest in a Unit, the vote for the Unit shall be exercised
as they among themselves determine, but in no event shall more than one (1) vote be cast
with respect to any Unit. Should the Owners fail to agree or reach an impasse, the
matter shall be decided by binding arbitration as set forth hereinbelow and each Owner
shall bear one-half (1/2) of all costs thereof.
ARTICLE IV
MISCELLANEOUS
Section 4.01. "Enforcement" Breach of any of the Covenants, Conditions and
Restrictions contained in this Declaration and the continuation of any such breach may
be enjoined, abated, or remedied by appropriate legal or equitable proceedings by any
Owner or any Unit or interested party thereof, or by the city or by Grantor. The city
shall have the right, but not the obligation, to enforce the provisions of this Declarations.
It is hereby agreed that recovery of damages at law for any breach of the provisions of
this Declaration shall be adequate remedy. Breach of any Covenants, Conditions and
Restrictions contained in this Declaration shall not defeat or render invalid the lien on
any recorded Mortgage, or any part thereof made in good faith and for value as to any
Unit of the Property; but such Covenants, Conditions and Restrictions shall be binding and
effective against any Owner of a Lot or Lots whose title thereto is acquired by
foreclosure, trustee's sale, or otherwise.
Section 4.02. "Arbitration Costs, and Attorney Fees" Except to the extent that
the disputing parties should agree in writing to any other method of resolution of any
given dispute regarding this Declaration, the parties acknowledge that they, by their
acceptance and acquisition of the Property/Unit, hereby acknowledge that it shall be
incumbent on each, to settle in as expeditious and inexpensive manner as possible any
such controversy or claim arising out of or relating to this Declaration, FIRST THROUGH
BINDING ARBITRATION before the use of any legal remedies at law.
Section 4.03. "Arbitration of Disputes" Each Unit Owner hereby agrees, pledges
and warrants each to the other, that any dispute or claim in law or equity arising out of
this Declaration or any covenants hereof, after proper discovery procedures, be decided
by neutral binding arbitration and not by court action, except as provided by California
law for judicial review of arbitration proceedings. The arbitration shall be conducted in
accordance with the rules of either the American Arbitration Association (AAA) or
Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and
JAMS rules shall be made by the claimant first filing for the arbitration. The parties to
an arbitration may agree in writing to use different rules and/or arbitrator(s). In all other
respects, the arbitration shall be conducted in accordance with part III, Title 9 of the
California Code of Civil Procedure. Judgement upon the award rendered by the
arbitrator(s) may be entered into any court having jurisdiction thereof. The parties shall
have full rights of discovery in accordance with Code of Civil Procedure #1383.05, and
should either party refuse or neglect to appear or participate in any such arbitration
proceedings, the Arbitrator shall be empowered to award judgement in accordance with
whatever evidence is presented by the parties that do participate. Any action for bodily
injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure
SS 337.1 or 337.15 applies are excluded from arbitration hereunder.
Section 4.04. "No Representations or Warranties" No representations or warranties
of any kind, express or implied, have been given or made by Grantor or its agents or
employees in connection with the Property or any portion of the Property including, but
not limited to, dealing with its physical condition, attributes, zoning, compliance with
applicable laws, or suitability except as specifically and expressly set forth in this
Declaration and except as may be Filed by Grantor from time to time with any other
governmental authority.
Section 4.05. "Insurance Obligations of Owners" Each owner shall be solely
responsible for insuring all of his Dwelling Unit and other Improvements on his Lot,
including without limitation and/or the structural portions of such Dwelling Unit, against
loss or damage by fire or other casualty. Each Owner shall also be solely responsible for
obtaining adequate comprehensive public liability insurance, including medical payments
and malicious mischief, insuring against liability for bodily injury, death, and property
damage arising from his activities on his Unit.
Section 4.06. "Notices" Any notice permitted or required to be delivered as
provided herein shall be in writing and may be delivered either personally, front door
notice or by mail. If delivery is made by mail, it shall be deemed to have been delivered
seventy-two (72) hours after a copy of the same has been deposited in the United States
mail, postage prepaid. Any notice to an Owner shall be mailed or delivered to the lots
herein unless a different address has been provided.
Section 4.07. "Titles. Interpretation. Intent and Intent" The provisions of this
Declaration shall be liberally construed to effectuate its purpose of creating general
standards for the creation and operation of a residential development, and any violation
of this Declaration shall be deemed to be a nuisance. If any portions of this Agreement
shall be held invalid, the remainder hereof shall be considered valid and operative while
effect shall be given to the intent and spirit manifested by the portion held invalid. The
Article and Section headings, titles, and captions have been inserted for convenience only,
and shall not be considered or referred to in resolving questions of interpretation or
construction. As used herein, the singular shall include the plural and the masculine,
feminine, and neuter shall each include the other, unless the context dictates otherwise.
All references herein to "days" shall, unless indicated to be contrary, refer to consecutive
calendar days.
OCR COVE 2/96
IN WITNESS WHEREOF, Grantor has executed this Declaration on this day
of February . 1996.
OWNER/GRANTOR
LAGOON WATERFRONT LLC
BY: D. JACK, MANAGING MEMBER
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
By
CITY ATTORNEY
(BELOW NOTARY REQUIRED or JURAT ATTACHED)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On FEBRUARY . 1996 before me, D. W. RYAN Notary Public,
personally appeared MR. D. JACK. personally known
to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacities, and that by
his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed this instrument. WITNESS my hand and official seal.
Signature:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On . 1996 before me, , Notary Public,
personally appeared personally known
to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacities, and that by
his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed this instrument. WITNESS my hand and official seal.
Signature:,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On FEBRUARY 7, 1996 before m6) p.w. RYAN Notary Public,
personally appeared D- JACK , [ ] personally
known to me - or [] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official
_______
(Signature of Notary)
D. W. RYAN
COMM.f 972761 f
I Notary Public - California f
4" \SBZ^7 ORANGE COUNTY fN35BggX My Comm. Expires SEP 3.1996 |
K:VADMIN\MERGE\NOTTCES\RESTRICT.FnM REV. 11/28/96