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HomeMy WebLinkAbout23-Public Works LL~C I'V. ~J.UU-~~~ CITY OF ~AN BERN(JIDINO - REQUEST f""'JI COUNCIL ACTION - From: ROGER G. HARDGRAVE. Director Subject: Staff Report: New lease to San Bernardino Junior All American Football relative to City owned property - 1244 West 9th Street Dept: Public WorksjEngineering Date: August 18, 1992 Synopsis of Previous Council action: 12/07/82 Resolution No. 82-485 adopted authorizing lease with Junior All American Football building located at 1244 West 9th Street. \ execution of a 5 for 1800 square year foot 03/07/88 Resolution No. 88-104 adopted authorizing extension of lease under same terms and conditions as previous lease. 07/06/92 Staff directed by Mayor and Council to prepare new 5 year lease with rent of $300.00 per month. 08/17/92 Staff directed to prepare extension to lease. Modifications to include a two year term and rental of $75.00 per month. Recommended motion: ADOPT RESOLUTION. cc: Shalma Clark. City Administrator Fred Wilson. Acting Director of Finan e Annie Ramos, Director of Parks & Recreation .1i'l1mp~ F. Ppnmitn. r.i +y A++nrnpy Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report. Resolution. Lease Ward: 6 FUNDING REQUIREMENTS: Amount: Non.. Source: (Acct, No.1 N/A (Acct, Descriotion) N/A Finance: Council Notes: 75-0262 Agenda Item No :r~ CITY OF SAN BERNODINO · REQUEST M COUNCIL ACTION STAFF REPORT The former City library at 1244 West 9th Street, has been leased to San Bernardino Junior All-American Football (previously known as Junior All American Football. Mesa Chapter). for the past 10 years. The rental fee is $75.00 per month. This building is located on Lot 8, Block 19. Rancho San Bernardino. Both this Lot and Lot 7, with the exception of a parcel 102.5 feet by 136 feet. were purchased in ]953 from the Federal Public Housing Administration. Encanto Park is on the remaining part of Lot B (approximately 3.72 acres). An 1800 square foot building was built in the Southwest corner of Lot 8 (on the 102.5 by 136 foot parcel of land) for use as a branch library. After the library use was discontinued. the building was leased to JAAF for a period of 5 years in 1982 for use as an equipment storage facility and meeting room. JAAF received November 30. years. a 5 year extension of the lease in 1987. This current 1992, and JAAF would like to have the lease extended for lease expires another five At the Council meeting of August 17. 1992, the Mayor and Co_on Council made a lIotion to extend the lease for a period of two (2) years at the current rent of $75.00 per month. The lease has been amended to incorporate the actions of this Council meeting and mailed to the Lessee for signature. It is expected that the signed lease will be returned to our office prior to the Council Meeting of September 8, 1992. We recommend that the amended lease be approved. 06/18/92 2 75-0264 o , .' , ....'1 J '" ! In ~m! .- ~@ i \~ i ,,@ :~ ~ ; .~ .. ~ I;) '- ~ ;-;'\ - ~ .~ ." ~.'..r . ,- .f .. @~@ : I ~ I $I@I , i I ! I I , . , I @I@!@ I I ! I I ! I . ~ :~I ,. .... ~?l ';;;\ ...." ..... ..,., co ';;1 -' ..:::: ~-l ~&! .e< '"Ir ~ II ... j! - ~ ....., #) Q ~ o ~ d ,~ .. ... 'j) !~ ~.s o ..' ... 'L.. · f ; . 1ft 1 .-+- ...:..- . i ~ ",- . ' .. . .. f .. 1. ,.- '@ @ .. ~ Ii, @ " .. . '.. '!. s f '~ '" " ~ , . .a ... ~ .. ., . . . .. ... '" ~ In t I !i I' i& ~l tl : I- ;1 ~1Il -. o .... . .. e ; .. .. . .. -1. . . i . @ ~ ~ ~ 08, ~o ......~' , ..g- ......~ \Qa -...t -,-~ - c :) 1 2 3 4 5 6 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTIlORIZING THE EXECUTION OF A LEASE WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, RELATING TO THAT CERTAIN REAL PROPERTY SITUATED EAST OF HT. VERNON AVENUE ON THE . NORTH SIDE OF NINTH STREET AND COMMONLY KNOWN AS 1244 WEST NINTH STREET. BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby au- 7 thorized and directed to execute on behalf of said City, a Lease with San 8 Bernardino Junior All-American Football, relating to certain real property 9 located East of Mt. Vernon Avenue on the North side of Ninth Street, and 10 commonly known as 1244 West Ninth Street, a copy of which is attached hereto 11 marked Exhibit "A" and incorporated herein by reference as fully as though 12 set forth at length. 13 SF.CTION 2. The authorization to execut.e the above-referenced 14 agreement is rescinded if the parties to the agreement fail to execute it 15 within sixty (60) days of the passage of this resolution. 16 / / 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / I 08/17/92 1 - t--._.~,_, . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08/17/92 LEASE: 1244 WEST NINTH STREET - SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL r~ '-'1 "'. ../ ~ I' 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof held on the ______ day of 4 1992, by the following vote, to-wit: 5 6 7 COUNCIL MEMBERS: ------- AYES NAYS AB1lTAJ.~ ~BSr;~1 ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman. City Attorney ff'J_,~-- 2 Oll/17/92 , o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEASE AGREEMENT - LF.ASE NO. 15.06-121 This Lease is made as of this day ot.__.._u'_. _on_..' 199 . by and between t.he CITY OF SAN BERNARDINO. a mllnicipal corporat.ion. hereinafter referred to as "Lessor", and SAN RERNARD'INO JUNIOR ALL-AMERICAN FOOTBALL. hereinafter referred to as "Lessee". Recitals -.------- This Lease is made and entered into with respect to the following facts: WHEREAS, Lessor is the owner of the property herein described as a portion of Lot 8, Block 19, Rancho San Bernardino. and the structure common- ly known as 1244 West Ninth Street; and WHEREAS, said structure is not now needed for municipal use and is not considered for municipal use during the term hereof; and WHERF.AS, Lessee desires the IIse of said structure, NOW, THEREFORE, in consideration of the rental hereafter reserved ilnd agreed t.o be paid to Lessor by Lessee and the mllt.ual promises. obI igilt.i ons. agrp.ements dnd covp.nants hereinafter sP.t forth and the faithful performance thereof, the parties hereby mut.ually a~ree as follows: 1 . P,.opert~ I,ea,,,!',d. Lessor hereby leases to Lessee, and Lessee herehy leases from Lessor, that certain property and structure located F.ast of Mt. Ver'non Avp.lIl1e, on the North side of Ninth Street, commonly known as 1244 West Ninth Street. in the City of San Bernardino, County of San Bernardino, State of California, together with the exclusive use of the parking facilit.ies adjoining said structure. Said property is outlined in red in attached Exhibit "A". 2. Term. The term of t.his lease shall be for a period of two (2) years, he~inninlOl Decen,ber I, 1992 dnd terminating November 30, 1994. "EXHIBIT A" L.t..t\.)i:,. J.,,"t"t ftL.)J. f'4j.f"iJ.n .)J..K.t..LJ. - .)1\1' ,~ t.) .DLKl'ttUUJj.i,V o.JUI'lJ.UJ\ i'\.LL-J'\1'JLJ\.H...t\I~ rVUJDI\LL -\ , I -' 1 3. Rental Pavments. 2 Lessee agrees tD pay and Lessor agrees tD accept as renTal fDr said 3 premises during the term hereDf, a mDnthly rental of seventy-five dollars 4 ($75.00). Said rental payments shall be paid on Dr befDre the first MDnday 5 of each month and made payable tD the LessDr, Attention: Real PrDperty 6 SectiDn, 300 North "n" Street, San BernardinD, CA 92418. 7 4 . ~_l!.._Q1JreDl~ ~~ . 8 The premises are leased to the Lessee fDr use as an office, a meeting 9 place, and for storage of equipment, materials, and supplies utilized by 10 Lessee. Lessee agrees not to use the premises, nDr tD permit their use or 11 the use of any part ,Of them, for any other purpose. ND organized athletic 12 cDntact shall be allDwed on the premises. 13 5. Termination. 14 This Lease shall be terminable at the DptiDn of either party upDn the 15 service of ninety (90) days advance written nDtice ,Of such termination tD 16 the other party. Upon termination of this Lease, Lessee shall surrender the 17 property 'occupied by this Lease in as gDod conditiDn as it was at the time 18 Lessee tODk possessiDn, subject to the cDnditiDns herein set forth. 19 6. Jm~Dvel!ents. 20 Lessee shall not make, or suffer tD be made, any alterations tD the 21 leased premises, or any part thereof, withDut the prior written CDnsent ,Of 22 LeSSDr. Any and all alteratiDns and/Dr imprDvements made tD the demised 23 premises pursuant tD this sectiDn shal I, up,an terminatiDn ,Of this Lease 24 agreement, remain as a part ,Of the premises and at nD cost or DbligatiDn tD 25 the LeSSDr. 26 7. Maintenance and OperatiDn. 27 Lessee is familiar with the leased premises and has knawledge ,Of the 28 present conditions that exist therean. Lessee shall, at Lessee's awn cost 08/17/92 2 ..........~,....~..~....,'" .........l.Jo....~' ............... "'U.~~.......,.... . oJ.....,.,)"......... ....'" lJ ,......'\ , \-....j 1 and expense, keep and maintain all improvements thereon in good condition 2 and repair, both as to the exterior and interior portions thereof. Lessee 3 shalI provide or cause to be provided, all security services, cllstodial 4 services, janitorial services, lawn maintenance services, and weed abatement 5 services which are required for the proper care and use of the premises. 6 I.essee shall IIse all reasonable precaution to prevent waste, damage or 7 injury to the property. Lessor shall, at any reasonable time, have the 8 right to go upon the property and inspect and examine the same relative to 9 such maintenance and upkeep. 10 6. Utilities. 11 Lessee shall pay for all electricity, gas, water. refuse service. 12 telephone service, and all other services and utilities, including service 13 installation fees and charges for such utilities which are not or Rlay 14 hereafter be provided to the leased premises as to any cbarges or fees 15 accruing during the term of this Lease. If Lessee desires additional 16 utilities and/or utility services to the premises, Lessee Rlust first obtain 17 written consent froll Lessor. 18 9. ~rsl1},'p. 19 Lessee acknowledges Lessor's title. paramount interest and ownership of 20 the sllbject property. and Lessee agrees never to claim, challenge, or 21 contest said title. ownership or interest of Lessor. 22 10. Tax~l!IPo~~,,~_~Q~Ll!'terest. 23 Lessee covenants during the term of this Lease to pay. when dlle. a]1 24 taxes and assessments that may be assessed or imposed upon the Lessee's 25 possessory interest in and to the premises and upon personal property 26 located on the leased premises. During Lessee's possession and use of the 27 leased premises, should any taxes thereon be assessed against Lessor, Lessee 28 agrees to indemnify Lessor thereon. 06/17/92 3 -"-~ .""', :') " \.../ 1 11. Amendment. 2 This agreement may be amended or modified only by written agreement 3 signed by both parties. 4 12. !.~I}Q.~. 5 (a) Ft~.!". Lessee agrees to procure and maintain in force during the 6 term of this agreement and any extension thereof, at its expense, a policy 7 or policies of insurance whereby the CJTY OF SAN BERNARDINO will be named as 8 the primary insured against loss or damage to the leased premises, 9 appurtenances and permanent equipment therein, resulting from fire, 10 windstorm and extended perils, in a minimum amount of S100,OOO.00. Damage 11 from lightning. vandalism. malicious mischief and such perils ordinarily 12 defined as "extended coverage" shall be included in such coverage. The 13 insurance policy shall be issued in the names of Lessor and Lessee. The 14 insurance policy shall provide that any proceeds shall be made payable 15 solely to the Lessor, or, alternatively, to Lessor and Lessee, as their 16 interests may appear. 17 (b) Liab!lity. Lessee agrees to procure and maintain in force during 18 the term of this lease and any extension thereof, at its expense, public 19 Iillbil ity insurance in companies and through brokers approved by Lessor 20 through its Risk Manllger. adequate to protect against liability for damage 21 c]aim~ through the Lessee's use of or arising out of the use of the leased 22 premises, in a minimum amount of ONE MILLION DOLLARS (Sl,OOO,OOO.OO) 23 combined single limit. Lessee shall provide to Lessor's Risk Management 24 Division, an annual policy of insurance which includes: 25 1. The City of San Bernardino as an additional named insured; 26 2. The insurance company nillle, policy number, period of coverage and 27 the amount of insurance; 28 3. That the Real Property Section of the City of San Bernardino must be 08/17/92 4 ~~~........,...... ............., "Lo.....' ......,...U .....~~~......~~ .....".. .............".ru\..J~"V V~"''''.JH ru......... .......LH'.......;~., J VV......;....~.... ,...., '-..) ......\ ......,f 1 given notice, in 'writing, at least thirty (30) days prior to cancellation, 2 material change or refusal to renew policy; and 3 4. Condition that Lessee' s insurance wi 11 be primary to any coverage 4 that Lessor may have in effect. 5 Lessee agrees that, if such insurance policies are not kept in force 6 during the term of this lease, and any extension thereof, Lessor may have 7 the option of one of the following: 8 (a) Procure the necessary insnrance, pay the premium therefor, and that 9 such premium sha]] be repaid to Lessor as an additional rent instal ]ment for 10 the month fo] lowing the date on which such premiUBI is paid. 11 (b) Immediate]y declare this I.ease in default, and terminate this Lease 12 forthwith. 13 13. Dama&.~!ire, Earthquake or Calami!,y. 14 If by earthquake, flood or other similar calamity or act of God, or if 15 by fire, act of war or other similar cause, any existing improvements, or 16 any improvements constructed by Lessee on the leased property are destroyed 17 or damaged to a substantial degree, I.essee shall repair them when such 18 repairs can be made in conformity with any applicable law, and if, within 19 ninety (90) days after the date when such destruction or damage occurs, 20 Lessee has not cOlllmenced repair or reconstruction, the Lessor may terminate 21 this I.ease upon forty-five (45) days' written notice to I.essee. If so 22 terminated, then Lessee'shall,'at its own expense, and upon election by 23 I.essor, forthwith remove any or all of the damaged improvements. 24 14. I nd_,,-,!,njJica.Uon . 25 I.essee shall exercise its privileges under this Lease at its own risk. 26 Lessee shall indemnify and hold harmless Lessor, its elective and 27 appointive boards, commissions, officers, agents and employees from 28 liability resulting from, arising out of, or in any way connected with, the 08/17/92 5 ..........1;............ .1............ nJ.v! n..........' ......J'........... -- ur>.,. ..........J~'.ru~..'1U 'JU'1.1..U", ..-.............-r.,...............,.,. .. v'J.......r............. ('\ lo"..1 - t , ...' 1 Lessee's operations under this agreement or Lessee's occupation of the 2 property, including claims resulting from the conduct of Lessee, its 3 4 5 6 7 8 9 10 11 12 13 14 15 16 employees, invitees, guests or agents of Lessee, or Lessee's failure to perform its promises in connection herewith. Lessee shall defend Lessor, its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or a]lp.ged to have been caused, by 'reason of any of Lessee's operations under this agreement. Lessor shall not be liable to Lessee if Lessee's occupation or use of the property is hindered or disturbed. 15. ~otises. A]] notices herein required shall be in writing and delivered in pp.rson or sent by certified mail, posta~e prepaid, addressed as follows: LESSOR: LESSEE: CITY OF SAN BERNARDINO Real Property Section 300 North "D" Street San Bernardino, CA 92418 (714) 384-5111 SAN BERNARDINO JUNIOR ALL AMERICAN F()()']'BALL 1244 West 9th Street San Bernardino, CA 92411 (714) 889-7717 17 16. Condition of Property Upon Surrender. 18 19 20 21 Upon termination of this ~gree.ent, Lessee agrees to surrender the said property occupied under the Lease herein granted, in as good condition as same was at the time of Lessee's original entry. Lessor may elect to take possession of and appropriate to itself without payment any 22 property of Lessee, or anyone claiming under Lessee, which Lessee fails to 23 remove after notice. 24 17. :>~~~Qilitv. 25 In the event this agreement. or any portion thereof, should be 26 determined to be void, illegal or improper, for any reason whatever, all 27 other portions of the agreement sha]! remain fully enforceable to the extent 28 possible after such determinations. 08/17/92 6 ....".H'..."....~.." ~"..."~V" ..........-~...."..,.n.. ..VV,...Jh.......d. o ,....." , i ...... 1 18. !!e_!aul t. 2 In the event Lessee shall be in default in the payment of rentals. 3 taxes. or other charges hereunder. or shall otherwise breach its covenants 4 or obligations hereunder. and shall be and remain in default for a period of 5 thirty (30) days after written notice from Lessor to it of such default. 6 Lessor shall have the right and privilege of terminating this. Lease and 7 deClaring the same at an end. and of entering upon and taking possession of 8 said premises. and shall have the remedies now or hereafter provided by law 9 for recovery of rent and/or taxes, repossession of the premises and damages 10 occasioned by such default. If such default should occur. then Lessor shall 11 have the right to take possession of and appropriate to itself without 12 payment therefor. any property of Lessee or anyone claiming under him. then 13 remaining on said premises. 14 19. ~f..(ec~<?!-1,~sso~s Waiver. 15 Lessor's waiver of breach of one term. covenant. or condition of this 16 Lease is not a waiver of breach of others. nor of subsequent breach of the 17 one waived. Lessor's acceptance of rent installments after breach is not a 18 waiver of the breach. except of breach of the covenant to pay the rent 19 installment or installments accepted. 20 20. Duty to Hake Alter.!'tions, Add,iti~~or Chan~s R~9:!I_ir~~ bv_I,.a.",. 21 If, during the term of this Lease. any law. regulation, or rule requires 22 that an alteration. addition. or other change be made to the leased 23 premises. the parties agree as follows: 24 (a) If the alterations. additions. or changes are required as a result 25 of Lessee's use of the premises. Lessee wi I I make the. and bear a] I expense 26 connP.cted therewi th . 27 (b) If the alterations. additions. or changes are required as a result 28 of the condition or nature of the premises at the time of execution of this 08/17/92 7 o ,.-..." 1 -- 1 I.ease, not caused. by use of the premises ~ Lessee. Lessor will makp them 2 and bear all expense connected therewith. 3 21. fnsP8ctions. 4 Lessor. its agents. officers. or ellployees may enter upon the leased 5 premises at such reasonable times during Lessor's nOn8al business hours as 6 it deems necessary for the purpose of inspection of the premises to 7 determine whether the terms and conditions of this Lease are being performed 8 and kept by Lessee. 9 22. Non,:Discri~.i.!!",Uon. 10 The Lessee hereby covenants by and for itself. its heirs. executors, ad- 11 ministrators. employees. agents. and assigns. and all persons claiming under 12 or through it. that there shall be no discrimination against or segregation 13 of any person or group of persons, on account of race. color. religion. sex. 14 national origin. ancestry. age. or handicap. in the leasing, subleasing. 15 transferring. use. occupancy. tenure. or enjoyment of the premises herein 16 leased, nor shall the Lessor itself. or any person claiming under or through 17 it, establish or permit any such practice or practices of discI'imination or 18 segregation with reference to the selection. location, number. use. or 19 occupancy, of tenants, lessees, sublessees. subtenants. agents, employees, 20 assigns, or vendees in the prellli ses herein 1 eased. 21 23. Assignments: Sole Occupancv. 22 Lessee shall not assign this Lease or sublet the leased premises or any 23 part thereof without obtaining the prior written consent of the Lessor. The 24 parties contemplate that Lessee shall be the sole occupant of these 25 premises, and the rental rate is established based in part thereon. Any 26 change in occupancy constitutes a materia] breach of this agreement. 27 24. ~~,'!~!1t Dolll~.i.!!. 28 If the whole of the leased premises. or so Iluch thereof as to render the 08/17/92 8 un.. ...............n...t.'-'-'...H'~ ,"'Ul~",,,"h ~.....-n"~d.....,.n,~ J vv~.u1"U4.. ("" - ......., _...,i 1 rp.mainder unusahle for the purposes for which the same was leased, shall be 2 taken under the power of eminent domain, then this Lease shall t.enlinate as 3 of the date possession shall be so taken. If less than the whole of the 4 leased premises shall be taken under the power of eminent domain. and the 5 remainder is usable for the leased purposes, then this Lease shall continue 6 in full force and effect and shall not be terminated by virtue of such 7 taking and the parties may waive the benefit of any law to the contrary, in 8 which event the parties shall determine if a partial abatement of the rent 9 hereunder is justified. Any award made in eminent domain proceedings for 10 the taking or damaging of the leased premises in whole or in part shall be 11 paicl to the Lessor (tol'!ether with any other money which shall be or may be 12 made available for such purposes). 13 25. !-_e.!!~~ !\n"acl)ecl _,1;JL )",,-ss,ee''L_ ~e,~eiver~h~p',-~ssJgnme!l.L for,_Bene,fit,. of 14 lI~di tor~ ,,]:nsoJxency !__or:_Jlallkr,uptD" 15 Appointment of a receiver to take possession of Lessee's assets. 16 Lessee's general assignment for benefit of creditors. or Lessee's insolvencv 17 or taking or suffering action under the Bankruptcy Act is a breach of this 18 Lease and shal I terminat.e same. 19 26. Lease Applicahle to Successo.rs. t;;_tc. 20 This Lease and the terms. covenants and conditions hereof apply to. and 21 are binding on the heirs. successors, executors, administrators and assigns 22 of the parties hereto. 23 27. ~nj:}o!:~_A&.r~_"-II!f!!lYL~E.l'!' 24 This document represents the entire. total, and complete agreement and 25 no other written and lor oral agreements exist in this regard. 26 1 1 27 1 1 28 1 1 08/17/92 9 08/17/92 c .............'''....u.......... '""''''''''~H ...~... .........~_..., . '-'~~~............ ,.... ,.) the date first above written. IN WITNESS WHEREOF, the parties hereto have executed this agreement on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: ATTEST: RACHEL KRASNEY, City Clerk LESSOR: CITY OF SAN BERNARDINO By: W. R. HOLCOMB, Hayor Dated: LESSEE: SAN BERNARDINO .nJNIOR ALL AMERICAN FOOTBALL DATED: Approved as to form and legal content: JAMES F. PENMAN, City Attorney "'~-1~~- By: ___________...._'_________ Printed NlIIBe; _ KE!.1!t JOHNSQ~ Title:_~~es~qent 10 l .- . t . . .. . ! III - lIP III ~ o - ~ .. 1Zl:l> .., li ~ '. i!. . ~ @ If .. III S ,~ il , . , .., .. "'l . @ I . , I -. ,. @. I . . .,' .. -~ " ! --.-+ t ~L . .. .' i. -:1. I ... . ~. ZZ~I I .... ,1'; -!lI' . I' I ..., . . ~ ~ I , I I @j@ i @I~i~ I I. I , ',,"' ,.. . . .- EXHTRTT "A" @;@ . , @: : (!.' : ~.. ~ ~ ; ; .. .. ~ .. -' ~ !(D~ III "'l ~ .., f ,.-,. '1"- . - ~. @ @~ snEET-t:-" +-..- ,