HomeMy WebLinkAboutContract 43634CITY SECRE1AY1'
CONTRACT P10. aak�
317264.2
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT is made and effective this ttic day o6fick b i ; 2012, by and
between the City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas
located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to as
"City") and the Bank of America, N.A., Trustee under the will of A.M. Pate; the A.M. Pate, Jr.
Marital Trust under will; the A.M. Pate, Jr. Charitable Trust under will; the A.M. Pate, III Trust
under will; the Sheila L. Pate Trust under will; the Charles Patrick Pate Trust under will; the
Sharon L. Pate Trust under will; the Christopher Todd Miller Trust under will; The Charles
Patrick Pate, Jr. Trust under will; the Adlai Preston Pate Trust under will; the Mason L. Pate
Trust under will; Christopher Todd Miller Revocable Trust; Charles Patrick Pate, Jr. Revocable
Trust; and Mason Lansden Pate Revocable Trust; Texas Christian University; Texas Wesleyan
University; Austin College and Charles Patrick Pate, individually, hereinafter called "the
Owner", whether one or more natural persons or other legal entities, and is as follows:
WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", is
located within the extraterritorial jurisdiction of the City and is subject to municipal annexation;
and
WHEREAS, the Property is appraised for ad valorem tax purposes as land for
agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code,
or as timber land under Subchapter E of that chapter;
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not
annex property appraised for such purposes unless it first offers to make a development
agreement with the Owner pursuant to such section; and
WHEREAS, the City has notified the Owner of its intent to annex the Property and has
offered to enter into an agreement guaranteeing the continued extraterritorial jurisdiction status
of the Property upon the terms and conditions hereinafter provided; and
WHEREAS, the City desires that any development of the property be in conformance
with the City's Comprehensive plan; and
WHEREAS, the Owner desires to enter into this Agreement to secure the continued
extraterritorial jurisdiction status of the Property:
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned
by the Owner within the bou*dari
es ,cribed in Exhibit A attached hereto and
OFFICIAL
CITY SECRETARY
FT. WORTH, TN
09-24-12 A 1 0: 04 IN
incorporated herein by reference, more particularly described as Tracts 2D 1, 2D 1 B, and 2D2 of
the John Heath Survey, Abstract 641, which is appraised for ad valorem tax purposes as land for
agricultural use.
2. Continuation of Extraterritorial Status. The Property shall not be annexed and
shall remain in the extraterritorial jurisdiction of the City as long as this agreement is effective,
the Property is not subdivided, the Property continues to be appraised for ad valorem tax
purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter
23, Texas Tax Code, or as timber land under Subchapter E of that chapter and the Owner is not
in violation of this agreement. This provision does not prohibit annexation with the consent of
the Owner.
3. Application of Municipal Regulations. All regulations and planning authority
of the City that do not interfere with the use of the land for agriculture, wildlife management or
timber use may be enforced with respect to the Property. Such regulations and planning
authority may be enforced as they now exist or may hereafter be established or amended, and
this Agreement shall not be deemed a permit for the purposes of Texas Local Government Code
Chapter 245.
The Ownei consents to the applicability of all regulations and planning authority of the
City that do not interfere with the use of the area for agriculture, wildlife management or timber,
including, but not limited to, development regulations, zoning regulations pertaining to the "AG"
Agricultural district building, mechanical, plumbing, residential, energy and fire codes building
permit requirements, minimum building standard codes, environmental protection and
compliance and health codes, prohibitions on septic tanks, the gas drilling and production
ordinance and other City regulations as they currently exist or may be enacted in the future.
Owner agrees that any subdivision plat or related development document for the area filed with a
governmental entity having jurisdiction over the property will be in conformance with the City's
most recently adopted Comprehensive Plan in effect on the date of this agreement. Owner agrees
that any filing that is not in conformance with the City's Comprehensive Plan will not be deemed
a permit for the purposes of the Texas Local Government Code Chapter 245.
The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions
of the City of Fort Worth for the purpose of enforcing City Codes and regulations and
prosecuting criminal violations of City regulations on the Property.
4. Annexation Upon Subdivision or Change of Use. For purposes of this
Agreement, the term "Non -eligible Property" means that part of the Property which Owner
ceases to use solely for agricultural, wildlife management or timber uses This agreement is
cancellable as to the Non -eligible Property if and when the Owner ceases to use a part of the
Property solely for agricultural, wildlife management or timber use and/or subdivides or
develops the Property or any part thereof in any manner that would require a plat of the
subdivision to be filed with any governmental entity having jurisdiction over the Property. If any
of the Property ceases to be used for agricultural, wildlife management or timber use or if the
Owner subdivides the Property as described in this section, the City may cancel the agreement as
to the Non -eligible Property and annex the Non -eligible Property. If the Non -eligible Property is
not contiguous to the boundary of the City, the City may also annex a portion of the Property
317264.2
2
between such Non -eligible Property and the boundary of the City, such part to be comprised of
an area no wider than the adjoining width of the Non -Eligible Property to be annexed (but in any
event not to exceed 1,000 feet wide) in order to provide access to the Non -eligible Property.
Such annexation shall be deemed to be with the consent of the Owner, provided, however,
notwithstanding anything herein to the contrary this Agreement shall remain in full force and
effect as to the balance of the Property. The City shall provide written notice of such
cancellation of the Non -Eligible Property and of the annexation in accordance with Chapter 43 of
the Texas Local Government Code.
5. Term. This Agreement shall terminate five years after the effective date of this
Agreement or upon annexation of the Property in conformance with this agreement and/or
Section 43.035 of the Texas Local Government Code, whichever comes first. Upon termination,
the City may annex the Property, either in whole or in part or for full- or limited -purposes, and
such annexation shall be deemed to be with the consent of the Owner.
6. Agreement a Covenant Running With the Land. This Agreement shall be
recorded in the Real Property Records of the applicable county and shall be a covenant running
with the land binding upon all parties having any right, title or interest in the Property or any part
thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners
of the Property and to the City. This Agreement may not be revised or amended without the
written consent of both parties.
7. Notice of Sale of the Property. Prior to the sale or conveyance of any portion of
the Property, the Owner shall give written notice and a copy of this Agreement to the prospective
purchaser or grantee and shall provide a copy of such disclosure to the City.
8. Form and Delivery of Notice. Any notice required or permitted under this
Agreement shall be in writing and shall be delivered in hand, by facsimile, or by registered or
certified US mail. Notice to the Owner may be addressed to Owner at the address indicated on
the most recent applicable county property tax roll for the Property If more than one entity is
named in this Agreement, service of any notice on any one of the entities shall be deemed service
on all entities. Any notice so given shall be deemed to have been received when deposited in the
United States mail so addressed with postage prepaid:
CITY:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
Owner:
Bank of America, Trustee under the will of A.M. Pate, et al.
Pamela A. Spadaro, CCIM
Senior Vice PresidentU.S. Trust, Bank of America Private Wealth Management
901 Main Street, 16th Floor
Dallas, Texas 75202
Facsimile Number 214.209.1670
317264.2
9. Enforcement. This Agreement may be enforced by Owner or City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
Agreement thereafter.
10. Provisions Severable. If any provision contained in this Agreement is held
unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
11. Governmental Powers. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers.
12. Captions. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
13. Modification of Agreement. This Agreement cannot be modified or amended
without the written consent of all the parties hereto and attached and made a part of this
Agreement.
14. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division and construed in conformity with the provisions of Texas Local Government Code
§43.035.
IN WITNESS WHEREOF, the parties have signed and executed this Agreement
effective as of the date first set forth above.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
1Q Uik.
kOntiO
Assistant City Attorney
317264.2
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OFFICIAL RECORB
CITY SECRETARY
Fr WORTflfl TX
OWNERS:
BANK OF AMERICA, N.A., TRUSTEE under the will
of A.M. Pate; the A.M. Pate, Jr. Marital Trust under will;
the A.M. Pate, Jr. Charitable Trust under will; the A.M.
Pate, III Trust under will; the Sheila L. Pate Trust under
will; the Charles Patrick Pate Trust under will; the Sharon
L. Pate Trust under will; the Christopher Todd Miller Trust
under will; The Charles Patrick Pate, Jr. Trust under will;
the Adlai Preston Pate Trust under will; the Mason L. Pate
Trust under will; Christopher Todd Miller Revocable Trust;
Charles Patrick Pate, Jr. Revocable Trust; and Mason
Lansden Pate Revocable Trust; Texas Christian University;
Texas Wesleyan University; Austin College and Charles
Patrick Pate, individually
By:
Pamela Spadaro, S n' • r Vice President
TEXAS CHRISTIAN UNIVERSITY
By:
Brian Gutierrez
Vice Chancellor for Finance/Admin
TEXAS WESLEYAN UNIVERSITY
By:
Name:
Title:
AUSTIN COLLEGE
By:
Heidi B. Ellis
Vice President of Business Affairs
317264.2 5
OWNERS:
BANK OF AMERICA, Y.A., TRUSTEE under the will
of A.M. Pate; the A.M. Pate, Jr. Marital Trust under will;
the A.M. Pate, Jr. Charitable Trust under will; the A.M.
Pate, III Trust under will; the Sheila L. Pate Trust under
will; the Charles Patrick Pate Trust under will; the Sharon
L. Pate Trust under will; the Christopher Todd Miller Trust
under will; The Charles Patrick Pate, Jr. Trust under will;
the Adlai Preston Pate Trust under will; the Mason L. Pate
Trust under will; Christopher Todd Miller Revocable Trust;
Charles Patrick Pate, Jr. Revocable Trust; and Mason
Lansden Pate Revocable Trust; Texas Christian University;
Texas Wesleyan University; Austin College and Charles
Patrick Pate, individually
By:
Pamela Spadaro, Senio Vice President
TEXAS CHRISTIAN UNIVERSI Y
Brian Gutierrez/
Vice Chancellor fo A.Viance/Adnlin
TEXAS WESLEYAN U1\IVERSITY
By:
Name:
Title:
AUSTIN COLLEGE
By:
Heidi B. Ellis
Vice President of Business Affairs
317264.2 5
OWNERS:
BANK OF AMERICA, N.A., TRUSTEE under the will
of A.M. Pate; the A.M. Pate, Jr. Marital Trust under will;
the A.M. Pate, Jr. Charitable Trust under will; the A.M.
Pate, III Trust under will; the Sheila L. Pate Trust under
will; the Charles Patrick Pate Trust under will; the Sharon
L. Pate Trust under will; the Christopher Todd Miller Trust
under will; The Charles Patrick Pate, Jr. Trust under will;
the Adlai Preston Pate Trust under will; the Mason L. Pate
Trust under will; Christopher Todd Miller Revocable Trust;
Charles Patrick Pate, Jr. Revocable Trust; and Mason
Lansden Pate Revocable Trust; Texas Christian University;
Texas Wesleyan University; Austin College and Charles
Patrick Pate, individually
By:
Pamela Spadaro, Sen.io Vice President
•
TEXAS CHRISTIAN UNIVERSITY
By:
Brian Gutierrez
Vice Chancellor for Finance/Alin
TEXAS WESLEYAN UNIVERSITY
By: tafirleMS, //0
ng y
Title: � V/GE PfDfl „:71) , M • OF//?hANC� P gDm(' S7-Rmibti
AUSTIN COLLEGE
By:
Heidi B. Ellis
Vice President of Business Affairs
317264.2 5
OWNERS:
BANK OF AMERICA, N.A., TRUSTEE under the will
of A.M. Pate; the A.M. Pate, Jr. Marital Trust under will;
the A.M. Pate, Jr. Charitable Trust under will; the A.M.
Pate, III Trust under will; the Sheila L. Pate Trust under
will; the Charles Patrick Pate Trust under will; the Sharon
L. Pate Trust under will; the Christopher Todd Miller Trust
under will; The Charles Patrick Pate, Jr. Trust under will;
the Adlai Preston Pate Trust under will; the Mason L. Pate
Trust under will; Christopher Todd Miller Revocable Trust;
Charles Patrick Pate, Jr. Revocable Trust; and Mason
Lansden Pate Revocable Trust; Texas Christian University;
Texas Wesleyan University; Austin College and Charles
Patrick Pate, individually
By:
Pamela Spadaro, Senior Vice President
TEXAS CHRISTIAN UNIVERSITY
By:
Brian Gutierrez
Vice Chancellor for Finance/Admin
TEXAS WESLEYAN UNIVERSITY
By:
Name:
Title:
AUSTIN COLLEGE
By:
A\ gmaird g) isotsLisf)
Heidi B. Ellis
Vice President of Business Affairs
317264.2 5
CHARLES PATRICK PATE, INDIVIDUALLY
B/ i
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Clfarles frfrick1Pt'te l
THE STATE OF TEXAS
COUNTY OF TARRANT §
4
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day o
by Fernando Costa, Assistant City Manager of the City of Fort Wort
corporation, on behalf of said corporation.
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EVONIA DANIELS
MY COMMISSION EXPIRES
July 10,2013
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THE STATE OF TEXAS
COUNTY OF TARRANT
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Notary Public, State of Texas
2012,
a Texas municipal
This instrument was acknowledged before me on the ¥aydof
> 2012,
by Pamela A. Spadaro, Senior Vice President of Bank of America, N.A., ( national banking
association, Trustee uunder the will of A.M. Pate; the A.M. Pate, Jr. Marital Trust under will; the
A.M. Pate, Jr. Charitable Trust under will; the A.M. Pate, III Trust under will; the Sheila L. Pate
Trust under will; the Charles Patrick Pate Trust under will; the Sharon L. Pate Trust under will;
the Christopher Todd Miller Trust under will; The Charles Patrick Pate, Jr. Trust under will; the
Adlai Preston Pate Trust under will; the Mason L. Pate Trust under will; Christopher Todd Miller
Revocable Trust; Charles Patrick Pate, Jr. Revocable Trust; and Mason Lansden Pate Revocable
Trust, on behalf of the Bank as Trustee.
2 i4s-irosizt.,— o, sora30,r .ws.► 0vmx .s
Notary‘311Ita‘ ANGIE R. SARVER 3
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Public
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STATE OF TEXAS
My Comm. Exp. 36-02-13 3
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NotaryA3ublic, State of Texas
•
317264.2
CHARLES PATRICK PATE, INDIVIDUALLY
By:
Charles Patrick Pate
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day ofa���hAA 2012,
by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said cooration.
c• .
EVONIA DANIELS MY COMMISSION EXPIRES
July 10, 2013
THE STATE OF TEXAS
r : "/ i •
COUNTY OF TARRANT §
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otary Public, State of Texas
This instrument was acknowledged before me on the .) 4day Aof
g � 2012,
by Pamela A. Spadaro, Senior Vice President of Bank of America, N.A., J national banking
association, Trustee uunder the will of A.M. Pate; the A.M. Pate, Jr. Marital Trust under will; the
A.M. Pate, Jr. Charitable Trust under will; the A.M. Pate, III Trust under will; the Sheila L. Pate
Trust under will; the Charles Patrick Pate Trust under will; the Sharon L. Pate Trust under will;
the Christopher Todd Miller Trust under will; The Charles Patrick Pate, Jr. Trust under will; the
Adlai Preston Pate Trust under will; the Mason L. Pate Trust under will; Christopher Todd Miller
Revocable Trust; Charles Patrick Pate, Jr. Revocable Trust; and Mason Lansden Pate Revocable
Trust, on behalf of the Bank as Trustee.
ANOIE R. SARVER
Notary Public
STATE OF TEXAS
My Comm. Exp. 06-02-13
42464
Notaryft'ublic, State of Texas
317264.2
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the
by CHARLES PATRICK PATE.
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.01111
CHRISTINA KUTEJ
Notary Public )
STATE OF TEXAS
My Comm. Exp. 01-14-16
1
THE STATE OF TEXAS §
COUNTY OF TARRANT S
day of ��5� , 2012,
Notary Public, State of Texas
This instrument was acknowledged before me on the day of , 2012,
by , as
UNIVERSITY, on behalf of the University.
THE STATE OF TEXAS
COUNTY OF TARRANT
of TEXAS WESLEYAN
Notary Public, State of Texas
This instrument was acknowledged before me on the day of , 2012
by Heidi B. Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on behalf of the
College.
Notary Public, State of Texas
•
317264.2 7
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of
by CHARLES PATRICK PATE.
THE STATE OF TEXAS
COUNTY OF TARRANT
Notary Public, State of Texas
STLPHANIE FRANKS
Nolcgy Public,
State of texas I
Caws 08-1 OD 13g
9 2012,
This instrument was acknowledged before me on the 3 0 dayu �-
of � , 2012,
by iCa LKV1v + mite ° asVice nz� �� �� of TEXAS �ESLEYA UNIVERSITY, on behalf of th University.
THE STATE OF TEXAS
COUNTY OF TARRANT
3 tkohosup
Notary Public, State of Texas
This instrument was acknowledged before me on the day of , 2012
by Heidi B. Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on behalf of the
College.
Notary Public, State of Texas
317264.2
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of
by CHARLES PATRICK PATE.
THE STATE OF TEXAS
COUNTY OF TARRANT
by
Notary Public, State of Texas
, 2012,
This instrument was acknowledged before me on the day of , 2012,
, as
UNIVERSITY, on behalf of the University.
THE STATE OF TEXAS
COUNTY OF TARRANT
of TEXAS WESLEYAN
Notary Public, State of Texas
This instrument was acknowledged before me on the I t day of
g y
by Heidi B. Ellis as Vice President of Business Affairs of AUSTIN COLLEGE,
College.
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otary Public, State of Texas
2012
behalf of the
317264.2 7
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the gel day o 5t , 2012,
by Brian Gutierrez, as Vice Chancellor for Finance/Admin. of TEXAS CHRIS AN
UNIVERSITY, on behalf of the University.
.a. 6c;Y,P TERRY HANEY
o. NOTARY PUBLIC
+ State of Texas
of ```•' Comm. Exp. 11-12-2015
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throekmorton Street
Fort Worth, Texas 76102
Notary Public, '.te of Texas
317264,2 8
Development Agreement Area
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2012
DATE• Tuesday, September 11, 2012 REFERENCE NO.: C-25821
LOG NAME 065030 DEVELOPMENT AGREEMENT 8-12
SUBJECT:
Authorize Execution of a Development Agreement in Lieu of Annexation with Multiple Property Owners for
Certain Property, Known as the Pate Ranch Located Generally West of Summer Creek Drive and South of
Dirks Road (COUNCIL DISTRICT 3)
RECOMMENDATION.
It is recommended that the City Council authorize the execution of a development Agreement between the
City and multiple property owners for the application of development standards in lieu of annexation for
property located generally west of Summer Creek Drive and south of Dirks Road in unincorporated
Tarrant County.
DISCUSSION:
State law requires a municipality to offer development Agreements in lieu of annexation to property
owners who maintain a current agricultural tax exemption on property considered for annexation If a
development Agreement is signed, the property will retain its extraterritorial jurisdiction status until it loses
its agricultural exemption or the development Agreement expires, whichever comes first.
The five-year annexation program identifies the subject property Area 55 for annexation consideration this
year The property owners were offered, and elected to enter into, a development Agreement in lieu of
annexation. Approximately 472 acres of land in Area 55 qualify for the development Agreement in lieu of
annexation, as shown on Exhibit A. The joint owners of these properties have signed their respective
Agreement.
The development Agreement will provide for the enforcement of development regulations including:
Zoning and Subdivision Ordinances in accordance with the Comprehensive Plan municipal building,
mechanical, plumbing, residential, energy and fire codes, building permit requirements, minimum building
standard codes, environmental protection/compliance and health codes, prohibitions on septic tanks, gas
drilling and production ordinance, and other City regulations as they currently exist or may be enacted in
the future. Additionally, the owners consent to the jurisdiction of the City's Municipal Court boards and
commissions to enforce City codes and regulations as well as prosecuting criminal violations of City
regulations The development Agreement causes the properties to be generally in compliance with
development standards within the City limits.
All properties are in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 3.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
Logname: 065030 DEVELOPMENT AGREEMENT 8-12 Page 1 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. Exhibit A - Pate DA area.pdf (Public)
Fernando Costa (6122)
Randle Harwood (6101)
Beth Knight (8190)
Logname: 065030 DEVELOPMENT AGREEMENT 8-12 Page 2 of 2