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HomeMy WebLinkAboutContract 3786611 T % C RETi�1R'v' ONTFz,,, CT �10 STORM WATER FACILITY MAINTENANCE AGREEMENT i JD THIS AGREEMENT, made and entered into this day of 2 , by and between Tom S Mackie, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City" WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 27 acre tract located in the A. F. Albright Survey, Abstract 1849, Tarrant County, Texas according to the deed recorded in Instrument No. D208207492, Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Hartman North Main Street Addition hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on -site Storm Water Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on -site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and STORM WATER FACILITY MAINTENANCE AGREEMENT 1 Rev. 01 /09/2007 NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows. 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on -site Storm Water Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Storm Water Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Storm Water Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection fmdings and a directive to commence with the repairs if necessary. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY N_ARNrr,ESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD H�1ItNH.,ESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 01 /09/2007 FACILITIT I PROPERTY TO MAINTAIN TDE BED AND BANKS OF 111MURIOLIEW111. I IU 11:11 . I , RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AI`�1I➢ ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WYTH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 01 /09/2007 '"' Executed this of 20Da Landowner City Tom S. Mackie City of Fort Worth I Tom S. Mackie Fernando Costa Manager-Authoriz ep Assistant City Manager Approved as to Form and Legality i K. P. Assist t City Attorney 2 liiiiiiiiii ATTEST llililll:ll ISO liiiiiiiiiiii Million�ontrac �uthor1zatiOR C7I date City Secretar STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged on before me on D 'Aq jlox by:S�:F�k O Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Qt�:'s°°°'' HETTIEIANE ** MY COMMISSION EXPIRES July 26, 2011 NOV STATE OF TEXAS § COUNTY OF DALLAS § Notary Public, State of Texas Before me, the undersigned authority on this 3�t� day of 2008, personally appeared Tom S. Mackie, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of 5 W Ac.,eAe4.. and that he executed the same as its 72keje. 1114411.,000W and as the act of such ��Cu7� and for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of Texas Marcran►M MY COMMISSION EXPIRES June 12, 2012 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.01/09/2007 E LUMII "A" LEGAL DESCRIPTION DETENTION POND No.l BEING a tract of land situated in the A.F. Albright Survey, Abstract No. 1849, Tarrant County, Texas and being a portion of a tract of land as described in a deed to Hartman-RPC, LLC, a limited liability company, as recorded in Document Number D208207492, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found marking the intersection of a north line of a 75 foot Texas Electric Service Company Easement as recorded in Volume 2037, Page 277, Deed Records, Tarrant County, Texas, and the westerly Right -of -Way line of North Main Street (variable width Right -of --Way), said point marking the southeast corner of said Hartman-RPC, LLC tract; THENCE, South 89°27'S7" West, along the common line between said Texas Electric Service Company Easement and Hartman-RPC, LLC tract, a distance of 113.72 feet to a point; THENCE, North 00°32'03" West, a distance of 35.00 feet to the POINT OF BEGINNING and the southeast corner of the herein described private drainage and detention easement; THENCE, South 89°27'S7" West, parallel with the common line between said Texas Electric Service Company Easement and Hartman-RPC, LLC tract, a distance of 465.35 feet to a point for corner; THENCE, North 02°46'S7" West, a distance of 92.07 feet to a point for corner; THENCE, North 89°27'S7" East, parallel with the common line between said Texas Electric Service Company Easement and Hartman-RPC, LLC tract, a distance of 406.05 feet to a point for corner; THENCE, North 24°47' 19" East, a distance of 42.45 feet to a point for corner; THENCE, South 65012'41" East, a distance of 49.51 feet to a point for corner; THENCE, South 00032'03" East, a distance of 109.20 feet to the POINT OF BEGINNING and containing a computed area of 1.023 acres (44,570 square feet) of land. The Bases of Bearings for this description is based on the Texas State Plane Coordinate system for the North Central Zone (NAD 1983). J:�FIELD NOTE DESCRIPTIONS\AC 181-08 Fort Worth Truck CenteADetention area 1 & 2 Legal Description.doc Page 1 of 4 W VW, SURVEYINGCOMPANY.COM "RI -TECH DFT z SURVEYING COMPANY L.P HARTMAN NORTH 'MAIN STREET ADDITION BLOCK 1 Ua °°og L 2825 Exchange Blvd., Suite 104 Phone: (817) 442-5511 Southlake,Texas 76092-9152 Fax: (817) 416-9198 Hartman—RPC, LLC, a limited liability company, recorded in Document Number D208207492, Deed Records, Tarrant County, Texas. 30' WATER MAIN EASEMENT VOL. 17432, Pg. 334 D.R.T.C.T. CCFNo. N0. VOL. PG. P.O.B. P.O.C. S.F. IRF CIRS O.P.R.C.C.T. D.R.C.C.T. DETENTION POND No.1 � PRIVATE STORM DRAIN ESMT — 4.1 P.0.8. N 00'32'03"W — 35.00' 75' TEXAS ELECTRIC SERVICE COMPANY VOL. 2037, Pg. 277 D.R.T.C.T. Q 457 Cd _it � Oh ET Q A 0/ �y Q Q FND TXDOT CONC. MOUMENT W/ — — — — —/S� BRASS DISK S 89'27'57"W 113*72' FND 1/2" IR W/CAP (*) co LEGEND: — COUNTY CLERK'S FILE NUMBER EXHIBIT "A" NUMBER DETENTION POND No.1 — VOLUME 1.023 ACRES / 44,570 S.F. — PAGE — POINT OF BEGINNING IN THE A.F. ALBRIGHT SURVEY ABSTRACT No. 1849, — POINT OF COMMENCING CITY OF FORT WORTH, TARRANT COUNTY, TEXAS — SQUARE FEET IRON ROD FOUND JULY, 2008 CAPPED IRON ROD SET OFFICIAL PUBLIC RECORDS, COLLIN CO, TEXAS DEED RECORDS, COLLIN CO, TEXAS SHEET 2 OF 4 E < 4 1 gIT .a., LEGAL DESCRIPTION DETENTION POND No.2 BEING a tract of land situated in the A.F. Albright Survey, Abstract No. 18491 Tarrant County, Texas and being a portion of a tract of land as described in a deed to Hartman-RPC, LLC, a limited liability company, as recorded in Document Number D208207492, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found marking the intersection of a north line of a 75 foot Texas Electric Service Company Easement as recorded in Volume 2037, Page 277, Deed Records, Tarrant County, Texas, and the westerly Right -of -Way line of North Main Street (variable width Right -of --Way), said point being the southeast corner of said Hartman-RPC, LLC tract; THENCE, South 89°27'S7" West, along the common line between said Texas Electric Service Company Easement and Hartman-RPC, LLC tract, a distance of 1245.05 feet to a 1/2 inch iron rod found marking the southwest corner of said Hartman-RPC, LLC tract; THENCE, North 00°19'34" West, a distance of 178.99 feet to a point; THENCE, North 78°53'47" East, a distance of 25.45 feet to the POINT OF BEGINNING and the westerly southwest corner of the herein described private drainage and detention easement; THENCE, North 00°19'34" West, a distance of 121.55 feet to a point for corner; THENCE, North 44050' 15" East, a distance of 5.64 feet to a point for corner; THENCE, North 89°40'26"East, a distance of 41.21 feet to a point for corner; THENCE, South 30032303" East, a distance of 77.38 feet the point of curvature for a curve to the left; THENCE, Southeasterly, a distance of 125.66 feet along the arc of said curve, having a radius of 120.00 feet, a central angle of 60°00'00" and a chord whichbears South 60°32'03" East, a distance of 120.00 feet to the point of tangency of said curve; THENCE, North 89°27'57" East, a distance of 72.85 feet to a point for corner; THENCE, South 30032'03" East, a distance of 50.86 feet to a point for corner; THENCE, South 87002'09" West, a distance of 57.18 feet to a point for corner; THENCE, North 81052152" West, a distance of 218.91 feet to a point for comer; THENCE, North 41006' 13" West, a distance of 20.00 feet to the POINT OF BEGINNING and containing a computed area of 0.454 acres (19,795 square feet) of land. The Bases of Bearings for this description is based on the Texas State Plane Coordinate system for the North Central Zone (NAD 1983). o,� � eee�ag000nogysie{/eeee,:eee a oo�s. ome�►�o e• 4a.10i4f. J:�FIELD NOTE DESCRIPTIONS�AC 181 area 2 Legal Description.doc Page 3 of 4 WATER BOARD D.R.T.C.T. P.O.B. N78653'47 25.45' PRIVATE STORM DRAIN EASMENT BY PLAT w rn ai 3 r7 o) 0 0 FND CCFNo. N0. VOL. P G. P.O.B. P.O.C. S.F. IRF CIRS O.P.R.C.C.T D.R.C.C.T. TRI-TECH DFU Z, SURVEYING COMPANYL.P WVW, SURVEYINGCOMPANY.COM 2825 Exchange Blvd., Suite 104 Phone: (817) 442-5511 Southlake,Texas 76092-9152 Fax: (817) 416-9198 HARTMAN NORTH N��� MAIN STREET ° ADDITION °°®°°°°®° °f °n•o•e •°•e• ALLEN L. 'REWSTER LOT 1 4054 .":�`''�; BLOCK 1 Hartman—RPC, LLC, a limited liability company, 41,21'/ N8s"E recorded in Document Number D208207492, / 1.21 LP Deed Records, Tarrant County, Texas. 0 50 100 4 1173 r' / i oj.000, DETENTION POND No.2 F / / v � cn � �000p\, / 41 &, 4 '125.66' N89'27'57"E S 89027'57" W 1106.82' c'p�a 0 00 72 5 kP 'SEWER � 15R EASMENT BY PLAT 1 oo•`�Ly o' S 89'2T57" W 1101.370 /_ so ` N81052' W .�. � �<v 202.11 218'g1 APPROXIMATE CENTERLINE 57,18' LONE STAR GAS EASEMENT S87602'09"W VOLUME 2958, PAGE 571 / 2S D.R.T.C.T. 6 rn _ — FND TXDOT CONC, 15' SEWER APPROXIMATE LOCATION — _ Q EASEMENT IONE STAR GAS FASBRASS DISK FMFNT � ' - � T BY PLAT VOLUME 2282, PAGE 352 ISO BRASS 15' D.R.T.C.T.---------- 30WATER MAIN EASEMENT 75 TEXAS ELECTRIC SERVICE /� VOL. COMPANg. 277 P•0•C• ��63 AF n VOL. 17432, Pg. 334 D.R.T.C.T. FND 5 8 IR D.R.T.C.T. h LEGEND: — COUNTY CLERK'S FILE NUMBER EXHIBIT "A" NUMBER DETENTION POND No.2 VOLUME 0.454 ACRES / 19,795 S.F. PAGE POINT OF BEGINNING IN THE A.F. ALBRIGHT SURVEY ABSTRACT No. 1849, POINT OF COMMENCING CITY OF FORT WORTH, TARRANT COUNTY, TEXAS SQUARE FEET IRON ROD FOUND JULY, 2008 CAPPED IRON ROD SET OFFICIAL PUBLIC RECORDS, COLLIN CO, TEXAS DEED RECORDS, COLLIN CO, TEXAS SHEET 4 OF 4 pp Liso bd K% d HARTMAN NORTH MAIN FORT WORTH, TEXAS GRADING PLAN I \\ t�A\\lRl«(iRKRR'�tR�GN"tFi«RR[TtR'�RICV LTI- TENANTPPCILITY 1 \I \ 24,000 Srt\ l Adams ENGINEERING ssrwox.�: s�ue,iwxwl. Nm� I/ HARTMAN NORTH MAIN FORT WORTH, TEXAS GRADING PLAN I \\ t�A\\lRl«(iRKRR'�tR�GN"tFi«RR[TtR'�RICV LTI- TENANTPPCILITY 1 \I \ 24,000 Srt\ l Adams ENGINEERING ssrwox.�: s�ue,iwxwl. Nm� I/ Exhibit "C" CITY OF FORT WORTH STORM WATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted every 6 months. • A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system 's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. STORM WATER FACILITY MAINTENANCE AGREEMENT 8 Rev. 01/09/2007 Exhibit Storm Water Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in pond Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip - STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev. 01 /09/2007 Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. o1/O9/2007 10 Biggt y — 1 x oolW3A ■ 7e5,51' 5 f•y.' k 8 rJ i fi ` 6 Fi it IM Rig b�SIR 5 i f ? ie3 �a {fir I lot i9RE ;p° E S3 i= ' k t§ II b 1 3 a o" � � � �� ��ia �• n �y aa"• ''t � '8 & Coo 9e : T.NmTO.I' III 9�2f sot. 4 C� 8 y yt e r G 4 1. sfl' s og$�s sao o� h s �,----------------g '� c_ Go 346'0 Fg� US "WY SI ! 2d7 US 0I^2W f�ff ^ � £R R e ;P n.P YA :R A ;A sR R-„ xo € n Sx� 5 �n E P^' 3: s- 8.= eS's : s - a' :v. = 6y > S e 4' IRS ., . e -.ge �$ :$ .e faor HE D:pv ' co __ 3 pp 91 n �; `a I B 4 W, J E sf q g 'r i'n i R 3 N 2pF'zo? 4 r am eg$a _�:F 'z e _ Sp $e on "at " ryZy C7� 3 0�3 g 3 a es Pa =eae 2 on 5 - E. g ss ga 2g I sAM tEli o€s Sad sfax' a' g �s asp :s b 1 m V 0 Pp3a2z co :� eII: ss-u 0.• o B a $} 5. _s4 oF m �D _€sSs aq3 - e^ 3;SN y 9s s!e SaP 2 C�-� Z sL $b�e-� 3=o5 B; 4 3 .� - L`' `;i - _ s` a a� e':° ya yaa I m z�y�D ,o �4 0=$ s s :"= s ae = $ - e" i� ma A. Z Z S. l o €ga v =si ge." - a _ yq y ti m-Zia�� -� �^s P> �= a Qa �°• mD�i (n e - - p •^a S�' --ems b 1 nN �'-i e r Y Y • eP` y y P o C�O � •• R Aso s s 'e a.=- s� : = w o 3' n� 1� �CaYZfm g S �Go `; $o S _ $ e= pg .y rTl o Sc . • '¢ �➢ c -r go 33nT c� MCI B�! y V �m p �n as c ; 3i s`P =•1 : i F = gas S ' Ib $ 3,ax . `T-g E. o 2 C e^ �Y JEM t_9 go go go m9q61 °o fbey b y e �4" 4m oR to $ irg �.la $q _ 3 i; ZI0 am 1S R� £se e4' Me Page 1 of 1 Mayor and Council Communication DATE: Tuesday, October 21, 2008 LOG NAME: 20TOM S MACKIE REFERENCE NO.: **C-23138 SUBJECT: Authorize Execution of One Storm Water Facility Maintenance Agreement from Tom S. Mackie for Property Located North of Northwest Loop 820 and South of Longhorn Road in North Fort Worth ,a� _ ,,.. ,� _�_.� � �� � r r, , . RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement from Tom S. Mackie for property located north of Northwest Loop 820 and South of Longhorn road in north Fort Worth. DISCUSSION: The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of two detention pond facilities by the owner, Tom S, Mackie. The maintenance of these facilities shall occur at no expense to the City of Fort Worth. The detention ponds will serve the Hartman North Main Street Addition. The facilities are necessary to limit storm water run-off generated in the subdivision to pre -developed conditions, and to reduce the possibility of flooding to residents downstream of the watershed. The facilities are located north of Northwest Loop 820 and south of Longhorn Road in north Fort Worth. The facilities are located in COUNCIL DISTRICT 7, Mapsco 48E. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by' Originating Department Head: Additional Information Contact: Fernando Costa (8476) A. Douglas Rademaker (6157) Jill Griffin (6253) http://www. fortworthgov. org/council�acketlReports/mc�rint. asp 10/21 /2008 lrWl9 ID LNV • It IN•' �I��'I li I