HomeMy WebLinkAboutContract 44651CDTY �������tY�l�l C�'�
COM'�� N�.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Cofnm�e�•cial
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorized City Manager or its duly designated Assistant City
Manager ("City") or Planning and Development Director, and Keystone Equity Partners,
LLC, hereinafter referred to as "Licensee", owner of the property located at 4490 Old
Decatur Road, Fort Worth, Texas 76106 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as (legal
description of property), an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in County Clerks Document No. 15441 or Volume and Page No. 37 of the Real
Property records of Tarrant County ("Prope��ty"); and
WHEREAS, the City has a 15 foot wide Sanita�y Se1ve�° Line easement (the
"Easement") in the property as shown on the map attached to this Agreement as Exhibit
"A" and incorporated herein; and
WHEREAS, Licensee desires to construct/place and maintain a Sa�zita�y Sewer
Line which will serve Big City Cf�uslzed Conc��ete (the "Encroachment") and which will
encroach onto the City's Easement as shown on the attached survey and only to the
extent shown thereon; and
WHEREAS, to accommodate the needs of the Licensee, the City will allow the
Encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below
and covenants and agreements hereinafter contained, to be kept and performed by the
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
portion of the City's Easement as desct•ibed in and at the location shown Exhibit A for the
purpose of co��st�•ucti�zg a sunitary seiver line to sef��e Big Cit�� Crtrshed Concrete (the
"Encroachment"). Upon completion of the Encroachment, Licensee agrees to be
responsible for maintaini ��- res and buildings within and above the
e� Ci=�flt4�fi�� 1������
2012 Easement Encroachment gx���� '�� C� I V�� (�' ( 2����y e 1 of 9
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Encroachment, Licensee agrees to be responsible for maintaining any and all structures
and buildings within and above the Easement. Licensee shall not expand or otherwise
cause the Encroachment to further infringe in or on the City's Easement beyond what is
specifically described in the exhibit(s) attached hereto.
�
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall comply and be performed in strict compliance
with the Charter, Ordinance and Codes of the City and in accordance with the directions
of the Director of the Transportation and Public Works Depai�tment or the Director of the
Water Department of City, or his duly authorized representative. Prior to the construction
of the Encroachment, Licensee shall submit all plans and specifications to the applicable
Director or his duly authorized representative. Licensee shall not commence construction
of the Encroachment until such approval shall be indicated in writing by the Director.
However, such approval shall not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation of such plans and specifications.
3.
Licensee agrees that City may enter and utilize the referenced areas at any time for
the purpose of installing, repairing, replacing or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public for any other
public purpose. City shall bear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from the Encroachment installed by Licensee, but
City will make reasonable effoi-ts to minimize such damage. In the event that any
installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction, maintenance or existence of the
Encroachment and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
2012 Easement Encroachment Agreement -Commercial Page 2 of 9
Works or the Director of the Water Department of the City, or his duly authorized
representative.
4.
In or•der to defray all costs of inspection and supervision which City has incurred
or will incur as a result of the construction, maintenance, inspection or management of
the encroachments and uses provided for by this Agreement, Licensee agrees to pay to
City at the time this Agreement is requested an application fee in the sum of Two
Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear
foot of the encroachment area.
5.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agt•eement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
6.
It is further understood and agreed upon between the parties hereto that the
easements to be used and encroached upon as described herein, are held by City as trustee
for the public; that City exercises such powers over the easement as have been delegated
to it by the Constitution of the State of Texas or by the Legislature; and that City cannot
contract away its duty and its legislative power to control the easement for the use and
benefit of the public. It is accordingly agreed that if the governing body of City may at
any time during the term hereof determine in its sole discretion to use or cause or permit
the right of way to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property for a office building or activities related thereto,
including but not being limited to underground, surface of overhead communication,
drainage, sanitary sewerage, transmission of natural or electricity, or any other public
2012 Easement Encroachment Agreement -Commercial Page 3 of 9
purpose, whether presently contemplated or not, that the parties agree to negotiate in good
faith in order to accommodate the Encroachment and the public purpose.
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSOl�TS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WI'I'H, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR
NOT CAUSED, IN WHOLE OR IN PART, BY 'I'HE NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES OF
THE CITY; AND LICENSEE H�REBY ASS�JMES ALL I.IABILITY AND
RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL
LIKEWISE ASSUME ALL LIABILITY AND RESPOI�ISIBILITY AND SHALL
INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY
PROPERTY ARISING OUT OF OR IN CONNECTION �VITH THE
ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
8.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance, naming City as certificate holder, as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit "A".
The amounts of such insurance shall be not less than the following:
$1,000,000 Commercial General Liability
2012 Easement Encroachment Agreement -Commercial Page 4 of 9
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Grantee of such requirement. Such insui�ance policy
shall provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as attached as Exhibit "B". Licensee agrees to submit
a similar Cei�tificate of Insurance annually to City on the anniversary date of the execution
of this Agreement.
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the city streets. All insurance coverage required herein shall include coverage of all
Licensees' contractors.
9.
Licensee agrees to deposit with the City when this Agreement is executed a
sufficient sum of money to be used to pay necessary fees to record this Encroachment on
Easement Agreement in its entirety in the deed records of Tanant County, Texas. After
being recorded, the original shall be returned to the City Secretary of the City of Foi�t
Worth, Texas.
10.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of said Encroachment and uses.
11.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
by this Agreement or by any federal, state or local statute, law or regulation.
2012 Easement Encroachment Agreement -Commercial Page 5 of 9
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, seivants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its ofiicers, agents,
servants, employees, contractors and subconti•actors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachment over or within
the described Easement and is not a conveyance of any right, title or interest in or to the
Easement nor is it meant to convey any right to use or occupy property in which a third
party may have an interest. Licensee agrees that it will obtain all necessary permission
before occupying such property.
14.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
15.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall
survive the termination of this Agreement.
2012 Easement Encroachment Agreement -Commercial
Page 6 of 9
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this contract without the written approval of City, and any
attempted assignment without such written approval should be void.
17.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
18.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this�l day of , 20�.
��
City
City of Fort Worth
:
RANDLE HARWOOD
DIRECTOR
PLANNING & DEVELOPMENT
<.�.���
ATTEST:
City Secre�ary
STATE OF TEXAS
As To Form and Legality
r4� v`•r
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,5�� $o oo°,� ��j� i � �
�� �p°°a0004°°� �� � �� � � ' � �� ' �� �� "`��
�������'. �'�'�Assistant City Attorney
Licensee:
Type Entity/Company name
Keystone Equity Partners, LLC
777 Main Street Suite 3100
Fort Worth, Texas 76102
BY: � r��
Z
Name: Thomas B. Blanton
Title: President
2012 Easement Encroachment Agreement -Commercial �F����'7�,�i���
CI'6°�' �E�RET TX
��'. lNOR�'�,
STATE OF TEXAS
COUNTY OF TARR.ANT
BEFORE ME, the undeisigned , ority, a� tary Public in and f r he State of
Texas, on this day personally appeared C �_ ,; �i�- - n to be
the person whose name is subscribed to the foregoing instrument, and acicnowledged to
me that he/she executed the same for the purposes and consideration therein expressed, as
the act and deed of the City of Fort Worth, and in the capacity therein stated.
�
LJNDER MY HAND AND SEAL OF OFFICE this ��� ��� day of
�
_, 20_�
CASSANDRA F. FOREMAN
Notary Public, State of Texas `
My Commiss►on Exptres � • G� � a '��,�
Aprfl 26, 2017 �/
� -_._ V
Notary Public in and for the State of Texas
2012 Easement Encroaclunent Agreement -Conuliercial Page 8 of 9
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Thomas B. Blanton, President , known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he/she executed the same for the purposes and consideration therein expressed,
as the act and deed of Keystone Equity Partners, LLC, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25'�' day of June,
2013.
Notary Public in and for the
State of Texas
�•aar �•i
,o�,, o¢'+�� MOSES PRESAS
;_: � �= Notary Public, StatQ of Texas
'�,;•. :�� MyCommissionExplres
�'".%;;°��;,'�,o� Aprll 22, 2017
2012 Easement Encroachment Agreement -Commercial Page 9 of 9
EXHIBIT A
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30' WIDE SANITARY
SEWER EASEMENT,
APPROX/MATE LOCAT/ON OF—
EX /2" SANITARY SEWER
Sla. I+00. 00 S. S. LINE ' S-2'
CORE /NTO EXIST/NG SSMH
W-184B9
!L 8' D.I.P. (IN) = 648.75
EX : 2 7S-' P���l�/7 =-��T. 7�
EX. K 21' PVC (OUT 1= 64 7. 67
RIM ELEV —657 76
i �
/ � /
/ �
/ �
/ �
(Field Ve�ify 1 �
N = 6986397.3630 �
E = 2314662.4000
�
�
Sla. 1+20. 00 S. S. L/NE ' S-2' �
BEGIN BORE PER GTY OF � I
FORT WORTH DETAILS Gj I
D203 B D204 / �
N = 6986406.7026 /� PO
E = 2314644.7165 �a A`���
Sla. I+85.00 S.S. LINE 'S-2' � R���S
END BORE PER CITY OF f
FORT WORTH DETAILS
D203 8 D204
N = 6986437.0582
E = 23l4587.24/6
PROPOSED l5 ' S. S. E. PER I
SEPERA TE INS TRUMENT �
Sla. 2+00.00 S.S. LINE "S-2' /
�
CONST. STD. 4' DIA. SSMH #tl o�`�
N = 6986444.0649
E = 23/4573.9753 �
RlM ELEV = 666.50
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KEYSTONE EQUITY
PARTNERS, L . L . C.
TRACT 82
VOL . 15441, PG. 37
o. R. r. c. r.
ENCRDACHMENT AREA = 152.06 SF�
y
s
2
3
GRAPHIC SCALE f"=40�
o ao ao so
NOTE r
STEEL CASING PIPE SHALL MEET
M/N/MUM REQUIREMENTS OF THE
MOST RECENT BNSF UTILITY
ACCOMMODATION POLICY. WATER
JETTlN6 1S NOT PERM/TTED.
gJ�'flI.flT"Y L�ERdD
—� PROPOSED SANITARY SEWER LINE
r�--.-�_r- PROPOSED SANITARY SEWER MANHOLE
PRIVATE RAILROAD SPUR
—rj— EXISTIN6 SANITARY SEWER LINE
�-^'v j— EXISTWG SANITARY SEWER MANHOLE
�va�vo ��y�v uc�vo�uu
e�) ey llb� 1Ce dy
_
; _ : , , , _ . . , , PROFll1f' SCAL1f'
:. � . . . .. ...: . . ....:. � : ; �. �. . :.� :�.. ' :. f Ho.;:onlolscole: I' = 40'
. . . ��:.� . � . . .. � . � Verficol Scde: l• = 4 ,
, , , ,_ � 8' D:: l P: SNALL
e�Ea ���,:: ' ': WITH PRO ECTO 401
, , ; , _, _ . .
+ 24' STE i CASIIVG Ml IMUM _-
Fx�srr,v�:�xouvo s s '. TN/CKNE�S �.31P_` fC A`TEtll ,;
` e r.�rvreAtn� qf- we ; : ,-. , r, Q. 375' lN011l=EOAT Q 1: ;, i 665
\ ;
� i
. . - . � � ��. / . � - �� \ . . � CONST.: STD. 4 ` D/A. SSAfI #J�• { � �_ �
. . . . / � < .. �. � - � R/M EiEV = 666. 6 . . i � . , . .. . ,.
:. . . . . � . .: � . � � _.. . . . . � . . � � �
/ : 3? � I.P E4' �
L
e S1 ���sr.." _ i 655
io.:r,e9: s.s: tR�£ •s-2*
. .. . �� �. . -� � . . : . EA�D 80R£ R G1'Y OF. � i . q�Jv /(5¶�� /�V q��v�[]��
' . : � � . . .. . .�_'. . - . . �'. -.. FOR1'�WOR NO£TAJCS :�.� � �ll�Llf �l.11ll ll 4..�1U►�111ll1G111�
: [ B' De� - 655.79 : �1..�1��1IUG ll 1li
s�o. r.zo:oo s.s: � -s-z• , IF�I��' @Y�l��, �IE?`�A�
sro: f�oo:oos.s, un,� • -2- :
D.O.E. #7028
- - �� � CORE MTO EXIST/NC SSh4N � � �� � FORT WORTH�pETAAS � � � �
.. �. PER CITY OFFORT WORT � D203 8 02D4 � ' . 645 �j jj�� /l
_ .. . ..� d�9' D1P IW1='651.31� . �. . •. . . . .
- � . � EX. .0 IB': PVC fW! = 64 .77 .. . �o�0 1Le11A�i1Ce ����6r��
� � EX ��C 2!' PVC lOUT 1�= 47.67 �� �
. . . R&N�-ELEV �=65T.76.:�� q . .. �. . . doew. , 10484 �q�� ,rna
. . : . ��lFieM Veiifyl m � � � ������ oae � uar. 2oi3 om
JNA
M
. . . . . . � . . . kak � AS SNOWN
CINL
�� i+oo i+so 2+00 .�....a..«...�. SHEET � ( oi I
- E� \WQB4\VWa\Bg tily Cruhed ConcrNe-Eiwodmnl E�h10ib.po T�e JW 09 16� 20�23 2013
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�`� � CERTIFICATE OF LIABILITY INSURANCE si28i2o�3""
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS :
CERTIFICATE DOES NOT AFFIRMATIVE�Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO�ICIES ,
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. '
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the` '
certificate holder in Iieu of such endorsement(s).
PRODUCER CONTACT BOriIIie ESh �
NAME:
Dexter & Company PHONe .(214) 526-5646 �X N:(214)526-6926
3601 Cedar Springs Rd. aooR�ess:besh�dexterinsurance.com
Dallas, TX 75219 iNciiRFRrc�eFFnan�ur.cnvFwer.F ue�c�e .
INSURED
Keystone Equity Partners, LLC
777 Main St., Suite 3100
Fort Worth, TX 76102
ni I
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: -
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS `
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP � �
LTR POLICY NUMBER MMIDDIYYYY MM/DD/YYYY � I.IMITS � �
GENERALLIABILITY EACHOCCURRENCE $ 1�000,000
X COMMERCIAL GENERAL LIABILITY �. �,. �... ��� ,�� � DAMAGE TO RENTED 1}i],OO O�OO
� PREMISES Ea occurrence $
A CIAiMS-MADE aOCCUR GD2700738 6/28/2013 6/28/2014' MEDEXP(Anyoneperson) $ ��5;000
X Contractual Liability ;�� ,���� PERSONAL&ADVINJURY $ -� 1�,OOOy00d
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY PR�� LOC
AUTOMOBILE LIABILITY
A ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED
AUTOS
X UMBRELLA LIAB OCCUR
A EXCESS LIAB CLAIMS-MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' IIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED? � N � %�
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
A Control of Well
A Pollution Legal LIability
� �- GENERALAGGREGATE $
� '� - PRODUCTS-COMP/OPAGG $
$
� ��� � GUM8INEU SINGLE LIMIT
Ea accident
�' � ` 80DILY INJURY (Per person) 3
700738 6/28/2013 6/28/2014 gODILYINJURY(Peraccident) $
PROPERTY DAMAGE �
Per accident
$
EACH OCCURRENCE $
AGGREGATE $
700512 6/28/2013 6/28/2014 Q
2;000;000
2,00O�OOa
10,000,00
10,000,00
E.l. EACH ACCIDENT � _
� E.L DISEASE - EA EMPLOYE u ' -
� � � � E.L. DISEASE - POLICY LIMIT $ � - � �
i ;
700564 6/28/2013 6/28/2014 $5mmDnlling $500CCC " "
s�Lf , �,�lii
70738 & JUD27000512 6/28/2013 6/28/2014 �,OOO,OOOeachocc 10,000i;Q:OQ
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additfonal Remarks Schedule, If more space fs required)
ExxisiT s
City of Fort Worth
1000 Throckmorton St
Fort Worth, TX 76102
ACORD 25 (2010/05)
INS025 r�n�nnF� m
,,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE �
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DE�IVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
IBob Carter/BONNIE
�O 1988�201 tl iAC�
The A!',f1R11 namn anrl innn aro reniefornrl mar4c nf A(:(1RIl
c�-_ -��-�..�- �� �
) CORPORATION. All rights reserVed:
.. . �(:' .iiJ �'