HomeMy WebLinkAbout06185Reception 1179469
07/30/1997
ORDINANCE NO. 6185
AN ORDINANCE APPROVING THE PLAT OF WILLS COMMERCIAL
PARK FILING NO 2 SUBDIVISION
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Wills Commercial Park Filing No. 2 Subdivision, being a subdivision
of land legally described as follows:
All of Lots 1 through 7, both inclusive, Block 1 in G and D Park Sub-
division First Filing, according to the recorded plat thereof field
for record February 5, 1975 AND all of the vacated Frontage Road
and vacated Olive Street and vacated 36th Street adjacent thereto,
containing 12.773 acres,
is hereby approved; and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on said plat
are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage ease-
ments, public sites, parks and open spaces by the City does not obligate the City to maintain
or repair same until such streets, rights -of -ways utility and drainage easements, public sites,
parks and open spaces have been constructed and installed in compliance and in accordance
with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances,
as amended and any agreement entered into pursuant thereto.
Book: 3021 Page: 516 Chris C. Munoz
Page: 2 of 2 Pueblo Co.C1k.&Rec.
SECTION 3.
This ordinance shall be effective immediately upon final passage and approval.
r1 J
ATTEST "`''"
y Clerk
INTRODUCED March 24 5 1997
By Fay B. Kastelic
Councilperson
r w
APPROVED 4/fie �'f/ --
President of the Council
2/24/97
Reception 1179471
07/30/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of _
eta , of 199, by and between the CITY OF PUEBLO, a
Municipal Corporation, hereinafter referred to as "City ", and W.A.
Wills, Jr. and Lee Wills, as individuals, hereinafter referred to
as "Subdivider ".
W I T N E S E T H:
WHEREAS, Subdivider has subdivided or is about to subdivide a
certain tract of land located in the City and legally described as
set forth in Exhibit "A ", which is attached hereto and incorporated
herein; and
WHEREAS, the Subdivider, as a condition of approval of the
final plat of WILLS COMMERCIAL PARK, FILING NO. 2 wishes to enter
into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the 1971 Code of Ordinances; and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(1)
of the 1971 Code of Ordinances of the City to construct and install
certain public improvements as set forth in Exhibit "B ", which is
attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of
ordinances Subdivider is obligated to provide security or
collateral sufficient in the judgment of the City Council to make
reasonable provisions for the construction and completion of the
required public improvements set forth in Exhibit "B ".
NOW THEREFORE, in consideration of the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days
after application for a building permit to construct any building
or structure on any building site within the subdivision, or upon
the issuance of a certificate of occupancy for any such building or
structure, whichever is sooner, to construct and install at his
sole cost and expense all of those public improvements set forth in
Exhibit "B ", which is attached hereto and incorporated herein.
2. In lieu of installing the required public improvements set
forth in Exhibit "B: within one hundred eighty (180) days,
Subdivider or any subsequent owner of the land or any portion
thereof shall deposit cash or other collateral with the Director of
Finance of the City, or with any bank or trust company licensed in
the State of Colorado, subject to an escrow agreement approved by
the City Attorney. The holder of such cash or collateral shall pay
all or any portion thereof to the City upon demand after the time
for completion of all required improvements by Subdivider or
subsequent owner shall have expired. Such deposit or escrow
agreement shall be hereinafter referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's
Director of Public Works by estimating the total costs of all
uncompleted improvements required by this section within the block
at the time application for building permit is made. The amount of
the deposit required by this alternative shall be not less than 25%
of such estimate plus the costs of extending all required sewer and
water lines from the nearest existing sewer and water lines to the
proposed building site for which a building permit is sought, plus
improvements of a like nature whichever is nearer to the proposed
building site. In any case where the block, as hereinafter
defined, shall exceed one thousand (1,000) feet in length between
intersecting streets, the estimate of the City Director of Public
Works under this paragraph may be reduced to the total costs of all
uncompleted improvements in at least one -half of such block, and
the required deposit shall be based upon such decreased estimate,
M
-1-
Book: 3021 Page: 519 Chris C. Munoz
Page: 2 of 6 Pueblo Co.Clk. &Rec.
provided, however, Subdivider shall undertake to provide a
turnaround of at least sixty (60 feet in diameter at the mid -
block point and barricade said streets so that no through traffic
shall be permitted beyond the point to which the estimate of the
Director of Public Works is based.
4. Within one hundred eighty (180) days after subsequent
application for a building permit to construct any building or
structure upon any building site within the block, or upon the
issuance of a certificate of occupancy for any such building or
structure, whichever is sooner, Subdivider shall likewise deposit
an amount not less than the estimate of the Director of Public
Works for all required improvements from existing improvements to
the proposed building site, less any previous deposits made
hereunder upon building sites lying between the most recently
proposed site and existing improvement.
5. The City may treat the amount of such deposit as a debt
due the City from Subdivider or subsequent owner, which debt shall
be a lien upon all the land in the Subdivision and notice of lien
may be filed for record in the office of the County Clerk and
Recorder at any time after such default. Action upon such debt may
be instituted by the City within six (6) years from the date of
filing such lien for record. All remedies provided for herein are
cumulative and the use of one shall not prohibit the use of
another.
6. Upon payment of each such deposit, the City Director of
Public Works shall release the proposed building site from the
terms of this Agreement.
7. As a condition of approval of this Subdivision, and to
meet the requirements of Section 12- 4 -7(J) of the 1971 Code of
Ordinances, Subdivider specifically agrees that no certificate of
occupancy shall be issued by the Pueblo Regional Building
Department until a certificate of compliance has been approved and
issued by the City Director of Public Works and duly recorded in
the Office of the Pueblo County Clerk and Recorder which certifies
that those public improvements set forth in Exhibit "B ", or that
portion of said improvements as shall be necessary to totally serve
specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered by a
particular certificate of compliance, have been properly designed,
engineered, constructed, and accepted as meeting the specifications
and standards of the City.
These restrictions on the issuance of certificates of
occupancy shall run with the land and shall extend to and be
binding upon the heirs, executors, legal representatives,
successors and assigns of Subdivider and may be specifically
enforced by the City.
8. Acceptance of this Subdivision by the City does not
constitute an acceptance of the roads, park, and other public
improvements for maintenance by the City. Until such roads and
other park and public improvements have been installed and meet the
requirements, standards, and specifications of the City, its
Subdivision ordinances, and any applicable Parks Department
specifications, and such are specifically approved and accepted in
writing by the City Director of Public Works, and, if appropriate,
the City director of Parks and Recreation, the maintenance,
construction, and all other matters pertaining to or affecting said
roads, park and other public improvements and rights of way are the
sole responsibility of the Subdivider or any subsequent owner(s) of
the land within this Subdivision.
9. The required time for completion of all such improvements
by Subdivider within such block shall be one (1) year from the date
of application for the first building permit issued within such
block. Upon completion and written approval and acceptance of such
improvements within the required time and the payment of all
inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of Subdivider relating to such improvements
within such block to be released. If said improvements are not
completed within the required time, the City Director of Public
Works may cause the proceeds of all deposits or other collateral or
-2-
Book: 3021 Page: 520 Chris C. Munoz
Pa 3 of 6 Pueblo Co.C1k.&Rec.
monies in escrow to be used to complete the same. If sufficient
monies are available at the end of the required time to complete
all such improvements herein required for the entire length of such
block, the Director of Public Works shall cause all collateral or
monies in escrow to be reduced in cash and shall deposit the same
with the Director of Finance and such cash shall be used to
complete that portion of the improvements the Director of Public
Works shall determine. Until all improvements are completed and
approved by the Director of Public Works, Subdivider and the
subdivided land shall remain liable and responsible therefor.
10. For purposes of this Agreement, the word "block" shall
mean both tiers of lots fronting or abutting upon the street which
the proposed building or structure shall front to the rear property
line of such lots, or the center line of the alley, if there is an
alley, enclosed at either end by a street which intersects both
tiers of lots, and shall include the full width of all streets upon
which such lots abut.
11. Subdivider agrees to provide the City with a current title
insurance commitment at the time of final platting evidencing that
fee simple title of all lands in the Subdivision is totally vested
with the Subdivider free and clear of any and all encumbrances. If
such land is not free and clear, the holder of such indebtedness
shall subordinate its interest or encumbrance to this Agreement and
all its terms, conditions, and restrictions.
12. It is mutually agreed that the City or any purchaser of
any lot(s) within this Subdivision shall have the authority to
bring an action in any Court of competent jurisdiction to compel
the enforcement of this Agreement or any amendment thereto. Such
authority shall include the right to compel rescission of any sale,
conveyance, or transfer of any lot(s) or tract(s) contrary to the
provisions of the Ordinances of the City or this Agreement.
13. The parties hereto mutually agree that this Agreement may
be amended from time to time by mutual consent provided that such
amendment be in writing and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the
successors and assigns of the City and upon the heirs,
administrators, executors, successors, assigns, and legal
representatives of Subdivider, and shall be placed on record in the
office of the County Clerk and Recorder Pueblo County, Colorado,
and shall constitute an agreement running with the land until
released as hereinabove set forth.
-3-
Book: 3021 Page: 521 Chris C. Munoz
Page: 4 of 6 Pueblo Co.Clk. &Rec.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed and attested by its duly authorized and acting
officers and the seal of the Subdivider set hereon.
By
By
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
day of 1'1 , 199, by W.A. Wills, Jr. and Lee Wills
aka Lee R. Wills, Subdivider.
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The regoing instrument was ackn wledged bore me this,2 F4
day of 199, by
as Presid t f City Council, and as
City Clerk of the City of Pueblo, Colorado.
""' -My commission expires:
rte' Not
LU. i ` - Add
APP K0 , AS TO FORM:
Cit orney
Public c�'��
-4-
Lee Wills aka Lee R. Wills
emission
expires:l��� - � ° ���
Y ,
Notary Public
Address: Ia5 E.
RAMOINVIA
L
�,,�.�I�,
W
o
CITY OF PUEBLO, a Municipal Corporation
+ C► "
rip'
by
esidelk
of the Council
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The regoing instrument was ackn wledged bore me this,2 F4
day of 199, by
as Presid t f City Council, and as
City Clerk of the City of Pueblo, Colorado.
""' -My commission expires:
rte' Not
LU. i ` - Add
APP K0 , AS TO FORM:
Cit orney
Public c�'��
-4-
Lee Wills aka Lee R. Wills
Book: 3021 Page: 522 Chris C. Munoz
Page: 5 of 6 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
All of Lots 1 through 7, both inclusive, Block 1 in G and D Park
Subdivision First Filing, according to the recorded plat thereof
filed for record February 5, 1975 AND all of the vacated Frontage
Road and vacated Olive Street and vacated 36th Street adjacent
thereto.
Containing 12.773 acres.
9404502.200
—5—
Book: 3021 Page: 523 Chris C. Munoz
Page: 6 of 6 Pueblo Co.Clk. &Rec.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WILLS COMMERCIAL PARK, FILING NO. 2
DEVELOPER: W.A. WILLS, JR. AND LEE WILLS
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
ITEM QUANTITY PRICE TOTAL
STREETS: KACHINA PLACE
6" STANDARD CURB AND
GUTTER
927
LF
@
$7.80 /LF =
$7,191.00
ASPHALT 7"
1
EA
@
$16.00 /EA =
$1,600.00
FULL DEPTH
1813
SY
@
$14.80 /SY =
$26,832.00
WATER
7.5
CY
@
$50.00 /CY =
$375.00
6 PVC WATERMAIN
385
LF
@
$29.22/LF =
$11,250.00
16" PVC WATERMAIN
600
LF
@
$29.22/LF =
$17,532.00
WATER SERVICE
1
EA
@
$640 /EA =
$640.00
SANITARY SEWER
SANITARY SEWER SERVICE
1
EA
@
$765/EA =
$765.00
BARRICADES
FIXED TYPE III BARRICADE
1
EA
@
$1,620 /EA =
$1,620.00
WITH WING RAILS L =36'
PLUS WING RAILS
TYPE III BARRICADE L =16'
1
EA
@
$800 /EA =
$800.00
STORM SEWER
19" X 30" CL IV RP
127
LF
@
$59.00 /LF =
$7,493.00
TYPE 1 —B MANHOLE
1
EA
@
$16.00 /EA =
$1,600.00
DROP INLET
1
EA
@
$2,600 /EA =
$1,620.00
RIP RAP
7.5
CY
@
$50.00 /CY =
$375.00
15" CL IV RCP
24
LF
@
$27.00 /LF =
$648.00
STREET LIGHTS
1
EA
@
$1,300 /EA =
$1,300.00
TOTALS
$79,666.00
THIS IS AN ESTIMATE ONLY. ACTUAL CONSTRUCTION MAY VARY.
THIS ESTIMATE MAY NOT INCLUDE ALL CONSTRUCTION COST.
PREPARED BY: A. RICKEY APRIL 15, 1997
FIRM: NORTHSTAR ENGI AND SURVEYING, INC.
REVIEWED BY: CJ.GE�Yt/I Ci tw_ 7 4 7
CITY OF PUEBLO DATE
c n "
9404502.201 —6—
Reception 1179472
07/30/1997
AMENDMENT TO GRANT OF EASEMENT
WHEREAS, W. A. WILLS, JR. and LEE R. WILLS, as individuals ( "Grantors "), executed a Grant of
Easement dated February 23, 1996, which was recorded March 15, 1996, in Book 2874 at Page 541 of the records
of the Clerk and Recorder of Pueblo County, Colorado (hereinafter referred to as the "Grant of Easement ");
WHEREAS, pursuant to said Grant of Easement, the Grantors granted and set aside an easement for storm
drainage detention purposes, as was described on Exhibit A attached to the Grant of Easement and made a part
thereof,
WHEREAS, Exhibit A contains an error in the legal description of said easement for storm drainage
detention purposes;
WHEREAS, the Grantors desire to amend the Grant of Easement to correct the said error in Exhibit A;
WHEREAS, all of the undersigned owners of the real property listed on Exhibit B to the Grant of Easement
consent to this Amendment;
NOW, THEREFORE, in consideration of mutual covenants contained herein, the undersigned parties agree
as follows:
Exhibit A to the said Grant of Easement shall be amended in its entirety to read as follows:
All of the storm drainage detention easement as platted in Lot I, Block 1 in
Wills Commercial Park, Filing No. 2, according to the recorded plat thereof in
Pueblo County, Colorado.
2. Except as otherwise amended hereby, the said Grant of Easement shall remain in full force and
effect.
3. This Amendment to the Grant of Easement shall be binding upon and shall inure to the benefit of
the parties, their heirs, personal representatives, successors, and assigns.
DATED: d �✓ "��
HARRINGTON & AMES, INC.
DEFERRED
/J BENEFIT PENSION PLAN
W. A. S, JR. ~ By: �, ` //%G j laje l.�
G. MICHAEL FASCIA, Trustee
LEE R. WILL R. . LTD. LIABILITY CO.
l � By:
�J
- � Manager
THOMAS' F RLEY
HIGH SQ AUTOPLEX, L.L.C.
BRET KELLY Vanag
STATE OF COLORADO )
)ss.
COUNTY OF EL PASO )
The foregoing instrument was acknowledged before me this 1 day of
1997, by W. A. WILLS, JR.
WITNESS MY HAND AND OFFICIAL SEAL.
i; My commission expires: 9 9
IC 1
r
ARY PUBLIC'
Book: 3021 Page: 525 Chris C. Munoz
STATE OF COLORADO
Page: 2 of 2 Pueblo Co.Clk.&Rec.
)
)ss.
COUNTY OF EL PASO )
The foregoing. instrument was acknowledged before me this day of
f 99T, - by LEE R- WILDS.
WITNESS MY HAND AND OFFICIAL SEAL.
'. y commission expires: /a
90t)kRYAPU IC
STATE OF ) Plai te
)ss. 2 N. Cast le, 5te.1000
COUNTY OF ) Carlo. upr (+C903 -1651
4 ''/21197
The foregoing instrument was acknowledged before me this 3 day of l' /1 /C 1997,
by G. MICHAEL FASCIA, Trustee of HARRINGTON & AMES,,INC. DEFINED BENEFIT PENSION PLAN.
WITNESS MY HAND AND OFFICIAL SEAL. r
My commission expires:
JANET F. A
_
Comm. # 1082095 ARY PUBLIC
• NOTARY PuBW - CAL i�oR
STATE OF COLORADO ) d Los Angeles County I1
,41FORN My Comm. Expires Dec. 1999-
)ss.
COUNTY OF Pg a -61,Z) )
The foregoing instrument wa ackno before me this 1 / ' day of 17)AX
19 as Manager of R.C.R. LTD. LIABILITY CO.
'.
41J S HAND AND OFFICIAL SEAL.
My comnyissi expires:
: ice, C� .
cn�
q j. ;` 0 NOTARY IftLIC
b� O >
o F GO )ss.
CO�c ° r th
The foregoing instrument was acknowledged before me this ff 4 day of / /��-F
1997, by. >._ l as Manager of HIGHWAY 50 AUTOPLEX, L.L.C.
Koss` AND AND OFFICIAL SEAL.
co 'N on pires: D I •- 2-6-0
NOTAR UBLICa�,
E- O )ss. s T
co
The foregoing instrument was acknowledged before me this day of ' A 1 t
s
1997, by THOMAS T. FAR-LEY. c� d
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: '
CO W l w't>
NOTARY PUBLIC
STATE OF COLORADO )
)ss.
COUNTY OF P���; L-0 )
-0 Myv c r Issio
1 O
r�..
0F.. co
instrument was acknowledged before me this �� �/f day of 1
Y.
]AND AND OFFICIAL SEAL.
expires: D / - - - >G •` D
NOTARY BLIC
0
Reception 1179473
07/30/1997
AMENDMENT TO DECLARATION OF COVENANTS
CONCERNING DRAINAGE AND DETENTION
EASEMENTS FOR WILLS COMMERCIAL PARK
This Amendment is made and entered into this C3 120 day of 1997, by W. A.
WILLS, JR., LEE R. WILLS, HARRINGTON & AMES, INC. DEFINED BENEFIT PENSION PLAN, R.C.R. LTD.
LIABILITY CO., HIGHWAY 50 AUTOPLEX, L.L.C., THOMAS T. FARLEY, and BRET KELLY.
WITNESSETH:
WHEREAS, the Declaration of Covenants Concerning Drainage and Detention Easements for Wills
Commercial Park (hereinafter "Declaration ") was made on February 23, 1996, by W. A. WILLS, JR. and LEE IZ.
WILLS, as owners and developers ( "Declarant ");
WHEREAS, said Declaration was recorded on March 15, 1996, in Book 2874 at Page 537 of the records
of the Clerk and Recorder of Pueblo County, Colorado;
WHEREAS, attached to the said Declaration and made a part thereof was Exhibit A, which contained the
legal description of the storm drainage detention basin easement;
WHEREAS, it has been discovered that there is an error in the legal description in said Exhibit A and that
the said Exhibit A needs to be amended to correct said error;
NOW, THEREFORE, in consideration of mutual covenants contained herein, the parties agree as follows:
Exhibit A to the Declaration shall be amended in its entirety to read as follows:
All of the storm drainage detention easement as platted in Lot 1, Block I in
Wills Commercial Park, Filing No. 2, according to the recorded plat thereof in
Pueblo County, Colorado.
The undersigned parties own all of the real property affected by said Declaration and Exhibit A.
As amended hereby, the Declaration will remain in full force and effect.
4. The provisions of this Amendment shall run with the land and shall be binding upon all parties and
all persons claiming under them.
IN WITNESS WHEREOF, the parties have set their hands and seals effective the day and year first above
written.
/-v 4,�
W. A. WILLS
/�.
LEE R. WILLS
I AL
THOMA T. FARLIEY
1 ti-)
BRET KELLY
HARRINGTON & AMES, INC.
DEFINED BENEFIT PENSION PLAN
By:
a(
_,<-j, U�
G. MICHAEL FASCIA, Trustee
R.C LTD. LIABIL TY CO.
By: r� Ile
Manager
i
HIGH A'Y 0 AUTOPLEX, L.L.C.
By: `
e
STATE OF COLORADO
)ss.
COUNTY OF EL PASO )
The foregoing instrument was acknowledged before me this day of --
1997, by W. A. WILLS, JR.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: 99
f
ARY PUBLIC „� m
Book: 3021 Page: 527 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
STATE OF COLORADO
)ss.
COUNTY OF EL PASO )
The foregoing instrument was acknowledged before me this �3 day of
1997, by LEE R. WILLS.
W TNESS,MY HAND AND OFFICIAL SEAL.
JAy commission expires: /Z-,?/-/f77
malr u Pla:vte N TARY UB
2 M CasC1 M 1000
STATE OF_1� /f ) C010 v js '_[3 0903 -1651
)ss. C u: >.c" _% : 12121/97
COUNTY OF "O,
The foregoing instrument was acknowledged before me this _ day of _� 1997,
by G. MICHAEL FASCIA, Trustee of HARRINGTON & AMES, INC. DEFI PENSION PLAN.
WITNESS MY HAND AND OFFICIAL SEAL. `
My commission expires: / Ir
JANET F. ATWOOD
Q Comm.# NOTARY 1082095 ARY UBLIC
o RY PUBLIC - CALIFORNIA
STATE OF COLORADO ) '+ Los Angeles county
L
a FoaN t4 Comm. Expires Dec. 29, 1999 -A ,-
)ss.
COUNTY OF PU 1 C )
re oing instrument w s acknowledged before me this 9f day of `���
19 �y i as Manager of R.C.R. LTD. LIABILITY CO.
'$ HAND AND OFFICIAL SEAL.
a My commissio expires: Off'— Z " D 1
`j'g•. A \ G.��4, 1 NOTAR PUBLIC
l✓ O )
o.F
00 )ss.
COU -f to >
The foregoing instrument was acknowledged before me this 187i� day of
1 _ f M ; L ep - (g on) as Manager of HIGHWAY 50 AUTOPLEX, L.L.C.
Q� '� Tvplyla Y HAND AND OFFICIAL SEAL.
My comhiiss n expires: 0
1 1 Typ
o �c-v� w . � • �t
cP�� � NOTAR UBLIC
DO )
O )ss.
CO OF G U )
A
The foregoing instrument was acknowledged before me this `�_ day of
1997, by THOMAS T. FARLEY.
IL 1
WITNESS MY HAND AND OFFICIAL SEAL. lI •`
My commission expires: q 9
NOTARY PUBLIC k
STATE OF COLORADO
)ss.
COUNTY OF Puc 6 )
The foregoing instrument was acknowledged before me this / 4r/_" of
1997 LY.
y comiss�lon
i
AND OFFICIAL SEAL.
i f I S r�
PL-� t-6, Q
glor))3
NOTARY BLIC
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