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Item D23 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 16, 2006 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: John W. King AGENDA ITEM WORDING: Approval of Lease Renewal with Independent Mortgage and Finance Company, Inc., for office space for the Technical Support staff of the 16th Judicial Circuit. ITEM BACKGROUND: On September 30, 2006 the current contract with Independent Mortgage and Finance Company, Inc. will end. PREVIOUS RELEVANT BOCC ACTION: On September 28, 2005 the current contract with Independent Mortgage and Finance Company, Inc. was approved. CONTRACT/AGREEMENT CHANGES: Total annual rent will increase from $16,200 to $17,010; (from $1,350.00/mo. to $1,417.50/mo.). The first renewal payment being due 30 days after the effective date and on the first day of each succeeding 30-day period. The lease renewal shall commence on September 30,2006, and expire on September 30,2007 STAFF RECOMMENDATIONS: Approval. TOTAL COST: $17,010.00 per year BUDGETED: Yes ~ No COST TO COUNTY: same SOURCE OF FUNDS: Judicial REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: C/)ent CFierce DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: July 26, 2006 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item ~ August 16, 2006 BOCC Meeting Key Largo - IMF On September 28, 2005 the current agreement with Independent Mortgage and Finance Company, Inc. was approved for office space for the Technical Support staff of the 16th Judicial Circuit. On September 30, 2006 the current contract with Independent Mortgage and Finance Company, Inc. will end. Facilities Maintenance was notified by Court Administration that they wanted to renew this agreement for the first of two one-year options. I hereby request approval of a Renewal Lease Agreement with Independent Mortgage and Finance Company, Inc., for office space for the Technical Support staff of the 16th Judicial Circuit. Total rent will increase from Sixteen Thousand Two Hundred and nolI 00 ($16,200.00) Dollars to Seventeen Thousand Ten and no/l00 ($17,010.00) Dollars, with the monthly payment increasing from One Thousand Three Hundred Fifty and no/l00 ($1,350.00) Dollars to One Thousand Four Hundred Seventeen and 501100 ($1,417.50) Dollars, plus Florida sales tax if applicable, the first renewal payment being due 30 days after the Effective Date and on the first day of each succeeding 30-day period. The lease renewal shall commence on September 30,2006, and will expire on September 30, 2007. JWK/j bw Enclosures II ~ \ \ INDEPENDENT ~ Licensed Mortgage Lender (305) 294-51U5 Phone (305) 294-5354 Facsimile info@KeysMortgages.com EMail www.KeysMortgages.com INDEPENDENT MORTGAGE & FINANCE (IMF) July 5,2006 John W. King, :-;r. Directo Lower Keys Operations County of Monroe 3583 So. Roosevelt Blvd Key West, PI. 33040 Re: Business Lease Unit #205, 16th Judicial Circuit This will acknowledge receipt of your notification that you are exercising the first one- year option on the rental of the space at 600 Whitehead St., Unit #205. In accordance with the lease agreement, the new rent for the period beginning September 30, 2006 through September 3D, 2007, will be seventeen thousand ten and no/l 00 dollars ($17,010.00) with the monthly payment being $1,417.50, plus Florida sales tax if applicable. RB7itE:- B G Carter Managing Director cc; Holly Elomina, Cowt Administration 600 Whitehead Street, Suite 201, Key West, FL 33040 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Independent Mortgage Contract #_ Effective Date: 09/30/06 Expiration Date: 09/30/07 Contract Purpose/Description: First renewal option to rent office space for the Technical Support Staff for the 16th Judicial Circuit Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 8/16/06 Agenda Deadline: 8/01/06 CONTRACT COSTS Total Dollar Value of Contract: $ 17,010.00 Budgeted? Yes[g] No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $-"yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed / /"Rcryiew5?1 Division Director YesD NoD ~ r--......-<-~ ~ <J I [}, . d--G c{)t; o. . ./Pure X;g ~ YeSDNO~ ~ County Attorney .,/J.,,/oep YesD No' yfalf~U} t;:~RI 2 Comments: OI\1B Form Revised 2/27/01 MCP #2 BUSINESS LEASE RENEWAL (Unit 205, Jackson Square Courthouse Condominium) THIS BUSINESS LEASE RENEWAL is made and entered into this day of -' 2006, between INDEPENDENT MORTGAGE AND FINANCE COMPANY, INC., a Florida corporation (hereinafter Owner or Lessor) party of the first part; and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida (hereinafter Tenant or Lessee). party of the second part, in order to renew the lease between the parties dated September 28, 2005 (a copy of which is incorporated hereto by reference); as follows: 1. Pursuant to PART ONE, Item 3 of the Business Lease dated September 28, 2005, Tenant has given to OWNER written notice prior to June 30, 2006 of its intention to exercise the first of two one-year options to renew the business lease, and agrees to pay a five percent (5%) increase in base rent Owner has agreed to the first renewal option. 2. Total rent will increase from Sixteen Thousand Two Hundred and no/100 ($16,200.00) Dollars to Seventeen Thousand Ten and no/100 ($17,010.00) Dollars, with the monthly payment increasing from One Thousand Three Hundred Fifty and no/IOO ($1,350.00) Dollars to One Thousand Four Hundred Seventeen and 50/100 ($1,417.50) Dollars, plus Florida sales tax if applicable, the first renewal payment being due 30 days after the Effective Date and on the first day of each succeeding 30-day period. 3. The lease renewal shall commence on September 30. 2006, and will expire on September 30, 2007. 4. In all other respects, the original Business Lease dated September 28, 2005 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year :first written above. >- w 2: -. lr~ o oU: I- U. (j) I- itness: f- <{ I- <:( Q.. 0 '" ~ ~ ~ & eat) 8 ~ ~ ai g~ ttest: Danny 1. KoIhage, Clerk W 0 l' ~ ~l... o a: ,! - "'I">j 0:0... ~t:~~ :z ll.. 1i z -'" o <{,~ ~ y: ~ <(2 <V Deputy Clerk o LESSOR: INDEPENDENT MORTGAGE AND FINANCE CO., INC. By: (Seal) TENANT: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman BUSIINESS~' ;.{i o.-{./ This Agreement, entered into this y of September 2005~ between INDEPENDENT MORTGAGE AND FINANCE COMPANY, lNe., a Florida coIpOI1ltion (hereinafter Owner or Lessor) party of the first part; and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida (hereinafter Tenant or Lessee). party of the second part. WITNESSETH PART ONE That the Lessor does lease unto Lessee professional office space upon the following conditions: 1. The leased space, know as Unit 205, is identified in the attached Exhibit A, and is leased for the exclusive benefit of the 16th Judicial Circuit and the Monroe Board of County Commissioners. 2. Owner discloses that all units, including Unit 205, of the property commonly known as 600 Whitehead Street are being converted into a condominium to be called JACKSON SQUARE COURlHOUSE CONDOMINIUM A full legal description of the property is found in attached ExhtOit B. . 3. Provided that tenant has complied with all conditions of the lease, lessor grants two successive one-year options. To exercise tenant shall give written notice by June 30~ 200() for first exercise. and June 30, 2007 for the second exercise. and shall agree to pay a five percent (5%) increase in base rent over the previous year's base rent. 4. The term is for twelve montbs~ beginning on the 3Uh day of September, AD 2005 ("The Effective Datej and ending on the same day in September 2006. 5. The total rent is sixteen thousand, two hundred dollars ($16,200), plus Florida sale's tax, if applicablt; payable in 12 equal monthly installments of $1,350. the first payment being due 30 days after the Effective Date and on the first day of each ~ 30-day period 6. Rent is delinquent if not received by Lessor within ten (10) days of its due date. A five percent (5%) late charge shall apply if paid later than ten (10) days from the due date. If not paid within fifteen (15) days of the due date, the Lessee shall be in default under tenus of this lease. 7. Utilities to be furnished by the Lessor as Lessor's cost during normal office hours are electricity for ordinary office use and air-conditioning. water for restIOOm use, and sewer. In addition. Lessor shall pay for cleaning of common areas (restrooms, haJlway~ elevator, and stairs). Normal office hours are Monday through Friday (except holidays observed by Monroe County) from 8:30 am. to 5:00 p.m. 8. Lessor agrees at Lessor's expense to have installed new wall-to-wall carpet in the Unit prior to the effective date of this lease. 9. Lessee shall be responsible for cleaning its own office area and for disposal of the solid waste it produces. 10. Use of the premises is restricted to office space for Monroe County. 11. Lessor waives demand for a security deposit :from. Lessee. PART TWO The following express stipulations and conditions are made a part of this lease and are hereby assented to by the Jessee: FIRST: The lessee shall not assign this lease, nor sub-let the ~~ or any part thereof nor use the same, or any part thereot nor permit 1he ~ or any part theJ:oot; to be used for any other pmpose than as above stipulated, nor make any alterations therein, and all additions thereto, without the written consent oftbe Lessor. Lessor agrees that the right to sublet will not be umeasouably witbheId; however, Lessor reserves the right to approve a tnmsfer of 'the Jease and this approval will require a verification of the sulrlessee's credit. All additions, fixtures or improvements which may be made by lessee, shall become the property oftbe Lessor and remain upon the premises as a part thereof: and be surrendeml with the premises at the ~i1lAtion of this lease. SECOND: All personal property placed or moved in the premises above described shall be at the risk of the lessee or owner thereof; and Lessor sbaU not be 6able for any damSlge to said personal property, or to the lessee arising from the bursting or 1~1cing of water pi~ or ftom any act of negligence of any co-tenant or occupants of the building or of any other person whomsoever. TmRD: That the tenant shall promptly execute and comply with all statutes, orrlinSln~ roIes, orders, regulations and requirements of the FedemI~ State and City Govermnent and of any and all their Dep&twents and Bureaus apptiatble t said premises, for the correction, prevention, and abatanent of nuisances or other griev8llCeS; in, upon, or connected with said premises during said tenD; and sbaIl also promptly comply with and execute all rules, onlers and regulations of the applicable fire prevention codes for the prevention of fires. FOUR1H: In the event the premises shalI be destroyed or so damaged by fire or other casualty during the life of this agreement, whereby the same sbal1 be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety days tberefrom. If the damage was caused by this Lessee, whether through negligence or its ~ then rent shall not be abated and Lessee shall be liable for the damages. If the damage or destruction was not caused by this Lessee, whether said premises are not rendered tenan1able within said time, it shall be optional with either party hereto to cancel this lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. FIFTII: The prompt payment of the rent for said premises upon the dates ~ and the fiUthfuI observance of this Lease are the conditions upon which the Lease is made and accepted and, failure on 1he part of the Lessee to comply with the terms of said Lease shall, at Lessor.s option, work a forfeiture afthis con1ract and of all oflessee.s rights hereunder. SIX1H: If the lessee shaU abandon or vacate said premises before the end of the tenD. of this lease, or shaJl suffer the rent to be in mears, the lessor may, at his optio~ forthwith cancel this lease or he may enter said premises as the agent of the lessee, without being liable in any way therefore, and :re-Iet the premj~ with or widlout any furniture and equipment that may be ~ as the ageat of1he lessee, at such price and upon such terms and for such duration of time as the lessor may determine, and m:eive 1he rent theref'oJ:e, applying the same to 1he payment of the rent due by these presents, and if the full rental herein provided shaD not be ~lj~ by lessor over and above the expenses to lessor in such re-Ietting, the said Jessee shall pay any deficiency, and if more that the full rental is reall7P.d lessor will pay over to said lessee the excess on demand. SEVENTH: Lessee agrees to pay the cost of collection and ten pereent aUomey's fee on any part of said reutal that may be collected by suit or by attomey, after the same is past due. BIOlITH: The lessor, or any of his agents, upon twenty-four (24) hotD'S notice;. shall have the right to enter said premises during aD reasonable hours.. to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereot;, or of said building, or to exhibit said premises, and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of 1bis lease. The right of entIy shall likewise exist for the purpose of removing placards, si~ fixtures, alterations, or additions; which do not conform to this agreement or to the rules and regulations of the building. NINTH: Lessee hereby accepts the premises in the condition that they are in at the begjnning of this lease and agrees to maintain said premises in the same conditio~ order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said lessor immediately upon deznan<L any damage to water appara:bJs, or electric lights Of any fixture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of 1~ or of any person or persons in the employ or under the control of the lessee. TENTH: It is expressly agreed and understood by and between the parties to this agreemen4 that the landlord shall not be liable for any d~e or injury by water, which may be ~ioed by the said tenant or other person or for any other damage or injmy resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents, or employ~ or by reason of the breakage, leakage, or obstruction of the water~ sewer or soil pipes, or other leakage in or about the said building. However~ Lessor holds Lessee bam1less for any damage to the premises by reason of blockage of sewer or public water. ELEVENIH: This contract shall bind the lessor and its assigns or successors, and the heiIs, assigns, peISODaI represen1atives, or successors as the case may be, of the lessee. TWEIFllI: It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. nDRTEENTI:I: It is understood and agreed between the parties hereto that written notice by certified mail or baud-levered to the pemi~ leased hereuud<< sball constitute sufficient notice to the lessee and written notice by certified mail or Jlaod.. delivered to the office of the lessor sbal1 constitute sufficient notice to the lessor, to comply with the terms oftbis contract. FOURTEENTII: The rights of the lessor under the foregoing shall be cumulative, and fuilure on the part of the lessor to exercise promptly any rights given hereunder shall not operate for forfeit any of the said rights. FIFTEENIH: It is ftn1her understood and agreed between the parties hereto that any charges against the lease by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing tmder this contract shall be considered as rent due and sbaII be included in any lien for rent due and unpaid. SlXTEEN1H: It is understood and agreed that nay signs or advertising to be used, including awnings, in conn.ection with the premi!ieS leased hereunder shall be first submitted to the lessor for approval and further approved by H.A.RC. before installation of same. Further, any improvements to said premises by the Jessee shall be at lessee's expense and shaJI be first submitted to the lessor for approval. SEVENTEENTH:RADON GAS NOTIFICATION: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to person's health who are exposed to it over time. Levels of radon that exceed federal and state guideliDes have been found in buildings in. Florida. Additional infonnaUon reganfing radon and radon testing may be obtained from your county public health unit. EIGHTEENTH: Lesssee acknowledges that it is self-insured. as a political subdivision of the State of Florida and shaD treat the Lessor as an additional insured if suit for liability be brought against Lessee for its operations and alleged negligence at the premises"'but only to the extent allowed by law. NINE1EENTII: LESSOR;S REMEDIES ON DEFAULT. Iflessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions of this agreement, lessor may give lessee notice of such defuult and if lessee does not cure any rent, or additional rent, defiwJt within fifteen (15) da~ after the giving of such notice (or if such other defuult is of such nature 1hat it cannot be completely cmed with such peri~ if lessee does not commence such dming within such fifteen (15) days and thereafter proceed with reasonable diligeDc:e and in good fuith cure such defimIt), then lessor may temrinate this lease on not less than ten days' notice to lessee and the lessee sball have die option to remove all equipmeo~ tables, and furniture. TWENTIETH: SUBORDINATION OF LEASE. This lease sball be subject and subordinate to all underlying leases and to mortgages aud 1Iust deeds which may now or hereafter affect such 1eases on the real property of which 'the pI'P."1;~ foon a part, and also to all renewals, ~ consolidations, and repl.aceInmts of the underlying leases and 1he mortgage and 1nJst deeds. Further, Lessee acknowledges that this Unit 205 (along with all other units in the property) is being converted into the JACKSON SQUARE COURmOUSE CONDOMINRJM. Lessee irrevocable names Lessor its attomey-in-fi:tct for the execution of any subordination and attornment agreements; however, if xequested by owner or lender, Lessee pledges to execute any additioual documents provided such docwnents mAintain his right of non-dist:urbanoo during the tenn of the Lease as long as lessee is not in defim1t TWENTY-FIRST: ETHICS CLAUSE. Lessor (entity) wammts that it had not employed, retained or othenvise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of 0nJinance No. 010- 1990 or any other Coun1y officer or employee in violation of Section 3 or 0Idinance No. 020-1990. For breach or violation of this provision the County may~ in its discretiOD; terminate this contract without liability and may aIso~ in its discretion, deduct fiom the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. TWENTY-SECOND: PUBLIC ENTI1Y CRIME STAlEMENT. "'A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity" may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcont:mctor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold aJDOlmt provided in Section 287.017. for CATEGORY TWO for a period of 36 months from the date of being placed on 1he convicted vendor list." TWENTY-THIRD: After the first year, this lease may be tenninm-ed by the lessee upon written ninety (90) days notice to the Lessor that the lessee bas obtained adequate office space in a government building. TWENTY-FOUR1H: The obligations of d1e Lessee under this Lease Agreement are subject to the availabili1y of funds lawfuJIy appropriated JmnlJslly for its purposes" by the Monroe Co1ll11J Board ofCoumy Commi~onem. IN WITNESS WHEREOF, the parties have executed this iDstrmnent. (Seal) Attest: LESSOR INDEPENDENT MORTGAGE AND FINANCE CO., INC. ;..-- ~~~.. 1.1'l'\l!l'l~ DY1~ B.G. Carter, Mmagjng Director (Seal) At;teSt:. D8ltny L. Kolhage, Clerk TENANT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA \,~,"_L~,-\: ~ ~~~~ Deputy Clerk ,,;:;~ >n ~ Mayor/Chainnan MONROE COUNTY AlTORNEV ",PPR yen AS TO FORM: l , ..,..L . 1 '" ~'/)' .' \t ' j;'~~.<-- ~ JACKSON SQUARE COURTHOUSE 2ND FLOOR PLAN Ex h i h /-C-- If WHITEHEAD STREET IOTE: DJMENSIONS ~ 6" lCkson Squam Courthouse o VVhitehead Street Key West FL. 33040 CONDOMINIUM SURVEY 05-146 .~W --~ r.~ --.",: SHeET 7 OF tot FREDERICK H. HILDEBRANDT EI'IGlNEER PI.JI\HtER $UIWEVOR 3152 NocIIldIfo DoM ~~1 tee, Wl!$f. R 33040 (305) 2!Q.OoC66 F.., (305) 2Q3.0231 ~---- OJraZ/o~ FoRl 1%:37 FAX 3D' %D4 S354 tAT " lXF WlOO:lo - JACKSON SQUARE COURTHOUSE LEGAL DESCRIPTION Eilibi-c 15 On the Island of Key West. Monroe County. Rondo, and known on the map of said City of Key West. delineated in Februcl')'. A.D.. 1829. by William A. Whitehead as . Part of lot Number Two (2). in Square Number Sixty-Threo (63) gnd more particularly described 0$ commencing at the Southerly comer Of SouthGrd Street on<! Whitehead Street.. and running thence Southeasterly along the South~ side of Whiteheod Street Fifty (50) feet:; thence at rig'flt angles In 0 Southwesterly direction Sbdy.fJwo (62) feet; thence at right angles in a 'Northwesterfy direction Fifty (50) feet to the Southeosterty side of Southord street; tfience running NortMasterly olong the said Southeasterly side of Southard Street Sixty- Two (62) feet to the Place of Beginning. lESS On the lslond of J<ey West, Mon~ Colm:ty. FiotidG. end known on the fMP of said City of Key West. delineated in february. AD.. 1829. by WiUiom A. Whiteheod os Port of lot 2. in Square 63 and more portieulorly desa'ibed as commenc;ing.at the Southeffy comer cf SouthoTd Street tmd Whitehead St~ and running thence ~~rly Qlong the Southwesteriy side of Whiteheod Street: 50 feet: thence at rioght angles in a Southwesterly direction 61 feet to the Point of Beginning of the .pcln;el hereinafter described: thence continue Southeostetiy one toot; thence at ~ht angles in a Northwesterly direction Fifty (50) teet to the Southeasterly side .01 Southard Street: thence running Northeasterly Gfong the sGid Soothecsterfy side 'of Southard street one foot; thenQe crt light Qngfes in 0 Southeasterly direction SO feet to the Point of Beginning. Subject to Oft eaaemeAt for ingress and egress along the ~.side of said I>~ described OS foUow9: On the Isfand of Key w.est. Monroe cOunty. fIorido. and known on the map'of-sdid City of Key West. delineotod In FebnI01y. A.D., 18%9 by W'lfIio'rn A. W61tehecd as Part of .lot 2. in Square 63. ond more particuJarly descrlbed os commencing at the Southerly comer of Southard Street and Whitehead Street, ond running ~ Southecsterly clong the Southw~y side of Whitehead Street 50 feet; thence at right angles in a Scuthwastetfy dlt"ecl:ion 61,0 feet; thence at .right ongfes in 0 Ncrthwesterfy direction 6.0 feet to the Point of Beginning; thence continue Northwesterly on the westerly boundary rme of soid property (I distance of 44.0 feet to a point on the Southerly right 'of way of Southard Sb'eet: thence at ri9ht angles in 0 Northeasterly direction on the Southerly right of way of Southard Street 0 cflStance of 5.3 f~ thenee (It right angles in c Southeasterly cf'1feCtion along the Westerly face Of (! two-story building a distance of .44.0 feet; tnence at right angles in Q Southwesterly direction Q distance of 5.3 feet bock to the Point of Beginning. SHEET 130F 14 ackson $quam Courthouse to Whi1ehead Stree! Key West FL 33040 CONDOMINIUM SURVEY ~1'46 ISle 1"1et 10' I .... I~_"". - -_ cau: *'3l23I05 I 11rl-6--11 r-- I( ROAd-'" -.s___ FREDERICK H. HILDEBRANDT ENGINEEA fII..AHtIER SUlI.VI!YClft :J~NlIII1P$e DoWe SlIiIe 201 Kay w.t. R. 33041) QQ$!~ F.. I305J 293.o2S1 -----