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229789ORIGINAL TO CITY CLERK f PRESENTED BY COMMISSIONS CITY OF ST. PAUL OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM 229789 FILE FILE NO. NO. WHEREAS, SPH Hotel Company, a Minnesota corporation, hereinafter called SPH, has acquired a parcel of property in Block 23, City of Saint Paul, commonly referred to as "Saint Paul Proper" between Wabasha Street and Cedar Street abutting Kellogg Boulevard; and WHEREAS, SPH Hotel Company has caused plans and specifi- cations to be prepared for a business building and appurtenant vehicular parking ramp, hereinafter referred to as SPH building, or merely ramp as the context requires, which plans and specifi- cations were duly approved by the City Architect and has caused to be let a contract for the construction of said SPH building and ramp, which SPH building and ramp are to be used for hotel purposes; and WHEREAS, the ground floor plan of said SPH building and ramp is designed to be convenient and accessible for guests and business invitees of said hotel with as little disturbance to general pedestrian and vehicular traffic as possible, which design calls for a vehicle driveway to one entrance of the SPH building located easterly of the east curb line of Wabasha Street and a vehicular entrance to the ramp which will require a relocation of the public sidewalk to be at various places entirely within the building line of said SPH building and ramp and a narrowing of the public sidewalk on Kellogg Boulevard to allow a widening of Kellogg Boulevard for street purposes adjacent to the SPH building entrances on Kellogg Boulevard, as illustrated in the drawing labeled "Exhibit A" attached hereto and made a part hereof for the purpose of illustrating courses, angles, distance, building lines and curb lines; and WHEREAS, SPH has requested permission to construct and reconstruct the s dewalks, curbs, and new street surfaces in accordant w't e design illustrated on Exhibit A; and F A VED COUNCILMEN Asst. Corporation Counsel Yeas Carlson Dalglish Holland Meredith Peterson Tedesco Nays Mr. President, Byrne In Favor A gainst Adopted by the Council 19—. Approved 19— Mayor zz 2 `778 a Page 2. WHEREAS, the Council of the City of Saint Paul, after due consideration, has found and determined and does hereby find and determine that the said design and construction would be for a public purpose and in the furtherance of the public peace, health, safety, and general welfare, and that the same shall be effective subject to the provisions, terms, conditions, and reservations hereinafter set forth' therefore be it RESOLVED, upon and pursuant to said request by SPH Hotel Company, SPH be allowed, authorized, and permitted to change the sidewalk configurations and to locate tire bumpers or metal discs, and to deed to the City of Saint Paul, for public sidewalk purposes, the portion of property along Wabasha Street hereinafter described, all upon the following provisions, terms,conditions, e�- and reservations: 1. That SPH, its successors and assigns, by an effective Deed of Easement approved by the City's Corporation Counsel, shall grant or cause to be granted unto said City a public easement to the height of ten (10) feet measured to an elevation above the surface of the same for the City's construction, maintenance, and use of a public sidewalk therein with a surface elevation approximately that comparable to the established grade of said section of Wabasha Street to which it is immediately adjacent upon and over the following described tract or parcel of land lying and being in said City of Saint Pauli County of Ramsey, State of Minnesota, to -wit: Beginning at the south -west corner of Block 23, City of St. Paul, commonly referred to as: "St. Paul Proper ", said beginning point also being the inter- section of the east line of Wabasha Street and the north line of Kellogg Boulevard., proceed in a northerly direction along the east line of Wabasha Street a distance of 21.99 feet to a point; thence right 44009'3:5" to a line which forms the tangent of a curve with a 25.0 foot radius (Delta Angle 43013'05 ") for 18.86 feet along the curve to a point; thence proceed northerly for a distance of 52.32 feet to a point; thence deflect to the left on a curve with'a 29.5 foot radius (Delta Angle 36037') for 18.85 feet; thence deflect to the right on a curve with a 12.0 foot radius (Delta Angle 35040t30 ") for 7.47 feet; 22,789 Page 3. thence proceed in a northerly direction along the east line of Wabasha Street a distance of 38.78 feet to a point; thence deflect to the right on a curve with a 4.0 foot radius (Delta Angle 90056130 ") for 6.35 feet; thence left 900 for a distance of 40.01 feet to a point, thence left 900 for a distance of 2.92 feet to a point; thence deflect to the right on a curve with a 12.0 foot radius (Delta Angle 8035'36 ") for 1.80 feet; thence right 80027'54" along the east line of Wabasha Street a distance of 22.65 feet to a point; thence right 89046' for a distance of 23.03 feet to a point; thence right 89017'30" for a distance of 85.06 feet to a point, thence right 900 for a distance of 3.0 feet to a point; thence left 900 for a distance of 136.56 feet to a point; thence right 900 for a distance of 11.15 feet to a point; thence left 900 for a distance of 2.0 feet to a point, thence right 900 for a distance of 5.19 feet to the point of beginning; being part of Block 23, City of St. Paul, (In accordance with an act of the Legislature, approved February 14, 1866) commonly referred to as "St. Paul Proper "; that the exercise of said public sidewalk easement shall be deferred until the construction of said SPH building and ramp shall be completed. 2. That the said public sidewalk easement above described shall be granted in perpetuity, subject to the pertinent provisions for termination of the same hereinafter set forth. That -the aforesaid described public sidewalk easement shall be further subject to the right to be reserved to SPH, its successors and assigns, for the installation and maintenance witinthe areas of said public sidewalk easement of columns and other foundation structures for the support of said SPH building and ramp thereon constructed according to the plans and specifications for said proposed SPH building and appurtenant vehicular parking ramp conformable to the City's building code prepared by a registered architect retained therefor by SPH, its successors or assigns, and submitted to and approved by the City Architect. That, nevertheless, no such installation or maintenance of any such column or other foundation structure therein, shall substantially interfere with the City's use of the public sidewalk easement for public sidewalk purposes. 22,789 Page 4. 3. That SPH, for itself, its successors and assigns, shall file a written covenant with the City Clerk whereunder and whereby SPH, its successors and assigns, shall be obligated to reimburse fully the City on account of any costs and expenses necessarily incurred by the City for the construction of the public sidewalk within the areas of said public sidewalk easement and within the area of the public sidewalk as narrowed between Wabasha Street and Cedar Street. 4. That, nevertheless, under the Deed of Easement whereby SPH, its successors or assigns, shall convey unto the City the hereinabove described public sidewalk easement, provisions shall be made for the reservation of an option by SPH, its successors and assigns, for the termination of the said public sidewalk easement subject to and in consideration of the effective release, surrender, cancellation or reassign- ment by SPH, its'successors and assigns, of any and all permits or claim of right for the location, construction and maintenance of any overhang, marquee or canopy and for the location, construc- tion, maintenance and use of wheel stops or discs affixed to the street surface and of any.dominant, exclusive private or restrictive use in, upon,'and over the follow ng described tract or.parcel of land lying and being in the City of,Saint Paul, County of Ramsey, State of Minnesota, to -wit: r Commencing for the purpose of establishing the point of beginning, at the south -west corner of Block 23, City of St. Paul, commonly referred to as: "St. Paul Proper ", proceed in a northerly direction along the east line of Wabasha Street a distance of 6.82 feet to a point; thence to the left 900 for a distance of 10.0 feet to a point, which is the point of beginning; thence proceed in a northerly direction along a line rl�, which is parallel to the east line of Wabasha Street for a distance of 205.90 feet to a point; thence deflect to the right to a curve with a 12.0 foot radius`(Delta Angle 8002715411) for 18.19 feet to a point; thence proceed in a southerly direction along the east line of Wabasha Street a distance of 178.88 feet to a point; thence right 440091 35*) for a distance of 9.49 feet to a point; thence deflect to the left on a curve with a 12.0 foot radius (Delta Angle 44009'35 ") for 9.25 feet to the point of beginning; 229789 Page 5. being located immediately adjacent and west of the east line of Block 23, City of St. Paul, (In accordance with an act of the Legislature, approved February 14, 1866) commonly referred to as "St. Paul-Proper"; and ~� Commencing for the purpose of .establishing ' the point of beginning at the south -west corner of Block 23, City of St. Paul, commonly referred to as: "St. Paul Proper ", proceed in an easterly direction along the north line of Kellogg Boulevard a distance of 32.67 feet to a point; thence right 900for a distance of 18.0 feet to a point, which is the point of beginning; thence proceed in an easterly direction along a line which is parallel to the north line of Kellogg Boulevard for a distance of 260.07 feet to a point; thence deflect -to the left in a north - westerly direction on a curve with a 12.0 foot radius (Delta Angle 450) for 10.17 feet to a point; thence deflect to the left on a curve with a radius of 12.0 feet (Delta Angle 450) for 10.17 feet to a point; thence proceed in a westerly direction along a line which is parallel to the north line of Kellogg Boulevard for a distance of 246.07 feet to a point; thence deflect to the left on a curve with a 12.0 foot radius (Delta Angle 450) for 10.17 feet to a point; thence deflect to the right on a curve with a 12.0 foot radius (Delta Angle 450) for 10.17 feet to the point of beginning; being located adjacent and south of the south line of Block 23, City of St. Paul, (In accordance with an act of the Legislature, approved February 14, 1866), commonly referred to as "St. Paul Proper "; y and the wrecking and removal therefrom of all structures then located thereon or overhanging thereon and the construction and reconstruction of all public sidewalks, pavements and street improvements necessary for the restoration of the last described areas to accommodate its use for public street purposes subject to the approval of the City's Commissioner of Public Works, at the cost and expense of SPH, its successors or assigns, provided nn 7,89 49 Page 6. that no such termination shall be effective unless and until SPH, its successors or assigns, shall have given written notice to the Council of said City of its election to exercise such option, and shall have filed a counterpart of said written notice in the office of the Registrar of Titles in and for Ramsey County, Minnesota, and shall have fully performed the aforesaid additional conditions precedent in respect of such termination, viz: file ` the and d Wrecking and removal therefrom of all structures then located thereon or overhanging thereon located within, on or upon or over the last above described tracts or.parcels of land and the construction and reconstruction of all public sidewalks, pavements, and street improve- ments therein necessary for the construction, reconstruction or restoration of the same for public street uses and purposes as aforesaid; and b. Delivery of the effective release, surrender, cancellation or reassignment by SPH, its successors or assigns, of any and all permits or claim of right for the location, construction, -use or maintenance of any overhang, marquee or canopy and for the location, construction, maintenance and use of wheel stops or discs affixed to the street surface and of any dominant, exclusive, private or restrictive use in, upon and over the tracts or parcels last above described. 5. That SPH, its successors and assigns, shall make .and', their written covenant in the office of the City Clerk "6i::,' City of Saint Paul whereunder and whereby SPH, its successors assigns, shall be bound unto the City as follows: a. During the period of the aforesaid public sidewalk easement and the maintenance of public sidewalks therein, SPH, its successors or assigns, at its own cost and expense, shall provide and maintain adequate illumina- tion of the surface of such sidewalks. __�r 229'89 Page 7. b. During the ..period that said public side- walk easement shall remain in effect and during the period of maintenance of the ramp appurtenant to said SPH building, SPH, its successors or assigns, at their own cost and expense, shall procure and maintain compre- hensive general liability insurance coverage, under policies of insurance approved by the City's Corporation Counsel, whereunder and whereby the City, as an insured, shall be protected, held harmless and fully indemnified by the insurer from and against all liability or liabilities on account of all claims and damages for injury to person or property occurring within or contiguous to said public sidewalk easement or ramp area and on account of all claims and damages for injury to person or property occurring within or con- tiguous to the modified sidewalk area and street surface on Kellogg Boulevard between Wabasha Street and Cedar Street, and on Wabasha Street between the curb line as normally extended and the building line, such insurance coverage to be in the following minimum amounts: i. $150,000 for injury or death &O any one person; ii. $500,000 for injuries or deathto more than one person in any one occurrence; iii. $25,000 for damage to property in any one occurrence; and shall furnish a copy of the policy or policies to the City. To effect the aforesaid protection to the City, SPH, its successors or assigns, may cause such insurance to be made apart of their comprehensive general liability insurance coverage. Page 8. c. During the period that any ramp and SPH building shall hereafter be constructed or maintained is in existence, SPH, its successors and assigns, shall permit the City to affix street lighting devices to the ramp and the SPH building adjacent to Wabasha Street, Cedar Street, and Kellogg Boulevard and to wire the same. d. That during the period of said public sidewalk easement provided to be granted by SPH to the City, and during the period that the street surface shall extend into ' the area between the curb lines and the property lines, SPH, its successors and assigns, shall permit the City to install and maintain electric wiring beneath the surface of said sections of Wabasha Street and Kellogg Boulevard for public street lighting, communication, and traffic control purposes. 229789 78 9 e. That in the event that subsequent to the establishment of the sidewalk easement and the widening of the street surface between the curb lines and the property lines, it shall become necessary for the City or any public authority to condemn for public street or highway purposes, by proceedings in eminent domain, or to take as a matter of right any greater portion of the dedicated public righticfray for street or highway purposes,-no award of damages or assessment of- damages nor compensation shall become payable therefor- by the condemnor or the City for any structures placed on the street surface between the curb line and the building line nor shall there,be any compensation 22,789 Page 9. payable or assessment of damages allowed for loss of use of the sections of street between the curb line and the building line, nor shall there be any assessment of damage or award of damage or compensation payable by the condemnor or the City for any consequential loss of the permit or claim of right for the location, construction and maintenance of any overhang, marquee or canopy or for the location, construction, maintenance and use of wheel stops or discs affixed to the street surface or of any dominant, exclusive, private or restrictive use in, upon or over the parcels of land last above described. f. That this resolution for the provisions, terms, and conditions of the same in the aforesaid written covenant of SPH, its successors and assigns; shall be binding upon and inure to the benefit of the City of Saint Paul and SPH, its successors and assigns,that the same shall inure to the benefit of the County of Ramsey, State of Minnesota, and the United States of America in the particulars aforesaid and as their several interests shall appear and that the same shall run with the land. g. That said written covenant on the part of SPH, its successors or assigns, shall be subject to approval by the Corporation Counsel of the City. 6. That SPH, its successors and assigns, shall be obli- gated to hold harmless and indemnify fully said City of Saint Paul from and against all liability or liabilities on account of any and all claims of any third person or persons, for the recovery of money damages or of other nature which shall arise 22,9789 Page 10. 4 therefrom or be connected with the configuration of the public sidewalk and street surface and the particular use by SPH, its successors and assigns, of the areas between the curb lines normally extended and the property line of SPH. 7. That SPH, for itself, its successors and assigns, within the thirty (30) days next after the official publication of this resolution, shall accept this resolution and agree to be bound unto said City according to the provisions, terms and conditions of the same, under and by a written instrument of acceptance to be executed by SPH in two counterparts in recordable form approved by said Corporation Counsel and delivered to and filed with the City Clerk of the City of Saint Paul. 8. That each reference hereinabove contained concerning any future condemnation and taking of said section of Wabasha Street and said section of Kellogg Boulevard subject to the particular use by SPH, its successors and assigns, by the City of Saint Paul, County of Ramsey, State of Minnesota, or the United States of America coupled with provisions in the nature of restrictions and limitations upon the award of damages, the assessment of damages and the compensation to become and be payable by the condemnor therefor and in the nature of restrictions and limitations upon the character of the damages on account of which compensation shall become payable by the condemnor, shall be construed and deemed to have application in each instance to any such future condemnation and taking by any such Governmental authority under the power of eminent domain of the land subject to particular use by SPH, its successors and assigns, which is embraced in this resolution, and shall be construed and deemed, among other things, to provide effectively for the exclusion and to exclude effectively from the award of damages, assessment of damages, and compensa- tion to become payable therefor by the condemnor any item or items of damage, depreciation, or loss in respect of any then improvements on such condemned or taken tract of land or any then improvement of the portion of Lot 23, City of Saint Paul, occupied by SPH, its successors and assigns, or in respect of said Block 23, Saint Paul Proper, owned or controlled by SPH, its successors or assigns, directly or consequentially attribut- able to such condemnation and taking. 22,9789 Page 11. 9. That, nevertheless, under the Deed of Easement whereby SPH, its successors or assigns, shall convey unto the City of Saint Paul the hereinabove described public sidewalk easement, provisions shall be made for the reser- vation of an option by SPH, its successors and assigns, for the termination of said public sidewalk easement upon and in the event of the condemnation and taking by public authority under power of eminent domain for public street or public highway purposes for all or any part of said tract or parcels described in Paragraph 4 hereof in which SPH, its successors or assigns, may have a use peculiar to it along and upon Wabash Street and Kellogg Boulevard, subject to the _ proviso that in case such condemnation and taking shall cover and embrace only those portions of Wabasha Street and Kellogg Boulevard described in Paragraph 4 hereof subject to a use peculiar to SPH, its successors or assigns, no such termina- tion of any such public sidewalk easement shall become effective in the exercise of any such reserve option unless and until SPH, its successors or assigns, shall have given written notice to the Council of said City of their election to exercise such option and shall have filed a counterpart of said written notice in the Office of the Registrar of Titles in and for Ramsey County, Minnesota; and subject to the further proviso that in case such condemnation and taking shall cover and embrace merely a part as distinguished from the whole of the portions of Kellogg Boulevard and Wabasha Street subject to a use peculiar to SPH, no such termination of any such public sidewalk easement shall become effective in the exercise of any such reserve option unless and until SPH, its successors or assigns, shall -have given written notice to the Council of said City of their election to exercise such option and shall have filed a counterpart of said written notice in the Office of the Registrar of Titles in and for Ramsey County, Minnesota, and shall have fully performed the following additional conditions precedent to any such termination: a: The wrecking and removal therefrom of all structures then located thereon or overhanging thereon located within, on, upon or over tracts or parcels of land described in Paragraph 4 VRIGINAL TO CITY CLERK 229789 CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE _ Page 12. ' hereof and the construction and reconstruction of all public sidewalks, pavements, and street improvements therein necessary for the construc- tion, reconstruction or restoration of the same for public street use and purposes as aforesaidy subject to the approval of the Commissioner of Public Works and at the cost and expense of SPH, its successors and assigns; and b.. The effective grant by deed of conveyance, release, surrender, cancellation or reassignment of any and all permits or claim of right for the location, construction, use or maintenance of any overhang, marquee or canopy and for the location, construction, maintenance and use of wheel stops or discs affixed to the street surface and any dominant, exclusive, private or restrictive use in, upon and over the tracts or parcels of land described in Paragraph 4 hereof. n COUNCILMEN Yeas . Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President, Byrne AUG 121966 Adopted by the Council 19- AUG 121966 pproved 19- r In Favor 0 Mayor Against PUBLISHED AUG 2 01966 Paz Ang, 12, 1966. Mr. Judd S. rMulallys _ r Attorney at Laws - ,� .707 Degree of Honor Bldg. St. Paul, Minn. Dear Sir: _ Enclosed is•a copy of a luti C: F. 229789; - adopted August 12th. 1966 giving car horizations to SPH Hotesl Compaeny, subject t twin amd conditions as More fully set out in the 1 your apeaific attention to -the requt a 'of c nts be filed with the City Clerk's office nd also to be re►quirenents for, insurances and further the requir nt of an acceptance of � - the terms and conditio f the rat ion to be filed within thirty days after the o al Pv ati,on of this resolution. very truly yourse Y - . - AO/hp City Clark S PH HOTEL COMPANY 707 DEGREE OF HONOR BUILDING SAINT PAUL, MINNESOTA SSIOI MILTON H. ALTMAN SECRETARY AND GENERAL COUNSEL August 17, 1966 City Clerk City of Saint Paul Court House Saint Paul, Minnesota 55102 Dear Sir: TELEPHONE 612- 224 -6471 We hereby accept the terms and provisions of Council File No.. 229789, which was adopted by the Saint Paul City Coun- cil on August 12, 1966. Very truly yours, SPH HOTEL COMPANY �T i ✓_I Milton H. Altman Its Secretary THE SAINT PAUL HILTON HOTEL OPENING IN 1966 SAMUEL LIPSCHULTZ (1894 -1960) MILTON H. ALTM ^N JAMES H. GERAGHTY JUDD S. MULALLY. HONNEN S. WEISS KENNETH M. SCHADECK RALPH E. KOENIG JAMES M. CORUM SYDNEY C. BERDE COUNSEL ALTMAN, GERAGHTY & MULALLY ATTORNEYS AND COUNSELLORS AT LAW 707 DEGREE OF HONOR BUILDING ST. PAUL,MINNESOTA 55101 224 -5471 August 31, 1966 City Clerk City of Saint Paul 386 City Hall Saint Paul, Minnesota 55102 Attention: Albert B. Olson Re: Council File No. 229789 Dear Sir: Enclosed please Mind a copy of a letter to myself from Marsh & McLennan relative to the liability insurance coverage on the property covered by the above resolution. As soon as I have received the certificate of insurance, I will forward it to you. Yours very truly, udd S. Mulally for ALTMAN,, GERAGHTY & MULALLY JS Mtdmf Enclosure Mr. Judd S. Mullally, Attorney Altman, Geraghty & Mullally 707 Degree of Honor Building St. Paul, Minnesota 55101 Dear Mr. Mullally: Re: SPH Hotel Company Thank you very much for your telephone call this morning. As I ex- plained to you, I sent a copy of your letter, including a copy of the Covenant and Agreement which you included with your letter per- taining to the SPH Hotel Company's agreement with the City of St. Paul, to Mr. Lifka of our Chicago office. - I asked Mr. Lifka to name as an additional insured, the City of St.Pau1 on the Public Liability policy carried in the Travelers Insurance Com- pany on behalf of your hotel company. I wish to confirm that this cov- erage is in effect, and you may use this letter as such confirmation. I shall ask Mr. Lifka for a specific Certificate of Insurance to be sent to you as soon as possible. Sincerely, 1 E. R. Firmine Vice President ml cc :J.Lifka ESTABLISHED 1871 ° 12/•7671 CHICAGO SAN FRANCISCO INCORPORATED NEW YORK MINNEAPOLIS DETROIT LOS ANGELES ]INSURANCE BOSTON SEATTLE TORONTO ST. LOUIS W -1201 FIRST NATIONAL BANIC BUILDING PITTSBURGH MONTREAL VANCOUVER DULUTH INDIANAPOLIS ST. PAUL 6AI NT PAUL, MINN. 66101 BUFFALO PORTLAND ATLANTA PHOENIX NEW ORLEANS CALGARY CLEVELAND ' ' MILWAUKEE OAKLAND TULSA MIAMI SAN DIEGO LONDON CHARLESTON /� August 30, 1966 CARACAS EDMONTON KALAMAZOO •Y RACUEE 'PHILADELPHIA ' RICHMOND WINNIPEG , Mr. Judd S. Mullally, Attorney Altman, Geraghty & Mullally 707 Degree of Honor Building St. Paul, Minnesota 55101 Dear Mr. Mullally: Re: SPH Hotel Company Thank you very much for your telephone call this morning. As I ex- plained to you, I sent a copy of your letter, including a copy of the Covenant and Agreement which you included with your letter per- taining to the SPH Hotel Company's agreement with the City of St. Paul, to Mr. Lifka of our Chicago office. - I asked Mr. Lifka to name as an additional insured, the City of St.Pau1 on the Public Liability policy carried in the Travelers Insurance Com- pany on behalf of your hotel company. I wish to confirm that this cov- erage is in effect, and you may use this letter as such confirmation. I shall ask Mr. Lifka for a specific Certificate of Insurance to be sent to you as soon as possible. Sincerely, 1 E. R. Firmine Vice President ml cc :J.Lifka ORIGINAL - _ CITY OF SAINT PAUL To PAVOR - QFFICE OF THE COMPTROLLER RECEIPT RECEIVED OF N° 2098 Is ��. I 19— CITY COMPTROLLER 500 3 -65 -OW22 BY `� ✓�J Ali 1 too 0 z z w CL 0 w U f- m x -x w . N-r w 7 , ' O OODCJ M OD — — n u n N aJi _ Z z O U O mm z z w CL 0 w U f- m x -x w . N-r 0 Jv �Q QPP Q� -- • 1 Ao v a z Z w v a. W 0 w w Q w w VO Y Cl) w LO z= W _W W w ~ N 3 0 0� qT OODCJ �QWto OD — — n u n W m J N aJi _ Z z O U WW NO JcDHQ0 mm a<w3 0 Jv �Q QPP Q� -- • 1 Ao v a z Z w v a. 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