HomeMy WebLinkAbout2010 CON International Community Foundation Center - 2525 N Avenue Mills ActRecording Requested by and When
Recorded Please Mail to:
Michael R. Dalla
City Clerk
City of National City
1243 National City Boulevard
National City, CA 91950-4301
iiu
D O C # 2010-0552899
11111 I IH II I1V IIIH II111 11111011111H 11 AID 1111
OCT 14, 2010 8:56 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 68.00
PAGES: 11
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111
APN(s): 563-150-27
g349
Above Space for Recorder's Use Only.
MILLS ACT CONTRACT
For property located at 2525 N Avenue
THIS CONTRACT is entered into by and between THE CITY OF NATIONAL
CITY, a municipal corporation ("CITY") and International Community Foundation Center
("OWNER").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as
the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic
properties to provide for the use, maintenance, and restoration of such historic
properties so as to retain their characteristics as properties of historic significance.
WHEREAS, Owner possesses fee title in and to that certain real property,
together with associated structures and improvements thereon, Assessor's Parcel No.
563-150-27, and located at the street address 2525 N Avenue, National City, California,
(the "Historic Site"). A legal description of the Historic Site is attached hereto as "Exhibit
A", and incorporated herein by this reference.
WHEREAS, the National City Council has designated the above property as a
Historic Site and it is so listed and currently eligible for listing in the "List of Identified
Historic Sites in National City".
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Contract both to protect and preserve the characteristics of historic significance of the
Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to
the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of
Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing
with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government
Code (and as amended from time to time).
9350
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and covenants, City
and Owner agree as follows:
1. Compliance with Council Resolution. Owner shall comply with City Council
Resolution No. 2010-xx incorporated herein by this reference.
2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and
shall remain eligible for listing in the "List of Identified Historic Sites in National
City."
3. Standards for Historic Site. During the term, of this Contract, the Historic Site
shall be subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the characteristics of the cultural and
historical significance of the Historic Site, and when necessary, restore
and rehabilitate the Historic Site to conform to the rules and regulations of
the Office of Historic Preservation of the Department of California State
Parks, the United States Secretary of the Interior's Standards for
Rehabilitation, and the State Historical Building Code, as amended from
time to time. Work shall be done in accordance with the attached
schedule of potential home improvements drafted by the Owner
(Attachment A).
b. Owner shall maintain all buildings, structures, yards and other
improvements in a manner which does not detract from the appearance of
the immediate neighborhood. The following conditions are prohibited:
Dilapidated, deteriorating, or unrepaired structures, such as:
fences, roofs, doors, walls and windows;
ii. Scrap lumber, junk, trash or debris;
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including swimming pools or spas;
v. Any device, decoration, design, structure or vegetation which is
unsightly by reason of its height, condition, or its inappropriate
location.
c. Owner shall allow reasonable periodic examination of the interior and
exterior of the Historic Site, by prior appointment, if a request is made by
representatives of the City of National City Planning Department, the
Community Development Commission of the City of National City, County
Assessor, State Department of Parks and Recreation, or the State Board
of Equalization, as may be necessary to determine Owner's compliance
with the Contract.
2 Mills Act Contract
2010-09 M
9351
d. Owner shall allow visibility of the exterior of the structure from the public
right-of-way. Owner shall not block the view to the exterior of structure
with any new structure, such as as walls, fences, or shrubbery.
e. Should Owner apply to City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and
participate in a scheduled hearing regarding such application before the
board or commission designated by the City Council to oversee City's
historic resources prior to the issuance of such permit. City will endeavor
to schedule such hearing within three (3) weeks after owner submits such
application to City.
f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to
City for a permit for the demolition, substantial exterior alteration or
removal of the Historic Site, Owner shall comply with all City and State of
California environmental regulations, policies and requirements prior to
City's issuance of the requested permit.
4. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by City which City deems necessary or advisable to
determine compliance with the terms and provisions of this Contract.
5. Cancellation. City, following a duly noticed public hearing as set forth in
California Government Code Sections 50280, et seq., may cancel this Contract if
it determines that Owner has breached any of the conditions of this Contract or
has allowed the property to deteriorate to the point that it no longer meets City's
or the State's standards for a qualified historic property. In addition, City may
cancel this Contract if it determines that Owner has failed to restore or
rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this
Contract, or has demolished, substantially altered, or removed the Historic Site.
In the event of cancellation, Owner shall be subject to payment of those
cancellation fees set forth in California Government Code Section 50280, et seq.
6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to
cancellation of the Contract as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Contract. In the event of a default under
the provisions of this Contract by Owner, City will give written notice to Owner by
registered or certified mail of the default, and provide if such a violation is not
corrected to the reasonable satisfaction of City within thirty (30) days (provided
that acts to cure the breach or default must be commenced within thirty (30) days
and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Contract and
may pursue any remedy available under local, state or federal law. City does not
waive any claim of default by Owner if City does not enforce or cancel this
Contract. No waiver by City of any breach or default under this Contract shall be
3 Mills Act Contract
2010-09 M
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deemed to be a waiver of any other subsequent breach thereof or default
hereunder.
7 Binding Effect of Contract. Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Contract. City and
Owner hereby declare their specific intent that the covenants, reservations, and
restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon Owner's successors and assigns in title or
interest to the Historic Site. Each and every contract, deed, or other instrument
hereinafter executed, covering or conveying the Historic Site, or any portion
thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in
this Contract regardless of whether such covenants, reservations, and
restrictions are set forth in such contract, deed, or other instrument. City and
Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the
land, in that Owner's legal interest in the Historic Site is rendered less valuable
thereby. City and Owner hereby further declare their understanding and intent
that the benefit of such covenants, reservations and restrictions touch and
concern the land by enhancing and maintaining the historic characteristics and
significance of the historic Site for the benefit of City, the public, and Owner.
8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per
$100,000 of assessed value of the Historic Site, not to exceed $500, prorated to
actual assessed value.
9. Effective Date and Term of Contract. This Contract shall be effective and
commence on October 5, 2010, and shall remain in effect for a term of ten (10)
years thereafter.
10. Automatic Renewal and Notice of Non -Renewal.
a. Renewal. Each year on the anniversary of the effective date of this
Contract (the "renewal date"), a year shall automatically be added to the
initial term of this Contract unless notice of non -renewal is mailed as
provided herein.
b. Non -renewal. If either Owner or City desires, in any year, not to renew this
Contract, Owner or City shall serve written notice of non -renewal on the
other party in advance of the annual renewal date of the Contract. Unless
such notice is served by Owner to City, in writing to the City Council, at
least ninety (90) days prior to the annual renewal date, or served by City
to Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the Contract as provided
herein. If either City or Owner serves notice to the other of non -renewal in
any year, the Contract shall remain in effect for the balance of the term
then remaining, either from its original execution or from the last renewal
4 Mills Act Contract
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9353
of the Contract, whichever may apply.
Protest. Upon receipt by Owner of a notice of non -renewal from
City, Owner may make a written protest of the notice to the City
Council. Any protest must be received by the City no later that 15
days from the date of the notice of non -renewal.
ii. Withdrawal of non -renewal. City may, at any time prior to the
annual renewal date of the Contract, withdraw its notice of non -
renewal.
11. Notice. Any notice required to be given by the terms of this Contract shall be
provided at the address of the respective parties as specified below or at any
other address as may be later specified by either party.
To City: To Owner(s):
City of National City
Development Services Director
1243 National City Boulevard
National City, CA 91950-4301
International Community Foundation Ctr.
2525 N Avenue
National City, CA 91950
12. Indemnity and Hold Harmless of City. Owner shall defend, indemnify, and hold
harmless City and its elected officials, officers, agents and employees from any
actual or alleged claims, demands, causes of action, liability, loss, damage, or
injury to property or persons, including wrongful death, whether imposed by a
court of law or administrative action of any federal, state, or local governmental
agency, arising out of or incident to (i) the direct or indirect use, operation, or
maintenance of the Historic Site by Owner or any contractor, subcontractor,
agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in
connection with the Historic Site; and (iii) any restrictions on the use or
development of the Historic Site, from application or enforcement of the National
City Municipal Code or from enforcement of this Contract. This indemnification
includes, without limitation, the payment of all penalties, fines, judgments,
awards, decrees, attorneys' fees, and related costs or expenses, and the
reimbursement of City, its elected officials, employees, and/or agents for all legal
expenses and costs incurred by each of them. Owner's obligation to indemnify
shall survive the termination, cancellation, or expiration of this Contract and shall
not be restricted to insurance proceeds, if any, received by City, its elected
officials, employees, or agents.
13. General Provisions.
a. None of the terms, provisions, or conditions of this Contract shall be
deemed to create a partnership between the parties and any of their heirs,
successors, or assigns, nor shall such terms, provisions, or conditions
cause them to be considered joint ventures or members of any joint
enterprise.
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9354
b. All of the agreements, rights, covenants, reservations, and restrictions
contained in this Contract shall be binding upon and shall inure to the
benefit of the parties herein, their heirs, successors, legal representatives,
assigns and all persons acquiring any part or portion of the Historic Site,
whether by operation of law or in any manner whatsoever.
c. In the event that any of the provisions of this Contract are held to be
unenforceable or invalid by any court of competent jurisdiction, or by
subsequent preemptive legislation, the validity and enforceability of the
remaining provisions, or portions thereof, shall not be effected thereby.
d. This Contract shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of
Owner signs this Contract on behalf of Owner, the agent or representative
must furnish proof to the satisfaction of City, that the agent or
representative has authority to act on Owner's behalf.
e. This Contract shall be construed and governed in accordance with the
laws of the State of California. The venue for any action shall be in the
County of San Diego, State of California.
f. Owner or an agent of Owner shall provide written notice of this Contract to
the State Office of Historic Preservation within six (6) months of entering
into the Contract.
14. Recordation. No later than twenty (20) days after the parties execute and enter
into this Contract, City shall cause this Contract to be recorded in the office of the
County Recorder of the County of San Diego.
15. Amendments. This Contract may be amended only by a written and recorded
instrument executed by the parties hereto.
CITY OF NATIONAL CITY
Date: October 5, 2010
B
on Morrison, Mayor
OWNER(S) OF RECORD C-NT''
Date: G-4v 2 Z- LoAO
By:
(Nota f' • Sign: to e)
Ra1.�y
Title:
Vow ti\
6 t"-6"r'' '‘.-- Mills Act Contract
-51 2010-09 M
9355
Date: October 5, 2010 Date:
Attest:
By:
Michael R. Da a, City Cle
Date:
Appro
By:
October 5, 2010
as t
dia
for
City Attorney
By:
3 Z
(Notarized Signature)
Title:
Xjeyy ,9u..4//c,
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
State of Cardomie
Cauntyat .Sam
t7r1 y/,y�� c,o me, ulrr - h0" Notary Public.
personalty appeared Yell'
Jr erg
who proved to me on the basis of satisfactory evidence to be the persons)
whose name(s) is/araailbscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hislherAheir authorized capasity(ies),
and that by his/herftheir signature(s) on the instrument the persons), or the entity
upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the taws of the Slate of California that the
foregoing paragraph B true and correct.
WITNESS my hand and official seal.
'J
GYUiN CH01
Commission # 1809780
Notary Public - California
San Diego County
My Comm. Expires Aug 16, 2012
7 Mills Act Contract
2010-09 M
EXHIBIT "A"
THAT PORTION OF FORTY -ACRE LOT ONE IN QUARTER SECTION 134 OF
RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
MAY 11, 1869, DESCRIBED PER RECORD OF SURVEY 11230 AS FOLLOWS:
BEGINNING AT A POINT WHICH IS NORTH 72°02'29" EAST 40 FEET AND
SOUTH 17°42'34" EAST 493.18 FEET FROM THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF SAID FORTY -ACRE LOT ONE,. BEING A POINT IN
THE SOUTHEAST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO
J. S. GORDON RECORDED OCTOBER 3, 1887, IN BOOK 87, PAGE 293 OF
DEEDS; THENCE NORTH 72°43'00" EAST ALONG THE SOUTHEAST LINE OF
SAID GORDON LAND AND ITS NORTHEASTERLY PROLONGATION 498.58
FEET TO A POINT BEARING SOUTH 72°43'00" WEST A DISTANCE OF 77.04
FEET FROM AN ANGLE POINT IN THE WESTERLY LINE OF THE PARCEL OF
LAND DESCRIBED IN DEED TO HERBERT A. JERAULD RECORDED JUNE 27,
1904, IN BOOK 346, PAGE 65 OF DEEDS; THENCE SOUTHERLY AND
SOUTHWESTERLY ALONG THE WESTERLY LINE OF LAND DEEDED TO THE
CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, BY RESOLUTION
No. 16,169 OF ACCEPTANCE OF THE CONVEYANCE OF SAID LAND IN GRANT
DEED DATED DECEMBER 21, 1989, FROM JOHN THOMAS WALTON AND
CHRISTY RUTH WALTON THE FOLLOWING DESCRIBED COURSES AND
DISTANCES; SOUTH 6° 39'49" WEST 35.51 FEET; THENCE SOUTH 7°7' 30 "
WEST 122.63 FEET; THENCE SOUTH 12°46'34" WEST 193.38 FEET; THENCE
SOUTH 15°54'08" WEST 65.56 FEET; THENCE SOUTH 18°54'20" WEST 123.53
FEET; THENCE SOUTH 9°48'13" WEST 150.65 FEET; THENCE SOUTH 70°50'32"
WEST 107.01 FEET: TO A POINT ON THE SOUTHWESTERLY LINE OF LAND
CONVEYED TO JOHN THOMAS AND CHRISTY RUTH WALTON BY GRANT
DEED RECORDED JULY 30, 1986 IN SAID OFFICE OF SAID COUNTY
RECORDER AS DOCUMENT NO. 86-317627; THENCE NORTH 57°12' 19" WEST
75.09 FEET; THENCE NORTH 17°42'40" WEST 377.50 FEET; THENCE NORTH
17°42'34" WEST 168.62 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED LAND CONTAINS 199,060 SQ. FT. MORE OR LESS.
ArkkQci\rrnen4 A
9357
2525 N Avenue. National City. CA 91950
a.) A general maintenance/restoration plan for the structure (any prior
restoration activities may be included):
The International Community Foundation acquired the Noyes House located at 2525 N
Avenue in 2006. This Princess Anne era Victorian was gifted after undergoing repairs which
included re -roofing in 2005. The cost of repairs in 2006 was estimated at $50,000. Annually
the International Community Foundation has invested $20,000 to maintain the Noyes House.
The International Community Foundation has made a commitment to on -going maintenance of
the Noyes House and surrounding properties. It is also the intention of the foundation to
invest in interpretative signage to highlight the historical significance of the property.
b.) Description of the structure & land and its historic value:
2525 N Avenue sits on a 4.85 acre lot in National City, California which was originally part of
Rancho La Nacion.
The original owner of the property was Frank A. Kimball which formed what was known as
Rancho la Nacion. Kimball subsequently sold the land to Alfred Huntington (sham in 1888.
(sham lived at the site of the current Noyes House from 1887-1889. As there are no title
records stating that the property was owned by (sham water records confirm that the lived at
he lived at the location characterized as "A.H. Isham. South of J.S. Gordon. !sham was a
colorful and controversial character in National City and San Diego local history. Isham's was
known for establishing the !sham Water Company which marketed "Isham's California Water
for Life." Due, in large part, to the misrepresentations made by Isham, the U.S. Congress
passed the U.S. Food & Drug Act of 1906.
According to historical records Frank A. Kimball sold the land where Isham formally lived to
Oliver H. Noyes in 1895. In 1896 Mr. Noyes constructed a Queen Anne style Victorian home
which has been fully restored. The Noyes House is a locally listed historical property with the
City of National City. It remains among the best preserved Queen Anne style Victorian homes
in National City and the South Bay of San Diego County.
From a historical perspective, Oliver H. Noyes is an important figure in National City history.
He was the city's first full time postmaster and a personal family friend of the Kimball family
from New Hampshire.
In 1989 John T. Walton, the son of Sam Walton, the former of WalMart, purchased the Noyes
House. He lived there with his wife, Christy, and son Lukas until 2002. In 2006, Christy
Walton donated the property to the International Community Foundation, a public foundation.
9358
RESOLUTION NO. 2010 — 231
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A MILLS ACT CONTRACT FOR 2525 N AVENUE
APPLICANT: INTERNATIONAL COMMUNITY FOUNDATION CENTER
CASE FILE NO. 2010-09 M
BE IT RESOLVED by the City Council of the City of National City that the Mayor
is hereby authorized to execute a Mills Act Contract for 2525 N Avenue. Said contract is on file
in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of October, 2010.
ATTEST:
fxzzieiy
el R. Dall
Mi City Clerk
PROVED AS TO FORM:
udia G
City Attorney
on Morrison, Mayor
9359
Passed and adopted by the Council of the City of National City, California, on October
5, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-231 of the City of National City, California, passed and
adopted by the Council of said City on October 5, 2010.
'�4." mi
of the City
erk
City f National City, California
By:
Deputy
RESOLUTION NO. 2010 — 231
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A MILLS ACT CONTRACT FOR 2525 N AVENUE
APPLICANT: INTERNATIONAL COMMUNITY FOUNDATION CENTER
CASE FILE NO. 2010-09 M
BE IT RESOLVED by the City Council of the City of National City that the Mayor
is hereby authorized to execute a Mills Act Contract for 2525 N Avenue. Said contract is on file
in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of October, 2010.
ATTEST:
ha
Miael R. Dall City
Clerk
PROVED TO FORM:
udia G
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on October
5, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
!�
City Clerk of the ity oflNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-231 of the City of National City, California, passed and
adopted by the Council of said City on October 5, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: October 5, 2010
AGENDA ITEM NO. 14
,TEM TITLE:
Resolution of the City Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for
2525 N Avenue (Applicant: International Community Foundation Center) (Case File 2010-09 M)
PREPARED BY: Martin(Reeder DEPARTMENT: Develo ent cs/Planning.
PHONE: 336-4313 APPROVED BY.
EXPLANATION:
The property owner of 2525 N Avenue (the Walton House) is requesting a Mills Act contract. The Walton House is a
two-story Princess Anne era Victorian home located on a 4.85-acre lot. The property is in the IP-PD (Private
Institutional -Planned Development) zone as well as within an active redevelopment project area.
Mills Act contracts are historic preservation tools that provide property tax savings for owners in exchange for a
commitment to maintain and/or restore a historic structure. This property is eligible since it is on the City Historic
Properties List. The property received $50,000 worth of restoration work in 2005 and the owner proposes to maintain
the structure as required by the contract. Pending work includes interpretive signage to highlight the historical
significance of the property. The Mills Act contract is valid for 10 years and automatically extends for one year on
the anniversary date. The City may cancel the contract if breached or opt not to renew it if proper notice is
provided. There are currently twelve properties in the City in the Mills Act Program.
According to the San Diego County Assessor, there will be an approximate tax reduction of 48%, or $3,817
annually. As the property is within a redevelopment area, the $3,817 would be entirely tax increment money and
an annual loss to the City's Redevelopment Agency.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
The action will result in a reduction in annual Redevelopment property tax revenue of approximately $3,817
ENVIRONMENTAL REVIEW:
Not subject to CEQA
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
N/A,
ATTACHMENTS:
I. Location Map 4. Site Photos
2. Mills Act Contract 5. List of current Mills Act properties
3. Application 6. Resolution
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