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05-038.00 Pinecroft LLC)~ RETURN ADDRESS City of Spokane Valley 11707 E. Sprague Ave Spokane Valley, WA 99206 Attn: Chris Bainbridge, City Clerk Please Typa or Print Neatly & Clearly All Information ~o 5194594 Pane ~ 1 of 11 03~c4ti:005 0~ri4P N ~ tiT, I Y Spokane Ca WA Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project Reference Number(s) of Related Documents Grantor(s) (Last Name, First & I'vliddle Initial) DeveloperJOwner: Plnecroft, LLG Grantee(s) (Last Name, First & Iv9iddle Initial) Mitigation Agreement with Developer noted above and City of Spokane Valley Legal Description (Abbreviated form is acceptable) Lo. Section/To-~nlshiplRangelll4 Section 45033,9525 - 03-25-44 Louisville Add F~tn of SW % of S~rJ t/, Sec 3S of N P.Ry Co RM! EXC 45142.9109 - Pinecroft Business Park Phase II Lt 6 BCk i of B.S.P. 01-78 Auditor's File #4679693 45105.9110 - Pinecroft Business Park Phase II Lt 7 Blk i of B.S.P. O1-T8 Auditor's File 1.4179693 45102.9103 - 10-25-44 (SP98-~ 188) Tr 4 of SP98-1188 Auditor's #4376384, Bk 96 PGS 27 & 28 Assessor's Tax Parcel ID Number: see above The County Auditor vi,ll rely on the infam~ation provided on this form. The Staf(v:ill not read the dou,rrtent to verify the Accuracy or completeness of the indexing information provided herein. Sign below only if your document is Non-Standard. I am requesting an emergency non-standard recording for an additional fee as provided in RCV'J 36.18.010, 1 understand that the rewrding processing requirements may cover up ar oihen~nse obscure some parts of the text of the original document. Fee for non- standard pr sing is 550. t ~ ignaturo of REqueslrng Party C%~ -~~ ' , ~ u•~~~i_iii. 5194594 I~ Pages 2 of 11 NT, 1 Y X IIII~ MGR S~olcaneOC~o, 0~A14A iVrl`l'1GA T lUN AGlt)i/~M.>~N7' SR 27 ('P)mTFS RQAD) / MAn~SFIELD RDAD CnNSTRUGTIQn7 PRQ,TFCT This Mitigation Agreement ("Agreement") is entered into by and between Pi.necrofl; LLC ("Developer"), a ~~~ashnglon Limited Liability Corporation, having ofliees for the transaction of busi~iess at 1.2310 F Ivlirabeau Plcti~,~~., Suite 1.50, Spokane Valley, Washington 9921.6, and the City of Spokane Valley ("Cit}Y'); a political subdivision of the State of ~~~ashuigton, hereinafter jointly referred to as "Parties": 17ECI`1'ATJS 1. the City; in cooperation with. Spokane County and the 1Vaslungton State Department of Transportation; is planning to design and construct improvements to the SR. 27 (Pines Road) and Mansfield Road comdor w7ih Transpor/anon Partnership Program (TFP) grant funds from the Transportation Improvement Board (T113) and Congestion Management/Air Qualitp (CI~~IAQ) ;rant funds from the Spokane Regional Transportation Council (SlZ'1'C;). The name of the project is the Pines/Mansficld Corridor Congestion TZ.elief Project ("Project") and the ptupose of this project is to alleviate existing and future traffic congestion in this area. The Project will reconf gure the ~T-rk3 ramps of 1-90 at S1Z.-27 (Fines Ital.), using the e~;isting slip ramps to Indiana Ave. and Montgomery Ave. '1~IT13 off-ramp traffic will use the slip ramp to a signalized intersection at lncliana Ave. ~~l~B on-ramp traffic ~~hll use the slip racu.p at iMont:gomery A~~e. To ianprove. opezation of t}ie WD on-ramp and erasure safety; the portion of Montgomery Ave. between fines Rd. and the slip ramp will be one- way, westbound only. Therefore, to provide access to Pines Rd. for the properties we-st of Pines Rd., Mansfield Ave. will be unproved, with a traffic signal at the intersection of Mansfield Ave. ~ Pines Rd. Curb, gutter, sidewalks and bike lanes ~~~ill also be constructed.. !n addition, a signal will be installed at the Mirabeau Pkwy & ,Pines Rd. intersection. to bring this intersection up to an acceptable level of Service. 2. `1'he Developer is the owner/developer of certain real property generally located within the SR 27 (Pines Road) and Mansfield Road comdor nc7rth of Interstate 901egally described in T'xhibil "A" ("Property"). 3. The Dwcloper is developing the Property .for residential andlor commercial uses (the "Development") which will increase traffic congestion and directly impact existing transportation infrastruetu.re alone the PineslMansfield corridor from and including the on- aa~d of_f-ramps at T-90. Mitigation of these impacts w111 he requited as part o.f. the development of said property. 4. 1`hc Parties are desirous of entering into an Agreement which provides for the pay~nient: of a proportionate share of the Project i.n consideration for the allocation of a specified number of P.M. Peak Hour trips and Mtigation of traffic impacts associated with the Development. • • _ ~, ~~ ~~~ llllll 5194594 Pinecroft; LLC, l~litigati. ~ Pa e 3 os S 1 PineslMans6eld Road Constru ton Project I ~ 03ri?4r~~05 02~ 14r V kip. I ~ -'nu . ' Spo:c~.re Co, WR 5. The Developer recognizes the need to improve the traffic congestion i.u the Pines/Mansfield corridor and has agreed to financially participate ui the Project by contributing apro-rata share of the required local matching funds. Tlie Developer's pro- rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to R.C~ri' 43.21.0.050, and RCW 82.02.020, the City has the authority to allow a payment to nutigate a direct impact tbat has been identi_f ed as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the 0ity; and (2) has identified a reasonable relalionship bctvvecn impacts generated by the Tevelopment to the transportation system. and the financial contribution toward those impacts. 7. Ta mitigate the direct impacts of the Development upon existing transportation facilities, the Parties are voluntarily entering into this Agreement pursuant to RC~~~ 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the direct traffic-related impacts of the levelopment upon the environrnent r~~hich have been identified through the SEPA. review process and documented i.n the City File No. ZF=.-94-84 and GE-5-98. AGREEMENT NOW, THFRFFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: Vuluntan~ Agreement. `t'his Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. `t`he mitigation fees charged herein are proportional to the traffic-related impacLS generated by the l~cvelopment. The parties acknowledge that the capital project is reasonably necessary to mitigate the direct traffic impact of the Development. ]u the event this niitigal'ion agreement is determined by a court to be null and void the Cite shall refund the unexpended portion of mitigation fees. l~ollowinb a termination of this agreement the Developer shall, as reasonably requirred, mitigate the direct traffic impacts of the :Development throubh the Stale F..nvironmental Policy Act. 2. Yroieet 1C+'unds. I`he Project is being fi~nded from. several sources including, the Washington State Departrncnt of Trac~sportation (~VSDO°l~, the T113, the SI2.1°C, the City, and private developers. Funds from WS170"1'", '1'iB, Sl~TC and the City have been obligated. See "Ilahibit B". I<9_itiaation k ec. The Developer shall pay 5151,917, ($303.46 per P.M. Peak Hour trip, minus 525,000 credit for Right-of-~Tiray Agreement v`~th WSDOT), which has been determined to be the Developer's contribution to the ,Project for ntigation of future traffic impacts related to the Development. This traffic miff ration fee shall he I'.11'uW'iC N'0cta'~Capitil I',agCCSlI'ices-hl3nsfta~dl.ti"Lt~37,ticr, Adretmenta~M3tiuptbon AyFe~neats'\SITIQAT[ON AGRFE~~*77 Pineccuf~ LI.C.aoe . , ' Pi.necroft, i :T.,C, Mitigate,. ¢~;ement Pines/M.ansfie.ld Road Construction Project ~~~,1111111 5194594 ~~~~ ~ Page ~ 4 of f f Nn NT, I Y KA~ nm~ Spok,~.ne~Co, 0~R14P expended towards the design, right-of way acquisition, acid const~laction of the Proj cct. 4. a'avment To begin the design of the Project, the Developer agrees to pay all, or at least 20% of its mitigation fee no later than l±,ebruary 2~, 2005. A letter of credit, savings assignment, set-aside letter, or other appropriate mechanism that gives the City a un.ilat.eral right t:o access the :funds pursuant t:o this agreement from a financial institution. shah also be provided to the City no later than February 2~, 2005 for the remaining 80% of the Developer's ntitigation fee. The remaining 80% of the Developer's mitigation fee shall be collected by the City no later than 90-days prior to the Project bid date for construction. The City will notify the Developer of the Project bid date «fien it is determined. A.l_l fees paid by the Developer shall be used as a portion of the local match required for the TIB and SRTC grants related to the design, right-of-~~ay acquisition; and construction of the Project. 5. bite Development. building permits will be issued far the Development when l) this agreement has been executed by the Developer and the City; and 2) the Developer's mitigation fees have been paid in accordance with Section 4 above, and 3) all other conditit~ns of approval oi' the Development required by stage and local. laws are satisfied. I/xecuiion of this agreement releases the Developer from the requirement of constructing frontage improvements on the Pri~perty, provided said :frontage improvements are included in the Project. if frontage improvements arc not included in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RC`V 82.02.020. Payment. collected b}~ the Cite will beheld u~ a mitigation fee reserve account and uiay only be expended to fiend the design, right-of- way acquisition, and construction of the Project. Payments shall be expended within the years of collection. The City shall be entitled to reimbursement'Crom the ntigation .fee reserve account :for any i'unds ii may expend for th.e design, right-of.- way acquisition; and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve accoulrt not expended within five years shall be refunded by the City oath interest as provided in RCtiV 82.02.020. 7. Committed P.iN.. leak Hour 'fries. The City agrees to reserve within the Project up to a total of 583 P.Nl. Peak Hour trips for the Property until the Development is complete provided such reservation complies «~th alJ. federal, state and local laws at the time application. for a bui.ldi.ng permit is made. "Complete" is def.ned as having received all governmental permits and approvals necessary to construct and permanently occupy the ,Development. If the total number of P.IvI.:Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall. be provided to determine i.f additional trai~c mitigation i.s .required. 8. Concurrence: In accordance with the City's adopted concturency standards p~~u-suant to RC~'V 36.70A.; the P.M. Feel:. Hour trips nutigated herein shall be considered to Y:IIR~olic R'nrAalCnpira! Ihry'at~Pin~.\:an~dd5ffit~ati~ Ags~~m2silAizigaine A¢re~nent~~.SCCIGAI'ION AGFtL•L•AtEI~T PEmtafl, IS.C.doc ~Lil~ 11.11E 5194594 Pirlecroft; LLC, Niitigati. A~ment Page' 5 of 11 Pines./Mtansfeld Road ConStr tCU 1gn Projec I II~ - - 03/4/2005 0?~ 14P V M NT. ! Y ~l;~ Spokane Co, u~g have satisfied concurrcncy for the Project from. the Development as provided in paragraph 7. Any remaining capacity shall be available to the general public. 9. Notice: All communications, notices or demands of any kind which a part}= under this Agreement is required or desires to give t:o any other party shall be iP. ~~rriti.ng and be either I;1) delivered personall}=; (2) sent by facsimile transmission with an additional copy mailed tirst class, or (3) deposited in the tJ.S. mail, certified mail. postage prepaid; refiurn receipt requested and addressed as follow=s: LC to the City: City of Spokane Valley 11707 ~. Sprague Ave.; Suite ] 06 Spokane ~~alley; WA 99206 Fax: (509) 921-1008 Attn: City Manager if to the .f~eveloper.: John Miller l?i.necro.ft, l,,I.,C 12310 F Mirabeau Fb-~y., Suite 150 Spokane Valley, WA 99216 10. Successors. This Agreement shall be binding on and uiure to the benefit of the successors and the assigns of the Parties. 11. C:overn.ina :[maw. 'I'bis Agreement shall be construed in accordance with the laws o'f the State of Wasbi.ngt:on. Any action for enforcement of this Agreement shall be brought in a court of. coar.petent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 1.2. Modifications. I~jo modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. l~io officer, e.mplo}=ee, agent or otheru=ise of the City has the po~i~er; right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of an}= other or subsequent breach. 14. Representation. This Agreement forms a fully integrated a~ement betilveen the Parties. 1~?0 other understandings; oral or otherwise, regarduig the subject matter of this Agzeeme~~t shall be deemed to exist or to bind any of the Parties hereto. This agreement shall meet the nutigation requirements for direct traf~(ic-related impacts of the levelopment ~~~ithin the Project limits as described in the Froject description in Section 1 of the Recitals and as identified and documented in the City file(s) referenced in Section 8 of the Recitals. This agreement shall not supersede any other conditions of approval not directly related to traffic-related impacts of the P^6'ub5c WackaiCapiir! t'~cr~aeulPinp-AtanslicldLtilitignt3nn Agrmmens~~hLt~x:ioe Ageement~l.t7T]C:1T1oN AGRL• Ghi~T )~~o~oll. I,I,C.dw: ~~ }?inecroft, L.I~C, iVlitig~~ti, ~errient 5194594 1?ines/Mansfield road Constr ClLtr tlon Project I I ~ III Page ~ 6 of 11 93124/2885 8P~14P T~evelopment «~thin the 1?roject limits. ! ~lT, I ! K ~ Spokane C4, WA All Parties have read and understand all of the Agreement, alyd nowt state that no representation, proiz~ise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent anti certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. P,'iFhi6lir. Wo~Cs~Pitn! I'rtrrstx5l'sna•.\4erta5dd5M1Titigviiam Agremss.\titi~ cim /~eemenL~J.1777GATtON AGRFFV.ENT Pinrapft,11.C8oc :, _ ~ Il~.it_llll 5194594 • Ni.neeroli:, LLC, M:itigati. ~~ merit Page 7 of 11 fines/Mansfield Raad Cons h'on Project ~~~ ~ ^-,t>.t^ 0arC412905 0~t 14P NT, I Y K Spokane Co, blfl ~~ DEVELOPER: P B 111 4VIT1\rESS WHEREOF; the Parties have executed this Agreement this ~ day of ~ ~G~~~~,~-~ ~ 200. i eCTU L•L }': ItS: John Miller STATE QF ~~JASHINQTQ~I ) ss. County of Spok~me ) On this ~ day of ~>/~ 2005 before me, the undersigned, a i~totary Public in and for the State of ~ashin~ on, duly commissioned and sworn, personally appeared ,Nt t ~ ~~ to me .known to be the of •~Q ~ LLC the corporation that executed the foregoing instnunent, and aclno~~led~tecl the instrument to bt; the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, anti on oath stated that he is authorised to execute the instrument. R~ITNESS my hand and ol7icial seal hereto affixed the day and year in this certi[icale above tivritten. P~lotarryy Put~l~a State o4 ~Shing4on CAFiOt.Y~d J. QIEORGE NAY CONRAAfi~SiQPd EXPIRES sec. t s, 2oc~, J N ~" RY f'>~.1=:. , in - d for the St to of ZTJashingrton, residing at corn.cnission expires: ! 2 t O Printed I~T~an~e P:IPvt3e R'artcsSCapi>z ProjecysSPina-V•znzfieldilsfaigzliao ~na+sL4!it~:io~ Ageer/.a~~7.47T7GAT10i`! AGREI7.fL•Ni Pue~n:t, LLC.doc ' Pinecroft, LLC, i~iitigation `. ~~ent: Pines/;Vlansf eld Road Construction Project i DEV'LLOPER: l~inecroft T~1~,C By: _ C.12~~7 ~ Susan E. Vail 1 er STATB OP ~VAST-TTNGTON ) ss. County o~~Spokane ) ~~ ~ ~~ 5194594 P?qe: 8 of 11 03/24/2065 0p~14P Spokane Co, WR hl'i T, 1 Its: ~~ On ttus~~''~ day of ~l ~ ~ \ ~t ~ 2005 before mc, the undersigned, a Notary T'ublic in and for the State of Vashington; duly con~nliSSioned and sworn, personally appeared ~~ ~~~~.C1 ~, . ~C ~ ~ .~L. to me lnou~~ to be the _ (x of~'1 C' _ L ~-~-~ , ~~ ` ~ • 3 the corporation't t executed the foregoing instruin.ent, and aclno~;=led ;ed the instrument to be the .free and voluntary act and deed of the corporation, for the ~>ses and purposes therein mentioned, and on oath stated That he is autliorired to eecute the instrurncnt. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. o•+e~~R~ c~~~ ioiy~ c~~~y~- 'C : h~5 ~o~.~ ~r•~'~p~A~Y o ~~ :v ~ i ~ PUBLIC ~, ~ ~ ~~0~ Wl~~~ -'~ C1T'Y O~ SPO~`l~'~'~ALi.~}Y: David Mercier, City Manager ~ L f2~~~. ris Bainbridge, City Clerk ~~ C , ~ NOT ~ ' f'UBLTC, in and for the State of ~'irashi.ngton, residing at `~~~`; ~~ My conc. Fission expires: ~ ~ s i~~~c:~~~~ -~1~ - ~ F'rintr/d'Namc A OAT-' TO FOR1~R: Cary iskell, I) City Attorney P,'~PuLlie LYodsSCepisnl Prgeaz~3'ins-~\:sasficldV.fiigpiiea /.geemenbL~(idg~tlgn AgrczmmtsU.IIY1G.ATlON ACiP.t:P,.bt1~`~' PinrsoR, L1.C.doe ~~ Exhibit "A" 45033.9121 451 42.910945105.911 45102.9103 45033.9121 03-25-44 /LOUISVILLE ADD PTN OF SW1/4 OF SW1/4 SEC 3 S OF N.P.RY CO Rl4'~1 EXC 8EG AT S1N COR SD SEC 3 TH N ALG IrJ LN OF SEC SD LN ALSO SEING GL OF PINES RD 822.6FT 1'Fi N65DEG46tti4WE 32.9FT Ah/L TO INTER OF E RRN PINES RD 8 SLY RNV N.P. RY SD PT BEING TRUE POB TH CONT N65DEG46MINE ALG SLY RM! N.P. RY 984.6FT TF{ N73DEG20A41NE ALG SD N.P. RY 220.6FT TH AT R/A TO SD RNJ S16DEG40NINE 350FT TH S73DEG20tv11NW 350Fi' TH Ni6DEG40MINW 292.6FT TH S65DEG46MINW 867FT TO PT ON E R/1A1 PINES RD TH N43.8FT M/L TO TRUE POB &EXC ANY PT WITHIN BEG 620FT N OF SV+1 COR TH E170FT TH N155FT TH Wi iOFT TH S155FT TO POB AND EXC THAT PTN WITHIN FOLG DESC PARCEL: BEG AT PT ON W LN OF SEC 3 822.6FT N OF SW COR TM N65DEG48h41NE 1017.5FT ALG SLY RMJ N.P. RY TH N73DcG20MINE 220.6FT ALG SD R1W TO TRUE POB TH CONT N73DEG20fJIINE ALG SD R1W 451.40FT TH S49DEGi6tJINE 169.93FT TN S69DEG34MINW 544FT TH N16DEG40MINW 178.8E T TO TRUE AOB 8~ EXC LTS 5,6 87 SLK34 LOUISVILLE ADD EXC RD AND EXC PTN OF SW1/4 SEC 3 DAF: BEG AT SW COR SEG 3 TH N02DEG42MIN48SECW ALG W LN OF S1N114 20i FT TH N87DEG15MIN32SECE 42FT TO E Rh~+ PINES RD THE TRUE POB TH CONT N87DEG15MIN32SECE 237.5FT TH S02DEG42MIN48SECE 148FT TO N R1W EUCLID AVE TH S87DEG15MIN32SECW ALG SD N RftN 183.47FT TO BEG CURVE RT RAD BRS N02DEG44MIN28SECVti+ DIST 54FT TH CONT ALG SD N RNV & CURVE TO RT THRU C1A 90DEG01 MIN41 SEC AN ARC DIST OF 84.85FT TO A PT OF TANG ON E RNV PINES RD TH N02DEG42MIN48SECW ALG SD E RNJ 93.97FT TO TPOB TOGETHER WITH Vd290FT OF GOV LT 8 EXC PTN LYG NLY OF FOLG DESC LN: BEG AT A PT ON W LN OF SEC 3 822.8E-i" N OF SW COR TH N65DEG46NdNE 1017.5FT ALG SLY R11rJ OF N.P.RR TN N37DEG20fv11NE TO HIGH 1NATER LN OF SPOKANE RIVER 8 TERhA OF SD LN $EXC RD TOGETHER WITM LTS 5,687 BLK 34 OF LOUISVILLE ADD EXC PTN Vti+ITHIN: BEG 620FT N & 20FT E OF SI+II COR SEC 3 TFi E170FT TH N155FT TH W170FT TH Si55FT TO P08 EXC: RDS 0. v _~¢ M (V3 ~4' ~~ ®~ _ '\ C d (~U~ ~ a~ o tnam<n ~~?? 1= i . ~~ _~~ ~~~ :~ ~~ i ~~ ~ o ~~} i . ~a.~ ~z --o 45102.9109 PINECROF'r BUSINESS PARK PHASE II LT 6 BLK 1 OF B.S.P. Oi-78 AUDITOR'S FILE #4679693 1 ~ Exhibit "A" ~~ 45105.9110 PINECROFT BUSINESS PARK PHASE II LT 7 BLK i OF B.S.P. 01-78 AUDITOR'S FILE #4679693 45102.9103 10-25-44 (SP98-1188) TR 4 OF SP98-1188 AUDITORS x+376384 BK 16 PGS 27 & 28 LYG SLY OF FOLLOWING DESC LN; BEG AT MOST SELY COR OF TR 4, TI~I NLY ALG ELY LN 444FT TO TRUE POB OS SD LN, TH S89DEG 55tti41N 30SDS W 504.46F1- ~ TERM OF SD LN BEING A PTN OF t,'W114 OF NW114 - - -_-- 5194594 Page t9 of !! 03/24l~~&3 02~l4P NM NT, ! Y K ~ s~ Spokane Co, !19 •1 Exhibit 'S' Pines/Mansfield Cost Estimate PE ROW Construction Totals Clty Portion - Marufieid Ave. (3-lane Section) Pteiiminary Engineering $75,622 Sails Inve,tigation $15,000 Right-of-xay $60~O,OOD ProFecf Signing 52,000 Contingencies - i 0oro 575,622 Construction Engineering - 109b 575,622 C~onsfruction - 109 5756,220 EnvironmentaVtJli~c. Eng $1fi,393 Subtotals 5107,015 500,000 5309,464 $1,616,479 WSDOT Portion Desion Engineering 5200,000. Riaht-of-nay (Euclid} S2S,OOD ROW -Pines $100,OOD Construction 51,570,4fi4 ConiingenciK*s $65,745 Sa Ies Tax - 8.1 % 5123,1 SB Construction Engineering 16°:0 52fi2,979 Sut;totats $20?J,000 $125,000 $ 2,022,34fi.00 $2.347.345 TOTAL $307,015 5725,000 $2,931,610 $3,963,825 A,ddad 550,000 per rrovised estimate from WSDOT for additional flagging required at RR uos.~ing. TII3 S 2,193,551 5596 Developers S 499,795 1396 City 5 55,000 196 WSDOT ~ S 55,000 196 CtJJiQ S 1,160, 500 29°i'o Total S 3,963,656 i009'o c 519459 of 11 0382412085 02~14A . Spokane Co, liR NT. I . K_ -