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HomeMy WebLinkAbout1989-04-10 89-165 ORDINANCEIAnllell Ae110A pate 4/3/89 Item No 89-165 Itenombjen: Amending Zoning Ordinance - Contract Zone Change - 96 Center Street pesporuible DeparemwlL Planning Division Commentary: For Referral to Planning Board Only. _ D mm�r Hw6 Manager i Comments: q Mvmgn Av;meated lnformauon: &atlget Apwavel: fua ra Dvewm Legal Apww,c - C ysmlmor Introduced For EDPasvape - ❑ First Reading Page _ of Referral uOURGII ga April 18,r 1989 Nem No. 89-165 Amending Zoning Ordinance - Contract Zone Change - IteMSubjecr: 96 Center Street - C.O. 1 89-165 Responsible Mperunenn Planning Division Commentary: The Planning Board held a public hearing on the above contract zone change request at its meeting on April 18 1989. Michael Rair, Esq., representing the applicant, discussed with the Board anended set of conditions for the contract. zone change. Noone spoke in opposition. The Planning Board voted five in favor and none opposed to recommend to the City Cmmedl that the contract zone change contained in C.O. k 89-165 (As Amended) be approved. o/ _near and Managers Comments: �U y Mvmgn Associated Information: Sudgm Approval: Fivvntt Ovenor Legal Approval: [hy SMisitn Introduced! For ®Passage LI First Reading Paw—of— El age_of_❑ Personal BK4452 PG185 89-165 (AMENDED) AnipM to Councdar - CITY OF 'BANGOR -(TITLE) (J)ryM Drs, Amending 2 ing Ord vence 96 Center Street Be U onlasbwd 6y W City CowwQ of W C[ty OJE ar,ym, ae Allows. THAT the zoning boundary .lines as established by the Zoning Map of the City of Bangor dated September 23, 1974,- as amended, be hereby +urther amended as fol}uws: By changing a parcel of land located at 96 Center Street (Tax Map No. 40, Parcel No: 95) from Commercial 2 (Contract)Zone to Commercial 2 (Contract) Zone. Said parcel containing approximately 8,784 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOWEVER, THAT,in addition to the mandatory conditions imposed by Chapter VIII, Article 21, -Section 11.3, Ordinances of the City of Bangor, said change of zone is granted subject to the " following conditions:' _ 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Permitted Uses Proposed by Applicant: 1) Any business or professional office; 2)'. Community service organizations; 3) Any other retail or service business conducted within a building, with no goods or materials dis- played or stored outdoors, except goods or materials of a seasonal nature disml'ayed for retail sale with outdoor display area limited to iS of gross floor area of the building; 4) Accessory uses on the same lot and customarily inci- dental to and subordinate to the above uses; 5) A commercial use located on premises containing a mixed residential and commercial use;.. B. - Prohibited Uses Proposed by Applicant: - qiy GR5 OFFICE 1) A bar; BANGOR, MAINE 2) Aestauradiscotheque: SEAL MAY9 1999 3) Motel or Hotl; A iRUi(WY, piiF51 ' Passggaa'',,) ' - - ExalalT a 'em cgax sK4452 ?6186 Z C. Other Conditions Proposed by Applicant: 1) Fencing around south and east side of parking lot 'shall be erected in compliance with the Zoning Ordinance; 2) .Retail operation in which actual transactions with customers shall not be conducted between the hours sof 11:00 p.m. and 6:00 a.m.; 3) A minimum number of five (5) parking spaces shall be provided on the premises by removing existing "parsonage" structure. 4) Applicant shall comply with all relevant require- ments of the Bangor Zoning Ordinance as it relates to parking under Article 21, Section 5. BX44.52 PG 179 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of W t 5. 1989, by and between the CITY OF BANGOR, a municipal corporation with a place of business located at 73 Harlow Street, in Bangor, County o4 Penobscot, State of Maine and PHILIP C. FREDERICK, of Bangor, County of Penobscot, State of Maine WITNESSETH, WHEREAS, Philip C. Frederick is the owof record of a certain parcel of land situated in Bangor, County of owner of State a+ Maine, said land being located at 96 Center Street, and being identified on City of Bangor Assessor's Map No. 40, as Lot 95. Reference may be had to a dead recorded in the Penobscot County. Registry o4 Seeds in Volume 4365, Page 351, for a more particular description of said land; and WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) tT) and Chapter VIII, Article 2, Sec. 8 and Article 21, Sec. 11 o4 the Laws and Ordinances of the City of Bangor, application was made for a contract z change, -called, to reclassify said parcel of land (said parcel hereinafter being referred to as the "subject premises") said parcel comprising a land Area of approximately 8,784 sq. 40., all asset forth in Exhibit A attached hereto and incorporated herein by reference, by changing From a Commercial 2 Zone, subject to a Contract Zoning Agreement between the parties hereto, dated December 16, 1988, recorded in Book, 4369, Page 58, Penobscot Registry o4 Deeds, to a Commercial 2 Zone under the Zoning Ordinance of the City of Bangor, said application proffering certain conditions orrestrictions relating to the physical development and/or operation of the subject premises[ and WHEREAS, subsequent to a public hearing on the matter, and after due Bansideration given to the recommendations of the Planning Board, the gor City Council adopted Council Ordinance 89-163 (as amended), whereby it reclassified the subject premises From Commercial 2 Zone to Commercial 2 Zone under the Zoning Ordinance 04 the City of Bangor subject to certain restrictions and/or conditions, a copy o4 said Council Ordinance B9-165 (as amended) and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. NCW THEREFORE, in consideration of the reclassification of the subject premises from Commercial Zone to Commercial 2 Zone under the Zoning __ Ordinance of the. City of Bangor, itis parties hereto agree as 4ollowse -- BK4452 PG180 1. Philip 0. Frederick, his successors and assigns, hereby covenants and agrees that the use, e, occupancy and/or development of the subject premises, in addition to other applicable laws, ordinances, or regulations of the City pi Bangor, shall be subject to the following restrictions and/or conditions an the physical development or operation of said Property: A. Permitted Uses Proposed by Applicant: 1) Any business or professional office. 2) Community serviceorganizations 3) Any other retail or service business conducted within a building, with no goods on materials displayed on stared outdoors, except goods or materials of a seasonal nature displayed for retail sale with outdoor display area limited to 1% of grass floor area of the building 41 Accessary uses on the same lot and customarily incidental to and subordinate to the above uses; 5) A commercial use located on premises containing a mixed residential and commercial use, B. Prohibited Uses Proposed by Applicant: 1) A bar; 2) A restaurant -discotheque] 3) Motel or hotel C. Other Conditions Proposed by Applicant: 1) Fencing around south and east side of parking lot shall be erected in compliance with the Zoning Ordinance; 2) Retail operation in which actual transactions with customers shall not be conducted between the hours of 1leOO p.m. and 6:00 a.m.1 3) A minimum number of five (5) parking spaces shall be provided an the premises by removing existing "parsonage" structure. 4) Applicant shall comply with all relevant requirements of the Bangor Zoning Ordinance as it relates to parking under Article 21. Section 5. 2. The Owner hereby agrees that the above -stated restrictions, provisions, conditions, [ ants, and agreements are made anessential part of this Agreement, shall r with the subject promises, shall bind the owner, his s and assigns, to 0 of said property o any part caner interest t r r thereof v any interact therein, sof any Party in Precession v y ai said property v any part thereof, and aha]] inure to the benefitit viof,, and be enforceable representatives, pre by,ntal the City of Bangor, by owners of its duly authorized ed land. enta[i vee, and the owner or owners of any abutting parcels of land. 3. The Owner hereby agrees that if he, or any Person claiming under or through him, shall at any time violate or attempt to violate, or shall omit to perform or observe any one or me" of the foregoing astrictions, provisions, conditions, covenants, and agreements, the City of Bangor and the abutting landowner(s)shall have the following remedies, which may be exercised by the City of Bangor either jointly or severally: a. The City of Bangor shall have the right to prosecute solations of this Agreement in the s r that it is authorized to prosecute violations untler the Zoning Ordinance of the City of Bangor in effect at the time of said violations. For the purposes herein, aviolation of this Agreement shall be deemed a violation of said Zoning Ordinance and shall be subject to the penalty provisions of said Ordinance i effect at the time of violation. Each day that a violation is permitted to exist after notification of the same pursuant to said Ordinance shall constitute a separate offense. b. The City of Bangor and/or the owner or owners of parcels of land which abut the subject premises shall have the right to institute any and all actions or proceedings, including the right to enforce all the terms and provisions of this Agreement by injunction, legal and equitable actions and all other lawful process for the enforcement of the same. The owner further agrees that the failure of the City of Bangor or the owner or of abutting parcels to abject to any violation, however long continued ,, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in no event be deemed awaiver m of the right to do so thereafter as to the same breach or violation on as to any breach or violation occurring prior to subsequent thereof. 4. The City of Bangor and the Owner hereby agrees that the provisions of this Agreement shall remain in full force and effect until a such time as the s may be modified, a ended, repealed, and/or replaced upon their written agreement. It is expressly understood by the parties hereto that any such change shall be in accordance with the laws of the State of Maine and the Zoning Ordinance of the City of Bangor, shall be treated as an amendment to said Ordinance and shall be processed accordingly. 9. The parties hereto hereby agree that nothing in this Agreement shall be construed so as to preclude the future exercise o4 the Bangor City Council's legislative authority relative to the zoning of the subject premises. In the event that the zoning of said premises is changed by the City Council, any use established under the provisions outline in paragraph 1, subparagraphs A., B., and C., above, subject to the astrictions-, provisions, conditions, covenants, and agreements contained n this Agreement, shall be allowed to continue as a nonconformity on a nonconforming u s whichever the c may be, in accordance with the provisions of the Zoning Ordinance,, as may be in effect at the time of said zone change, governing the same. 6. The parties hereto hereby agree, for themselves, their successors K4.452 PG 182 and assigns, to waive any and all rights to challenge the validity of -Council Ordinance 89-165 (as amended) or the terms of this Agreement. T. The parties herete hereby agree that if onof the restrictions, e provisions, conditions, covenants, and agreements, on portions thereof, contained in this Agreement is for anys .r n held invalid o unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that n the event any of the contracted provisions contained in paragraph 1, subparagraphs A., S., and C., above, a validated o much other provision is invalidated s s to constitute a material change in th0 restrictions, provisions, conditions, covmnants, and agreements negotiated by and between the parties, the City of Bangor on abutting land owners shall have the power to seek a reversion and/or change of the zoning of the subject promises to the current z zoning classification a maybe in effect at the time of the processing of any such reversion and/or change. Said reversion and/or change may be initiated by a representative of the City of Bangor on an abutting property owner to the subject premises, shall be processed in accordance with theprocedure established for an amendment to the ZoningOrdinance in affect at the time, and shall be valuated in accordance with the criteria established for, the review of zone change applications. It being the intent of the parties hereto that theowner n shall not be allowed to benefit from the z change for the subject premises in the event that the City of Bangor or abutting land owners e deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. e. Except as expressly modified herein, the use and occupancy of the subject premises shall be governed by and comply with the provisions of the Zoning Ordinance of the City pf Bangor and any applicable amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. Witness PM1i3ip C. Frederick CITY OO'Fp'BANGOR BY witness F- Edward A. Barrett Its City Manager OK4452 PG183 STATE of MAINE Penobscot, 55., , 1989 Then personally appeared the above-named Philip C. Frederick and acknowledged the foregoing to be his free act and deed. Before me, Printed Name: Justice of the Peace Notary Public Attorney at Law STATE OF MAINE Penobscot, as. 54NE %T- , 1989 Then personally appeared the above-named Edward A. Barrett and acknowledged the foregoing to be his free act and tleetl in his said capacity as City Manager and the free act and tleetl of said City of Bangor. Before Meg Printed Name: Notary Public QCwI Was am Lamm6tlm sane„ Awww,K as uea eK4452_ Pc184 Ln C2 5 89-165 Ov, C 9 R4 W R 5IZ F ► y Z W T 3 O O a W cc gR5 � \` C 2 NEW CONTRACi T CONDITIONS—exeisrx N SK4452 PG 187 89-165 T 4452 PG188 PROPOSED CONDITIONS BY APPLICANT A. Permitted Uses Proposed by Applicant: 1) Any business or professional office; 2) Community service organizations; 3) Any other retail or service business conducted within a building, with no goods or materials dis- played or stored outdoors, except goods ormaterials a of a nal nature displayed for retail sale with outdoor display area limited to A of gross floor area of the building; 4) Accessory uses on the same lot and customarily inci- dental to and subordinate to the above uses; 5) A commercial use located on premises containing a mixed residential and Commercial use, B. Prohibited Dees Proposed by Applicants 1) A bar; 2) A restaurant -discotheque; 3) Hotel or hotel; C. Other Conditions Proposed by Applicant: 1) Fencing around mouth and east side of parking lot shall be erected in compliance with the Zoning Ordinance; 2) Retail operation in which actual transactions with customers shall not be conducted between the hours of 11:00 p.m. and 6:00 a 3) A minimum'. number of five (5). parking spaces shall be provided on the premises by removing existing 'parsonage" structure. 4) Applicant shall comply with all relevant requirements of the Bangor zoning ordinance as it relates to parking under Article 21, Section 5. PENOBSCOT, ss REC"O 89 JUN -5 PN2:.29 ATTEST: RESSfER IS 89-165 (AMENDED) Awlennl ;o Councilor CITY OF BANGOR (TITLE) &Mlt&ITCBt Amending Zoning.. ordinance 96 Center Street Be (t ordshmd 6y the city Cewmi! of Bm Oft s£Bonmr, at fd tc THAT the zoning boundary., lineaas established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended, be hereby 4urther amended as follows: By changing a parcel of land located at 96 Center Street (Tax Map No. 40, Parcel No. 95) from Commercial 2 (Contract) Zone to Commercial 2 (Contract) Zone. Said parcel containing approximately 8,784 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed. by Chapter. VIII, Article 21, Section 11.3, Ordinances of the City of Bangor, said change of -zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following. limitations and/or restrictions: A. Permitted Uses Proposed by Applicant: 1) Any business or professional office; 2) Community service organizations; 3)Any other retail or service business conducted within a building, with no goods or materials.dis- played or stored outdoors, except goods or materials a of a seasonal nature disDlayed for retail sale with outdoor display area limited to 11 of gross floor area of the building; 4) Accessory uses on the same lot and customarily inci- dental toand subordinate to the above uses; 5) A commercial use located on premises containing a mixed residential and commercial use, B. Prohibited Uses Proposed. by Applicant: 1) A bar: 2) A restaurant -discotheque; '3) Hotel or Hotel; C. Other Conditions Proposed by Applicant: 1) Fencing around south and east side of parking Lot shall be erected in compliance with the Zoning Ordinance; 2)Retail. operation in which actual transactions with customers shall not be conducted between the hours of 11:00 p.m. and 6r00 a 3) A minimum number of five (5) parking spaces shall be provided on the premisesby removing existing parsonage" structure. 4) Applicant shall comply with all relevant require- ments of the Bangor Zoning Ordinance as it relates to parking under Article 21, Section 5. 89-165 Aedpmdb Caundlor Stone, April 10, 1989 CITY OF BANGOR (TITIi) Mrailnnmrc Amending Zoning,Ord nance 96 Center Street Beit ordained by the City Cause! of 66 City 0.0amo t. a "assn THAT the zoning boundary lines s established by the Zoning Map of the City of Bangor dated September 23,_19]4., as amended, be hereby further amended as follows; By changing a parcel of land located at 96 Center Street (Tax Map No. 40, Parcel No. 95) from Commercial 2(Contract) Zone to Commercial 2 (Contract)Zone, Said parcel containing approximately 8,784 sq, ft. and being more particularly indicated on the map attached hereto and made a part hereof.. PROVIDED HOWEVER, THAT, in addition to the mandatory conditions imposed by Chapter. VIII, Article 21, Section 11.3, Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to thefollowing. limitations and/or restrictions: A. Permitted Uses Proposed by Applicant: 1) Any business or professional office; 2) Community service organizations; 3) Any other retail or service business conducted " within abuilding, with no goods or materials' .displayed or. stared outdoors, except goods or materials of a seasonal nature displayed for retail sale with outdoor display .area limited to id of gross floor area of the building; - 4) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses: 5) A commercial .use located ort premises containing a mixed residential and commercial u B. Prohibited Uses Proposed by Applicant: 1) A bar; 2) A restaurant -discotheque; 3) Motel or hotel; x-165 ORDINANCE ( TITLE, 8t. IN CITY COUNCIL April 24, 1989 Passed by the following yes and no Councilors voting yes: Blanchette,England, Sawyer, Seal, Shubert, Soamud, Sullivan and Tilley._ Councilor absent: Stone. l /CITY CLERK Ae®pted to Councilor Stone O ellmn 89-165 2 C. Other Conditions Proposed by Applicant: 1)Fencing around south and east side of parking lot shall be erected in compliance with the. Zoning Ordinance: 2) Retail operation in which actual transactions with customers shall not be conducted between the hours of 11:00 p.m. and 6:00 a,m. 3) A minimum number of six (6) parking spaces shall be Qvided on the premises by removing existing parsonage" structure. 2. Execution by those parties with an interest in theaffected property of an agreement providing for the implementation and enforce- ment of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null and.void. 89-165 C81 C2 ST ST 6J� C 1 /) R4 IxR S F Z N W = O U Z W G R 5 LL ® \�C 2 NEW CONTRACT CONDITIONS 89-165 C 2 C&1 RECENEO MA6 2 ...:; y APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 89-165 �TO: THE CITY COUNCIL AND DATE March 13, 1989 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. IM& Philip C. Frederick 2. of 306 Birch Street, Bangor, ME Address City or Post Office Te ep one hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from Cina to the c2 sone the property outlined in re on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 96 Center Street Total Area (acres or square feet.7-94-+- 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 40 parcel 95 6. EXISTING USE: uses allowed per Contract Zoning Agreement dated: Decemb ex t , 1 7. PROPOSED USE: retail floral shop 8. NAME AND ADDRESS OF OWNER OF RECORD: Name Philip C. Frederick Address 306 Birch St. Bangor 4. NAME AND ADDRESS OF CONTRACT OWNER ('if such): 10. SIGNATURE OF OWNER OR CONTRACT OWNER: - 11. REPRESENTATIVE OF APPLICANT: Name 111peee�t�/R�., D (if applicable) Mile,¢ i. I'll, q. _ Address 82 Columbia St., Bangor 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR, ME. Application Fee: Processino Advertising Total Zone Change $90.00 $ 50.00 = $140.00 Contract Zone Change 90.00 250.00• _ $340.00 'Tomo Ads Required PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDE 89-1fi5 PROPOSED CONDITIONS BY APPLICANT A. Permitted Uses Proposed by Applicant: 1) Any business or professional office; 2) Community service organizations; 3) My other retail or service business conducted within 'a building, with no goods or Materials dis- played or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale with outdoor display area limited to it of groes floor area of the building; 4) Accessory uses on the same lot and customarily inci- dental to and subordinate to the above uses; 5) A Commercial use located on premises containing a mixed residential and commercial use; A. Prohibited Us" Proposed by Applicant: 1) A bar;' 2) A restaurant -discotheque; 3) Motel or hotel, C. Other Conditions Proposed by Applicant: 1) Fencing around South and east aide of parking .lot shall be erected in Compliance with the Zoning Ordinance; 2) Retail operation in Which actual transactions with customers shall not be conducted between the hours Of 11:00 p.m. and 6:00 a.m.; 3) A minimumnumberof five (5) parking spaces shall be provided on the premises by removing existing parsonage" structure. 4) Applicant shall comply with all relevant requirements of the Bangor zoning ordinance as it relates to. parking under Article 21, Section 5: RECEIVED APR 1 8 1989 89-165 d. The Commercial 3 Zone allows a number of heavy commercial uses not allowed in C-2, such as lumber and building supply, auto truck and equipment sales and service. In addition the C-3 Zone allows several light industrial special exception The development standards are roughly similar but there are some differences. e. As a zoning policy issue e the Planning Staff would recommend that the City not zone Stillwater Avenue frontage C-3 and that C-2 zoning be maintained for approximately 500 feet of depth back from Stillwater Avenue. The proposed request is consistent with that policy. The Planning Staff would recommend that the Planning guard recommend approval if they concur with the proposed zoning policy. `]tem No. 9 Zone Change - 96 Center Street - Phil Frederick - L.O. g 89-165 a. Applicant requests a change in the contract zone conditions for the building located at 96 Center Street. This property s previously approved ascontract c n commercial zone In November of 1958. One oftheconditionsoffered by the applicant was that the existing parish house would'be -r zed and 15 parking spaces would be created. The building was removed but there is insufficient space for 15 parking spac- es. b. At this time the applicant is seeking to revise the contract to specify only 6 parking spaces. There ape other chang- es proposed to the contract. The Planning Staff would recom- mend om- mend that the floor area of the building be tied to the umber of spaces to be provided. Initially, it was thought that the site development (church) would be considered "grandfathered" (nonconforming) in terms of parking and that the contract z should include the required parking. The building w estimated at approximately 5,000 square feet and 15 spaces would be adequate. C. Staff would recommend that the Contract include a statement that the development would meet the parking requirement -of one space per every 300 square feet. Staff would favor limiting the floor area to 1,500 sq. ft. for c s commercial use. Another option wouldbe -for the applicant to provide the additional parking required off-site. _ d. Staff would not recommend the proposed amendment without some additional language to address parking. Qu of pmagare Almim DEPARTMENT OF PLAN N ING AND POMMUKPTY DEVELOPMENT Dwe July 26, 1989 Arm M. ldtl ammntrq Officer Subject: PoG+1-1i 7-,,- Prorl- All- II - C.Q. a SSE165( As Amanded Attached is the original Copy of the Contract Zone Change Agreement between the City of HaI and Philip C. tYederick for property located at 96 Center Street. Pleeae keep this Agreement on file sI C.O. # 89-165 (As 4mended). 12 Qu of pmagare Almim DEPARTMENT OF PLAN N ING AND POMMUKPTY DEVELOPMENT Dwe July 26, 1989 Arm M. ldtl ammntrq Officer Subject: PoG+1-1i 7-,,- Prorl- All- II - C.Q. a SSE165( As Amanded Attached is the original Copy of the Contract Zone Change Agreement between the City of HaI and Philip C. tYederick for property located at 96 Center Street. Pleeae keep this Agreement on file sI C.O. # 89-165 (As 4mended).