Loading...
HomeMy WebLinkAbout06-03 CC Ordinance I I I ORDINANCE NO. 06-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353, LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN AREA, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD (PLANNING APPLICATION PA05-o404) THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY ORDAIN AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Ashby USA llC, filed Planning Application No. PA05-0404, Development Agreement Amendment for the property consisting of approximately 805 acres generally located near the future intersections of Nicholas Road and Butterfield Stage Road, and Murrieta Hot Springs Road and Butterfield Stage Road, generally known as the Roripaugh Ranch Specific Plan No. 11 ("Project"); B. The application for the Project was processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; C. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1, 2006 to consider the application for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-15 recommending the City Council approve a Development Agreement Amendment; E. On February 14, 2006, the City Council of the City of Temecula held a duly noticed public hearing, and a second reading on February 28, 2006 on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters; F. The development agreement amendment, is consistent with the goals and policies of the approved Roripaugh Ranch Specific Plan and Development Agreement, R:/Ords 2006l0rds 06-03 I I I and the proposed development agreement amendment would further the City's long- term economic development goals; Section 2. Environmental Comoliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The City Council finds, determines and declares, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the First Amendment to the Development Agreement and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required under Sections 15161 and 15162 of the CEQA Guidelines and the Council directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Aooroval. The City Council of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" and authorizes the Mayor to execute the First Amendment in substantially the form attached as Exhibit A to this Ordinance. Section 4. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. R:/Ords 2006l0rds 06-03 2 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 2006. A TIEST: lJ [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ~ Ron Roberts, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of February, 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of February, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: R:/Ords 2006/0rds 06-03 Comerchero, Edwards, Naggar, Washington, Roberts None None None Sus n W. Jones, MMC City Clerk 3 I I EXHIBIT A RORIPAUGH RANCH. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT I I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecu1a 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: City Clerk I Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder' s use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA. LLC lRORIPAUGH RANCH SPECIFIC PLANl This First Amendment to Development Agreement is made and entered into as of February 14, 2006, by and between the CITY OF TEMECULA, a California municipal corporation ("City''), ASHBY USA, LLC, a California limited liability company, DAVIDSON RORIP AUGH RANCH 122, LLC, a California limited liability company, TANAMERA RORIPAUGH, LLC, a California limited liability company, and T ANAMERA RORIP AUGH II, LLC, a California limited liability company, (collectively "OWNER'') pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties .hereto agree as follows: I 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City ofTemecula and . Ashby USA, LLC (also known as the "Preannexation and Development Agreement'') was '. .799862.5 12/21/05 I I approved by Ordinance of the City Council on December 17,2002 and recorded on January 9,2003 as Document No. 2003-018567 in the Official Records of the County of Riverside (''Development Agreement''). b. The real property which is subject to the Development Agreement and this First Amendment is generally known as the Roripaugh Ranch Project and is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ("Property"). c. On October 21,2004, the City and the Developer entered into that certain ''First Operating Memorandum to the ReCorded Development Agreement between the City of Temecula and Ashby USA (Roripaugh Ranch Project)" pursuant to Section .3.55 of the Development Agreement ("First Operating Memorandum''). The First Operating Memorandum was recorded as Document No. 2004-087441 in the Official Records of the County of Riverside on November 3, 2004. The First Operating Memorandum provides additional funding for the construction of the permanent fire station described in Section 4.1.6 which fire Station is necessary to provide fire protection . for the Project. Accordingly, an amendment to the Development Agreement is required in order to increase the number of homes that can be built during construction of the permanent fire station. I d. On September 23, 2003, the CITY and Ashby USA LLC entered into that certain "Agreement to Defer Completion of Conditions of Approval Until After Recordation ofFinaI Map for Tract No. 29353-2 (Roripaugh Ranch Specific Plan)" (''Deferral Agreemenf'). The Deferral Agreement was recorded as Document No. 2003- 744646 in the Official Records of the County of Riverside on September 24,2003. Said Deferral Agreement provides f9l" the deferral of certain obligations with respect to the development of the Property. e. Portions of the Property have been sold to merchant builders who have taken their properties subject to the rights and obligations oftbe Development Agreement. The merchant builders are: DA VInSON RORIP AUGH RANCH 122, LLC, a California limited liability company; T ANAMERA RORIP AUGH, LLC, a California limited liability company, and TANAMERAJRORIPAUGH 0, LLC, a California limited liability company (''Merchant Builders''). The Merchant Builders have by separate agreement, to which the CITY is not a party, designated Ashby USA LLC as the OWNERS' agent to complete the pUblic improvements required by the Development Agreement and the Conditions of Approval of the Land Use Entitlements for the Project. OWNERS warrant and represent to the City that all persons have an ownership interest or other interest in the Property have executed it as a party or have signed the Consent and Subordinantion attached hereto and, further, no other persons are required to approve this First Amendment. . I' f. Section 4.1.6 of the Development Agreement provides that only 107 building permits for residential units may be issued for Planning Areas lA, 2, and 3 .until the permanent fire station which will serve the Project ("Fire Station'') is constructed but that the Fire Chief of the City of Temecula may, in his sole discretion, 799862.5 12121/05 2 I I issue up to 250 total residential units on Planning Areas lA, 2, 3; 4A and 4B so long as the permanent fire station and the Secondary Access as defmed in Attachment 5, are substantially under construction. g. The additional funding for the pennanent fire station provided in the First Operating Memorandum, has enabled the City to accelerate the construction of the permanent fire station. The Temecula Fire Chief bas now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The Fire Chief bas further determined that no more than 515 units with the Project be served until such time as the "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road have been completed. h. It is the intent of the parties in entering into this First Amendment to the Development Agreement that the limitations on the schedule for issuance of building permits necessitated by the availability of fire protection be modified given the . current construction of the permanent fire station and fire station access, but that other limitations on the issuance of building permits necessitated by other impacts remain in place as provided in the Development Agreement and the Conditions of Approval. i. The Planning Commission of the City ofTemecula held a duly noticed public hearing on February 1,2006 and by Resolution No. 06-_ . recommended to the City Council that this First Amendment be approved. j. On February 14, 2006, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Negative Declaration and the proposed First Amendment Ordinance No. 06-_ introduced on February 14,2006 and adopted on February 28, 2006 approved this First Amendment 2. Section 4.1.6, Fire Service Improvements, of the Development-Agreement is hereby amended to read as follows: "4.1.6 Fire Service Improvements. The following shall satisfY OWNER's obligations regarding this component. . "a. Convevance of Land. On or before the thirtieth (30') calendar day after the Annexation Date of this Agreement, OWNER . accomplish the following: "1. Fee simple title shall be conveyed to CITY, free and clear of all liens and matters of record; "2. OWNER shall provide CITY a CL T A insura,nce policy insuring CITY's title to the Station Site in an amount equal to the fair market value of the Station Site. I 799862.5 12/21/05 3 I "3. The parcel shall have not less than one and one-half (1.5) acre of flat land usable for development as a CITY fire station. In no event shall the site be in excess oftbree (3) gross acres. "4. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, the OWNER has conveyed the fire station property to the CITY as required by subsections a.l to a.3. "b. Gradinl!. Prior to the issuance of the first (1" ) building pennit, OWNER shall rough grade the parcel. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has graded the Fire'Station site. "c. Construction. Pursuant to Section 4.1.3.1 OWNER shall tender the sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money from OWNER for the purpose of CITY's design and construction of a fire station and acquisition oftiUe to a fire truck of CITY's sole selection. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has transferred the $2 million to the CITY pursuant to this subsection. I "d. Issuance of 515 Buildinl! Permits. "I. As of the date of the First Amendment to the Development Agreement: (1) OWNER has paid to the City the sum of $2 million pursuant to Section 4.1.5 c. of this Agreement; (2) OWNER has paid the additional swn of$I.1 million to the City for the construction of the pennanent fire station pursuant to Section 1 of the First Operating Memorandwn; (3) CITY has approved plans and specifications for the permanent fire station ("Fire Station~'); (4) City has let a contract for construction of the permanent Fire Station; and (5) the permanent Fire Station is under construction. . . I ''2, . With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, up to a maximwn of five hundred fifteen (515) residential building permits for Planning Areas lA, 2, 3, 4A and 4B shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under . construction; (2) permanent access to the Fire Station via Butterfield Stage . Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have 799862.5 12121105 4 I been fulfil1ed. If the conditions described in clauses (I) and (4) of this subsection have been fulfilled, but the conditions described in clauses (2) and (3) of this subsection has not been fulfilled, then the City Manager shall not issue more than one hundred seven (107) building permits until such time as lIll conditions described in this subsection have been fulfilled. I "3. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, no more than five hundred fifteen building permits for the Project shall be issued until such time as: (1) the Secondary Access, as defined in Attachment 5 to the Development Agreement is completed; (2) permanent access on Murrieta Hot Springs Road and Butterfield Stage Road to the Fire Station are complete; and (3) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. "e. Fire Station ConstructionStreet Inmrovements. OWNER shall, subject to final review and Acceptance by CITY, construct the'street improvements adj acent to the Fire Station in conformance with the conditions set forth in Att3chment 5 to this Agreement and subject to the CITY's approved street improvemeiJ.t plans for the public street(s) which are immediately adjacent to the Fire Station. OWNER shall commence and complete the street improvements, including but not limited to, asphalt concrete travel lanes, concrete curb and gutter, sidewalk per Specific Plan and right-of-way landscaping as required by CITY. The improvements described in this Section shall be completed not less than thirty (30) calendar days prior to the date the CITY will place the Fire Station in full operation. Owner hereby grants a license to the City over or through its property adjacent to the Fire Station for the purposes of allowing access to the Fire Station for construction and operation of the Fire Station which license shall terminate upon the acceptance of the streets adjacent to the Fire Station into the City-maintained street system. City and Owner may fulfill the access requirement by entering into a separate license agreement with specific details of the rights and obligations of the parties. I "f. DIP. ComDOnent Release. Upon the funding of the public finance district or other financing mechanism and CITY's ability to utilize such monies for construction of a permanent fire station as described in Section 4.1.6, and the Acceptance of title to the site, then OWNER's further obligations to pay the Fire Component of the DIF will be credited by CITY, and CITY shaII not impose restrictions on building permit issuance based upon nonpayment of the Fire Component of the DIF. "g. Limitation on Particitlation. The OWNER agrees to not participate in the design or construction of the Fire Station, even if it is funded by a public financing district. However, to ensure architectural compatibility with future development, CITY agrees to al10w OWNER's 799862.5 . 12/21/05 5 I architect to coordinate with the architect hired by CITY for the sole purpose of providing input into the architectural themes of the exterior to the fire station." 3. Except as specifically set forth herein, all other terms and conditions of the Development AgreementshaIl remain in full force and effect. 4. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject niatter hereof, except for the First Operating Memorandum, the Deferral Agreement, and First Amendment to the Deferral Agreement are merged into this Agreement and sha1l be of no further force or effect. 5. This First Amendment sha1l not be effective and shall not be recorded . until such time as each owner of the Property has duly executed this First Amendment to . Development Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attsched hereto. . I I 799862.5 12/21/05 6. I IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: I Peter M. Thorson City Attorney I 799862.5. 12121/05 . 7 I ASHBY USA, LLC, a California limited liability compaoy By: Ashby Development Co., Inc., its Managing Partner By: Justin K. Ashby President By: USA Investment Partners, LLC, a Nevada limited liability company, its member By: USA Commercial Mortgage Company, a Nevada corporation, its non-Member Manager. I By: , Joseph D. Milanowski President I 799862.5 12121/05 8 . u.... ..-............... I I I DAVIDSON RORIPAUGH RANCH 122, LLC Name: Title: Name: Title: 799862.5 12/21/05 9 I TANAMERA RORIPAUGH, LLC, a California limited liability company Name: Title: Name: Title: I I 799862.5 12121/05 . . 10 I TANAMERA RORIPAUGH II, LLC, a California limited liability company Name: Title: Name: Title: I I 799862.5 12121/05 II I LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1. _ ("Lender'') holds a security interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Ashby USA, LLC, aCalifornia limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal cozporation ("City''). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. I 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the First Amendment to the Development Agreement and the and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests iD. the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: I 799862.5 12121/05 12 I IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of February --,2006. Lender: Name: Title: Name: Title: I I 799862.5 12121/05 13 I I I 799862.5 12121105 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 14 . il RORIPAUGHRANCH PROJECT 1 , ~etes and Bounds description of the North one-half of the North one-half of Section 20 of TIS, R2W, S.B.M. BeJimUng at the Northeast comer of said Section 20, thence along the easterly line of said Section 20 South 00 34' 31"W 1319.80 feet to IhCNorth Sixteenth corner thereof; 'Ibeacealong the Southerly line of the North one-balf of the North one-half of said Section 20 North 88"36'41" West, a distance of 5229.85 feet to the North Sixteenth COI:IICl thereof; 'Ibenc:o along the weSt line of said Section 20 North 00"26' 13" West,.a dis1aDce of 1319.23 feet to the Northwest comer thereof; Thence along the Northerly line of said Section 20 South 88037'05" East, a distance of 5233.02 feet to the Point of Beginning. containing an area of 158.45 acres, more or less. . 'I1W ~on is for eld1ibit purposes only. The lJ:Ue legal description is: The North onc-balf of the North ODC-half of Section 20, TowDship 7 South, Range 2 W cst. San Bernardino Base and Meridian, County ofRivcirside, State of Cli1ifomia. according to the Official Plat thereof. II ,. .' / I I J "",aby coni/yo un~., tho penally. of porJ.ry 11>01 . 111. abov. ond foregoIng la . true .nd correct COP' . of an original on !l.pe'lI within lb. r.cords of Ill. CIIy.o/ T......I.. Inwlln..s where.f,1 ~.v. ~.reunlo 'el my hond and aflx.fjtS:aJ: th. Clly of T.lIlOcul. !hls~sy of .!b M' .Ia A. BaJlr91ch, D.puty City C1.rIc < - II . ! I I!. J. . RORIPAUGB RANCH PROJECT .. M~tes and Bounds description of Section 21 of TIS, R2W, S.BM. . Beginning at the Northeast comer of said Section 21, thence along the easterly tiDe of said Section 21 South 0" 59' 15" West 2664.97 feet to the East quarter section comer; thence continuing along said easterly line South 00 2i ' 34" West 2636.07 feet to the Southeast comer of said Section 21; thence along the Southerly IiDe of said section North 890 39~ 13" West S282.88 feet to the Southwest comer of said section; thencc.a1ong the westerly line of said section North 00 33' 47" East 3809.86 feet to the North sixteenth comer of said section; thence continuiDg along said westerly line North 0"34' 31" Bast 1319.80 feet to the Northwest section comer, thence along the northerly line of said section North 880 29' 37" East S296.39fect to the.point ofBcgi1ming, containing an area of 632.2 acres, more or less. .. . . This description is for exhibit p1IlpOSes only. nie true legal description is: Section 21, ToWDShip 7 South, Range 2 West. San BemanJino Base and Meridian, County of Riverside, State of California, according to the OfIidal Plat thereof. . ...... I, II f' . ~. RORIPAUGH RANCH PROJEcr 3 Metes and Bounds description of a portion of Section 20 of17S, R2W, S,B.M. Commencing at the North sixlcentb comer of Sec:ti0ll20, Township 7 South, Raup 2 West, SaD Bernardino Base and Meridian, being the Northeast comer of that certain . puee! designated 88 "Not a Pan" 88 shOWD by Parcel Map on filo in BooIc I, of Pan:cl MIpB, pages 44 throqh 46.lbercof, Records of tile County of Riverside, California; lhem:e aloog the easterly line of said SectIon 20 SoIltb 0" 33'47" W, a distance or 974.13 feet to !he TnIc Point ofBeglmring; ThCIICC North 8~'S8" West. a distance of 929.8J feet more or leu to the EaslerJy line of !he IllIId COII'Ieyed to the Metropolitan Watcr District of SoutbMl CalIfornia oy deed teconlcd AprIl 24, 1968 as InSlnImcDt No. 3m4. Official Rcconls of sald Collll!)'; ThCllcc aJong said Easterly line Nor1b 12"32'09" Bast, a distance of 762.69 fee!; ThCIJcc on a line parallel with the Soutb 1iDc or said parcel dcalgnated as "Not a PlIIt" South S9025'58" East, a diatancc of 771.65 feet to the True Point ot'Beginning, COIllaining In area of 14.57 ac:ra. more or less. This desaiplion Is for exhibit JlIIlPOSe$ only. ~ I horoby CBrUly, ''''rlor Ih Ibo obovo a.nd toregOln ~ ponolly of Im~"..y lI:s.. . of an odglna/ On dop r, 'a a lruo and corr.., ""fly . CIty 0/ romocu,o In :, WI/hln fh"'.oordo of me ho,....,o aol my hand a;o" Wh81iol, I havo . . ~'ly of ramaeula thls~:"~Ool2of tho ell A. Bartrelc:h, Deputy C ly Cle/t OS by: '