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HomeMy WebLinkAboutR-1992-071� M♦ ,i RESOLUTION NO. 71 -92 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING DEVELOPER'S AGREEMENT BY AND BETWEEN M. I .M.E. , INC. , AND THE CITY OF DANIA, i FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Developer' s Agreement between i M. I.M.E. , Inc. , and the City of Dania, Florida, a copy of which is �.. attached hereto as Exhibit "A" , be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. Section 2 . That this resolution shall be in force and take jeffect immediately upon its passage and adoption. JJ) PASSED and ADOPTED this 12TH day of MAY , 1992. MAYOR - C ISSIONER ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FRANK C. ADLER, City Attorney I : t f Resolution No. 71-92 �, EXHIBIT "Aft I 1 Y f I7 DVVF.LOPf:R'S AGREEMENT and'Ag71tS bEVFLOPEA'S ACRE :eeaenc is made _ entered into this day of 1992, by and between � . M.f.M.E. , INC., hereinafter referred to as "Developer" and the ' � -- City of Dania, a political subdivision of the State of Florida, hereinafter referred to as "City'. WHEREAS, Developer owns or controls or has an interest in lands located in Broward County, Florida, and described in . . Exhibit "A" attached hereto and made a part hereof as if fully - set out in this Paragraph and referred to herein as the (: "Property", and Developer plans to develop the Property by 9' r • erecting thereon an amusement facility; and •' .:r- WHEREAS. Developer has received site plan approval and G special exception approval from the City on November 26, 1991 for its proposed development of the Property (collectively the IP , ii- ..,s+�tYrtNk'."=s'l,Jf':'tC^+•�" 'iy "Approval"); and WHEREAS, Developer has agreed, as one of the conditions _tq the Approval that the use of the Property shall not constitute a nuisance or result in an undesirable use and has agreed to certain other conditions, all as set forth herein; and I - WHEREAS, Developer has agreed to certain other conditions l with respect to the Approval, all as set forth herein; t NOW, THEREFORE, for and !n consideration of the prom[ses, i� the mutual undertaking and agreements herein contained and - . assumed, Developer and City hereby covenant and agree as follows: i i 1. The foregoing statements are true and correct and are ,;ti,�_},A�;�y�:�y,�;";,�;,,,y,�,„�•;;,j incorporated herein by reference. 2. The Developer agrees to install a water main along _ ' - Dania Beach Boulevard, as recommended by the City Utilities Director and the City Fire Chief. The Developer also agrees to dedicate a ten (10) foot right of way for Bryan Road, as required by the Broward County Trafficways Plan. '.z.1 - 3. Upon completion of the above-referenced water main, Developer hereby covenants and agrees to transfer, or cause to be transferred, ownership and control of same to City. Conveyance of the water main and the ten (10) foot right of way shall be in 'C' •. accordance with the proAll Charter and the City )•rue,,I\)),6,-9COt.,)pf,OV•-l�I0 . , ..•:r ,y _J. .-__n - ,.....w...--..__ _ _. .. - ... _-. .rme�.. .rnw ^^^ice: ,• T. 'T,. ,r .ti4. 1.0'v. r ..tea j.l evidence of such sat:sfact:cn and discharge to be entered In the Official Records o: Droward County. S. The business activities to be conducted upon the - Property by the Developer shall not constitute a nuisance, as i such term is established and defined In Section 823.05, Florida 11� ,r Statutes, a copy of which is attached hereto as Exhibit "C". In the event the City Commission determines, after due process 4� • hearing, in accordance with applicable law and regulation, that such a nuisance exists upon the Property, the City may require '1 the nuisance be abated within a time certain, the failure thereof ff shall result in an order requiring Developer to cease whatever activities are so causing same. e• ;a 6. This Agreement shall be binding upon and shall inure to E•. r the benefit of Developer, City and their respective assigns and corporate successors by merger, consolidation or conveyance. pia - 7. Until further written notice by either party to the other, all notices provided for herein shall be in writing and - transmitted by messenger, by mail, or by telegram to the address , indicated on the signature page of this Agreement. 8. This Agreement supersedes all previous Agreements or 't representations, either verbal or written, heretofore in effect -� between Developer and City,y, made with respect to the matters - herein contained, and when duly executed, constitutes the i ' Agreement between Developer and City. No additions, alterations rrn F.r x or variations of the terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party without the express consent of each art yR@.t ::W}ocr•<-:•Jr�..t rn.-,,. •a,-.•,.,,,;y.•:l P Y, unless such additions, "�.��• - - • alterations, variations or waivers are expressed in writing and . r• duly signed by each party. 9. This Agreement shall be recorded among the Publicv,t Records of Broward County, Florida, for the particular purpose of placing all owners or occupants of properties in Developer's i Property upon notice of each and every one of the provisions herein contained to the same extent and with the same force andFr + - effect as if said owners and occupants had joined with the {� parties to this Agreement in the execution hereof: and the iL'>•``„� ,,qf acquisition or occupancy of property in Developer's Property - � .. .mao..o.r.."ac..u". ._.u,.00sc tune.•e,.•u...cnwe.•e.w....am, ....•. m,....,..... ...-, S+llGCSiYC � t .r 2.aa•c• ti per, S .4 ' X y J I ISO I EFILM RCFILM 1 _ S rr H` Y 5 yyY u evidence of such 5a[t5Cact:cn and discharge to be entered :a ;he ' Official Records of Broward County. i 5. The business activities to be conducted upon the Property by the Developer shall not constitute a nuisance, as such term is established and defined in Section 823.05, Florida Statutes, a Cop y of which is attached hereto as Exhibit "C". In the event the City Commission determines, after due process hearing, in accordance with applicable law and regulation, that such a nuisance exists upon the Property, the City may require -:� the nuisance be abated within a time certain, the failure thereof shall result in an order requiring Developer to cease whatever activities are so causing same. 6. This Agreement shall be binding upon and shall inure to ' .i the benefit of Developer, City and their respective assigns and corporate successors by merger, consolidation or conveyance. i7. Until further written notice by either party to the�•r'�!�=t9,!+r:\ii !si:�.^! I .. ,. �1 other, all notices provided for herein shall be in writing and transmitted by messenger, by mail, or by telegram to the address 1 indicated on the signature page of this Agreement. 8. This Agreement supersedes all previous Agreements or - • representations, either verbal or written, heretofore in effect . between Developer and City, made with respect to the Batters ' - herein contained, and when duly executed, constitutes the ' Agreement between Developer and City. No additions, alterations i or variations of the terms of this Agreement shall be valid, nor _ - can provisions of this Agreement be waived by either party without the express consent of each party, unless such additions, yr.�.'GT 1.::'�'S2JA ..H..pR.:t.:�Y•�7 alterations, variations or waivers are expressed in writing and duly signed by each party. 9. This Agreement shall be recorded among the Public Records of Broward County, Florida, for the particular purpose of . . placing all owners or occupants of properties in Developer's I Property upon notice of each and ever one of the' _• :, P Y P y provisions � .- � �•' � herein contained to the same extent and with the same force and I - � '. effect as if said owners and occupants had joined with the parties to this Agreement in the execution hereof: and thn acquisition or occupancy of property in Developer 's Property raJ . \. _ 1 l 1 r _ t �i7]1 { snail be 3vemed conclusive ev:dence o' •he fact :hat the said cvners or occupants have consented to and accepted the Agreement herein contained and have becc:-e bound thereby. 10. This Agreement shall be governed by the Ordinances of the City of Dania and laws of the State of Florida, and it shall If) w be and become effective immediately upon execution by both ! parties hereto. t IN WITNESS WHEREOF, Developer and City have executed or have ` caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart - r shall be considered an original executed copy of this Agreement. - . c WITNESSES: CITY OF DANIA By: Bill Hyde. Mayor .. /. Py. Robert F ac ey, City Manager - ATTEST: �+ Wanda Mullikin, City Clerk �s5' APPROVED AS TO FORM AND- CORRECTNESS: NOTICE TO CITY: Robert Flatlet', City Manager _''"'^. 100 West Dania Beach Boulevard I r CITY ATTORNEY Dania, Florida 33004 +e a : y WITNESSES: M.I.M.E., INC. e By•MERRILL COHEN, President NOTICE TO DEVELOPER: E M.I.M.E., Inc. "'- . . 501 West Lake Dasha Drive Plantation, Florida 33324 With�a copy to: ALAN J. KAN, ESQUIRE BEDZOW KORN KAN b GLASER, P.A. 11077 Biscayne Boulevard I'r Penthouse Suite Miami, Florida 33161-9002 b�l �4.- . .._�.,. o.. •..oh _.— _ . i (I EXHIBIT "A1/ s � DLVELOPER'S ACREt_EHT THIS DEVELOPER'S ACREEMENT (the "Agreement") is made and y entered into this day of 1992, by and between M.I.M.E. , INC. , hereinafter referred to as "Developer" and the . - -- City of Dania, a political subdivision of the State of Florida, 'f hereinafter referred to as "City", WHEREAS, Developer owns or controls or has an interest in lands located in Broward County, Florida, and described in Exhibit "A" attached hereto and made a part hereof as if fully - set out in this Paragraph and referred to herein as the -,� "Property", and Developer plans to develop the Property by - - � erecting thereon an amusement facility; and I WHEREAS Developer has received site plan approval and i special exception approval from the City on November 26, 1991 for . its proposed development of the Property (collect lvely the 4:.e�..:� 7"rY4c:=1•�Ni•ti'r?+.•;ri}'.'�� "Approval"): and WHEREAS, Developer has agreed, as one of the conditiona .tqthe Approval that the use of the Property shall not Constitute a nuisance or result In an undesirable use and has agreed to certain other conditions, all as set forth herein; and WHEREAS, Developer has agreed to certain other conditions with respect to the Approval, all as set forth herein; - NOW, THEREFORE, for and in consideration of the promises, the mutual undertaking and agreements herein contained and _ assumed, Developer and City hereby covenant and agree as follows: 1. The foregoing statements are true and correct and are �•,.� ,_.���iy�:.�:r.:.�=:.i"a�"a::�i incorporated herein by reference. 2. The Developer agrees to install a water main along j Dania Beach Boulevard, as recommended by the City Utilities Director and the City Fire Chief. The Developer also agrees to j dedicate a ten (10) foot right of way for Bryan Road, as required by the Broward County Trafficways Plan. _ 7. Upon completion of the above-referenced water main, 1 - Developer hereby covenants and agrees to transfer, or cause to be transferred, ownership and control of same to City. Conveyance - of the water main and the ten (10) foot right of way shall be in accordance with the provi�Q,'N q e City Charter and the City T.lL/1 Ccde of Ordir.anccs. fort- .A5 e. evidence Of said transfers of title, Developer shall convey the water rain and right of way by "Bill of Sale" in fora satisfactoryCit to y's counsel. <. The Developer has agreed to pay for fifty percent (501) of the improvements set forth in Exhibit "B" attached hereto, r The Developer agrees to pay the City the sum of $34,396.93 within sixty (60) days of receiving written notice from the City that the City, or its designee, has completed the construction of the Improvements set forth on Exhibit "B". To ensure compliance with :he provisions of this paragraph a: A. This Agreement shall be recorded in the Official Records of Broward County and a lien is hereby imposed by the ' ( -� City against all of the real property situated within the . . Property for the amount of money that the Developer has agreed to f Pay pursuant to this paragraph, to wit: $34,396.93. Such lien I < ..,,,e,r�,.,.rry,•,��q,.,-y,�,.G,}.na;�nay shall continue from the date of this Agreement until fully paid, discharged, released or barred by law. B. In the event that the amount of money or any portion thereof the Developer has agreed to pay pursuant hereto '. becomes due and payable as provided herein and continues unpaid for thirty (30) days or more after written notice from City to `- Developer that the money is due, thereafter, the entire unpaid r ' balance of such amount, plus costs and interest accrued from the - due date at a rate of ten percent (201) per annum, shall become } - - immediately due and payable and may be recovered by City against the Developer in a civil action, or the lien created hereby, plus G. - such costs and interest, may be foreclosed or otherwise enforced by the City by action or suit in equity as for the foreclosure of - a mortgage on real property. - C. The lien of any mortgage on the real property within the Property shall be subordinated to the rights of the City with respect to the lien created by this Agreement. The Developer shall cause this Agreement to be executed by the holder �• - - . . � of any such mortgage as Consent to such subordination. D. When the lien created hereby has been fully paid r; or discharged, or become null and void by operation of the provisions of this Agreement, the City Shall promptly cause 1 STATE OF FLORIDA ) .. 1 SS: COUNTY OF BROWARD ) - BEFORE ME, the undersigned authority, duly authorized to take ackncwledgments and administer oaths, personally appeared - Bill Hyde, as Mayor, Robert Flatley, as City Manager, and Wanda Mullikin, as City Clerk, of the City of Dania, a municipal _ corporation of the state of Florida, who are personally known to me, and did take an oath, and they acknowledged before me individually, jointly and severally, that they executed the foregoing Developer's Agreement for and on behalf of the City of , Dania for the matters set forth therein. - F:W0kN TO AND SUBSCRIBED before me this day of 1992. 1 , Notary Public, State of Florida My Commission Expires: Print Name: STATE OF FLORIDA ) .( SS: .t� COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared MERRILL COHEN, as President of M.I.M.E. INC., who is personally known to me, and did take an oath, and who acknowledged before me '`�="•'�'•`K`�"� `s� �'p'"� 'p that he executed the foregoing Developer's Agreement for and on 'r•'i'�` behalf of M.I.M.E. , Inc., for the matters set forth therein. •� SWORN TO AND SUBSCRIBED before me this day of G rt$,' •: j 1992. Notary Public, State or Florida My Commission Expires: Print Name: ). �:^•• " - �. JOINDER OF MORTGAGEE 1 WITNESSES: BARNETT BANK OF SOUTH FLORIDA, N.A. By and through: day of 1992 STATE OF FLORIDA ) i ...i..n . . !:�.:.•lye r,ar!:M.�•4::.i?M ) SS: COUNTY OF BROWARD ) ' BEFORE ME, personally appeared as of BARNETT BANK OF SQUIH FLORIDA, N.A. , personally nown o me o be the person described in and who executed this Agreement, who did take an oath and 'acknowledged to me and before - me that he executee same for the purposes herein expressed. WITNESS my hand and official seal, this day of 1992. Notary a ic, btate or Florida - My Commission Expires: • - Print Name: - 8BR192230/S 1 . . _ _ .__... _ . �__ -......•o .. .tee:e...--• _. .,�.... �^ni r_'i.r'E" v•7 w~"�Y1t it - . . •. e f� E X EI I B I T "A" Block 8 , Less the West 326 . 50 feet thereof (as measured at right angles) of "'PIGLRAIL GRO Z RESU301VISI01:" zs recorded in Plat Book 30 , Page 20 , of the Public Records of Sroward County , Florida. 1 i , I r i 1 , nn"' ' ' ' i ^ i i Page 1 M.I.M.E., Inc. January 23, 1990 City of Dania, FL For- M . Merril Cohen ENGINEER'S OPTIIIOM OF PROBABLE COSTS FOR ROAD IMPROVEMENTS DINIA BEACH BOULEVARD ---------------------------- i ------------------------------------------ Itee No. Description Quantity Unit Unit Cost Aeount I Paid by Bon Omver Aeount ---------------------------------------------------------------------------------------------------- A. ROWdA7 ITEMS ; 130-70 Stabilized Subbase (120) 5610.00 ST 2.55 14484.00 200 1 2 Liecrock Base (6°) 3687.00 ST 6.00 23322.00 ; 536.00 GA 2.35 1264.70 300-1-1 Bit. Mat. (Price coat) `.' 300-1-3 Bit. Mat. (Tack coat) 160.00 GA 1.60 2I6.00 331-72-10 Type S-1 Asph. Cone. (1") 7567.00 Sy 2.90 30402.30 522-1 Cone. Sidevalk (4" thick) 754.00 Sy 12.00 9048.00 575-1-3 Sodding (Argentine Bahia) 3136.00 Sy 2.65 ------0- 67124.30 0.50 33562.15 ' B. SIGHING AMD PAVEMENT MARKINGS 700-1-3 Roadside Sign, Stop (30") 1.00 AS 175.00 175.00 700-1-10 Roadside sign (3sf or less) 2.00 AS 175.00 350.00 706-1 12 Reflective Pavt. Marker 35.00 EA 3.70 129.50 711 2 Skip traffic stripe (4") 340.00 LF 0.55 167.00 711-6-41 Solid traffic stripe (4") 2630.00 LF 0.30 769.00 C° x j 75 711-6-241 Solid traffic stripe (24") 15.00 LF 2.65 --------- J ! 1670.25 0.50 135.13 ry J TOTAL PROBABLE CONSTRUCTION COST* ....5 63794.55 } REQUIRED BOND AMOUNT ...........................5 3/797.26 C=) III CT co Prepared by: C=) C07.20 CASTELLA CARBALLO TEOMP5011 Consulting Engineers 75 Valencia Avenue, 6th Floor Coral Cables, F1 33134 Tel. 1-100-448 0227 i a rl7Cl� �sr�lm- PUnuc_:u15ar:c ES —, Ch. 923 CHAPTER 023 it PUBLIC NUJSA.1;CES f mortgages. 223 01 ^cr penally. • ^,:c as provvdcd In ;. 775.0O2. :. 775 C33. or s :::car^curd 02302 S"::a ocowacs 775C34 of a m.4'0 223 0•t A r ;u^enn(j ro'n d�:case or pests. r�•'•�1 -fM as)n].1.c:5y)Cot rya. ►w.N 1...a5 Is provided 823 0•:1 D1 p..;al of bOd eS 01 dead anima',; penally. • w N r..)tl.. �..,, 1f...,, ,r.N».:-0 / ..N a4] 813 CS Places declared a nu::.nca: may be abated 823.041 Disposal of bodies Of dead animals; en• and en;oincd. p 823 CG Doors of public bu:ld,n to Open outward ally.- ] the taints gS P (1) Any owner, custodian, or person in Charge of :.thou; the 823.07 ;Ccr Oxcs, rofr•gcralefs. deep-freeze lockets. c:otlo; washers,clothes dryers.or airtight dome::Lc animals, upon the death of such animals due - ' t en Illereen, ry to d:ease, shall dISPose Of the carcasses of such an,. •of removes ii; u^'Is: abandonment, dotard, mats by burning or burying at least 71cel below the suf. ` the county. i ].23.GO leebexes, refrigerators, deep-freeze lockers, y it Clothe; washers, clothes dryers, or similar face Of the ground; provided, hdwc,Lrf, nothing in this I from Inc section shall Prohibit the disposal of such animal car. W wnocver ��' airtight ltr cht units nbondonod or discarded: Castes Io rendering companies licensed to do business ct.delayv J! atuaUwcnuisances its aga,nsl '� V300 V,013l:On of S. 823.07: penally. In tins Slate. ! ,.23 10 Place where controlled substances are Ille. (2) 11 Is unlawful 10 dispose of the carcass of any :de 75.002 ) domestic animal b dumping - ;. 175.G02 I golly kept, sold, or used declared a public Y such carcass on any pub. t I nuisance, tic rOad or fight-Of-way,or in any place where such cat. ❑;1,uG:1G 823.11 Abandoned and derelict vessel,; removal; cat; can be devoured by beast of bold. I penally. (3) Any person violating any of the provisions of INS ' III Q3 12 Smoking in elevators unlawful: penalty, section shall be guilty Of a misdemeanor of Iho second debt duo. i 12313 Place; where obscene materials aro d!egally degree, punishable as provided in s. 775.082 or s. )atcd with kept. sold. Or used declared a public nut. 775.003. I! due n,m :� Sallee: drive-In theaters, films visible from (4) For the purposes of this act,the words'domestic - j. the lama. public ;reels or public places. animal'::hall include any equine Or bovine animal, goal, 7 pays Dla, TJ3.14 Florida Right to Farm Act sheep. swine, dog, cat, poultry. Or other domesticated .sIlmg lha j 173 145 Disposal by open burning of mulch plastic beast or bud. I the first '( NM1leq;./ 1,],].4N 61-y,9,/.yG.N.rl.laa.I WN/,.]y.11,N 1. .used In agricultural operations, r•,.],,„I ,1,15,T,U 00"L or st'i I V3.15 Dogs and cats released from animal shellers i taI9 . airs or animal control agencies; sterilization 023.05 Places declared a nuisance;may be abated .1 requirement. and enjoined.—Whoever shalt erect. establish• con. f linue•Or maintain,own or(case any building,booth,lent Property 123.01 Nuisances; penally.—All nuisances which or place which lends 10 annoy the Community or injuro ' lily.— 'l' 'trio 10 annoy the community or injure the health of the the health of the community or become manifestly injuri• ti ' ' Ix per,cnal I Ir aotens In general, or to corrupt the public morals• are ous to the moral•,or manners of the people as described or condo. l OWemoanors of the Second degree,punishable as pro• in s.023.01. or shall be frequented by the class of per. i personal,1'i filed in s. 775.0if3. sons mentioned in Is. 856.02. or any house or place of 111 •'�•+.-• •1.rww �y:.nsna.rsrro.nc::W..cu.relr..ay. 1 sell,cort ,n.u:.. v.m n.]N.1 t,.aar., 1,m r5-]., s.x, prostitution• assignation• lewdness or place or building i1 ) hoot ort •v y]b. where games of chance are engaged In violation of law 1 having orb or any plane where any law of the slate is violated. shall I operty so I 123.02 Building bonfires.—Whoever is concerned be deemed guilty of maintaining a nuisance, and the 'i J '„t,i I n outing or making a bonfire within 10 rods of any building•erection•place. Ienl or booth and the furniture, t 1 •i ions o1 ase or building shall be guilty of a misdemeanor or[he I' +• f i1 teioor of fixtures and contents are declared a nuisance.All such ' trsOree,punishable a5 provided in s. 175.002 Or places of persons shall be abated or enjoined as pro• 77u.Q72� x,w.-/ z.Niyr.ire.rt•,]m.easel:ncsar5.wre1a.. 9]a vlwedinss. 60.05 and 60.06. • .��•t� xb.g4. W. 7. /.1.s 15.]... 11.N IS-M a9:.Ltl, MY.1911:Fins S02.U1 I617.1.74,rA St.1;to.M •'} 123.04 Animals suffering from disease or pests.— � L f•il, Is unlawful lot any person to bring into this stale or to 823.06 Doors of public buildings to open outward. I urrai for lot solo herein any horses,mules•cattle, hogs, or All building;erected in this slate for theatrical.operatic. ` d --er domestic animals• knowing of the time of such or other public entertainments of whatsoever kind shall !. r:•aduc;ion or offering for sale of any such animals that be so constructed that the shutters to all entrance•, to 1 t; I.,(. try are suffering from contagious of infectious disease said building Shall open outwardly and be so arranged d l tiny pests declared by rule of the Department of Agri• as to readily allow any person inside said building to , 4>t E :=ire and Consumer Services to be a public nuisance escape therefrom in case of fire or other accident. Any I 1. rd to be dangerous, transmissible• or a threat to the owner•manager•lessee, or other person having charge 't;tultural interest o1 the state.Any person convicted of any public building for the use expressed herein who 1 ill fit (:arch offense is guilty Of a felony of the third degree, tails 10 comply with the provisions of this section shall I i •'r i 1405 � ` I / i r ' I�', + u Ir it •, 1 ;� �a �' LJ l :.. tllr rl�i._F az t?' :�..'i JS.:. 3^4�"111t �Arr �' `"` %+ 1':.: r •f.� ?^'i� - L!+� j. - sI-• t`/1*. . {1�J t) � • � )�. rrrS1 t t . T '}yti^^. i _ Gy, {�,1� .aa clr� �f", yr �` �' I ..llllllll.1 ) 4Si i rlY c iSL a :-1 •�rLrS.:t vl vi' `` +. tF aw:� f ��fF `]ti ,, ♦. t i ,u�{{. ��y+r� SS•Y tr i k-�1F � .��rC Y >•"_��Ia=.if_ 1r 'a�:L��iY.d� ' 13��.�. z :•� 1'� =4 1 1 J 3 t f 1 f i t j N