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1978-0929_COLE, JAROLD_ContractRECORDING REQUESTED BY AND WHEN RECORDING FEES EXEMPT DUE TO RECORDED RETURNT GOVERNMEN CODE SECTION'6103 CITY OF SAN•JUAN *ISTRANO Office of. the City Clerk % )t 47( 32400 Paseo Adelanto ARY ANN HANG ER, City Clerk San Juan Capistrano, CA 92675 San JuAfi Capistrano, California EX[fJiPT •3613 ' ' C 1 COY• i RACT FOR D 0 ` •i:IF. PRESERVATION I{ OF AGRICULTURE R-�ORDFO IN OI F':;IAL. RECOR2S Past . 7. P MOCT 3 1978 LEE A. BRANCH, County Recorder 1 THIS CONTRACT, made and entered into this 27th day of 3 3� September, 1978 , by and between Jarold B: Cole , hereinafter referred to ac "OWNER.", and the CITY OF SAN JUAN CAPIS^.RANO, a California General Law City, hereinaf-= referred to as "CITY": :7i't'ESS ET H: WHEREAS, OWNER is the ov.ncr of certain, real property described in Exhibit"A"which is presently devoted to agricultural uses in the CITY OF SAN JUAN CAPISTPUINO; and WHEREAS, said property is located within the boundaries of an agricultural preserve established by CITY pursuant to ' California Government Code Section 51201(d) and by City Council Resolution No.78-3-15-1 ; and. WHEREAS, both OWNER. and CITY recogni?ing that the preservation of such land in agricultural production provides , valuable open space and constitutes an important physical, social, aesthetic and economic asset, desire to limit the use of said property to agricultural and compatible uses; and WHEREAS, the parties intend and hereby determine that the highest and best use of•such above described real property during the stated term of this Contract or any renewal thereof is for agricultural purposes; and WHEREAS, both OWNER and CITY intend and hereby determine that this Contract shall be an ciforcceable restriction within the meaning and for the purposes of Article X111 of the State Constitution and the provisions of California Revenue and Taxation Code Section 422, as amended to date. r i 0 gK 128 i pc 197r% NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions set forth herein and the sub- stantial public benefits to be derived therefrom, do hereby ; agree as follows: I , 1.' Contract Made Pursuant to Land Conservation Act. This Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title.5 of the California Government Code, commencing with Section 51200 as amended to date) and is sub}ect to all the provisions thereof. Within twenty (20) days after execution, CITY shall record a copy of this Contract with the Aocorder of the County of Orange and also file a copy with the Director of Food and Agriculture of the State of California, as required by California Government Code Sections 51248 and 51249; provided tLat, the latter filing need not be made if a form of this Contract has already been filed. 2. Restriction on Use of Property. - During the term of this Contract or any renewal 1 thereof, the real property herein shall not be L:.ed for any pur- pose other than the production of agricultural commodities for commercial purposes and compatible uses, as the same are defined in Exhibit "D" attached hereto, and specifically including, but not limited to, the erection, construction, alteration or maintenance of gas, electric, water or communication utility facilities. No structure shall be erected upon said land except such structures as may be directly related to authorized uses of the land. 3. Designation of Additional Compatible Uses. The City Council of the CITY OF SAN JUAN CAPISTRANO (hereinafter referred to as "Council") may, from time to time ` • during the term of this Contract or any extension thereof, by resolution, after public hearing, add further compatible use: - to those uses listed in the resolution establishing the preserve within which the land is located; provided, however, the Council shall not eliminate, without the written consent of OANER, a compatible use during the term of this Contract or any renewals thereof. BK 128 /PC 1971 e 1 1 ♦. Term of Contract. 14 • The term of this Contract shall commence on September 2i, 1978, and shall remain in effect for a period of ten (10) fears there- - from. This Contract shall, moreover, be automatically renewed ' for a period of one (1) year on the 1st day of January of each succeeding year during the term thereof, unless notice of nonrenewal is given as provided by Section 51245 of the California Government Code. Each. one-year extension shall, accordingly, be _ added to the term of this Contract, to the end that at all times during the continuation of this Contract as renewed, there shall be a ten-year tern of restriction unless notice of nonrenewal has been given: Under no circumstances shall a notice of renewal be required o: either party to effectuate the automatic renewal option of this paragraph, 5. Removal of Land Equivalent to a Notice of Nonrenewal. The effect of removal of any real property under this Contract from an agricultural preserve shall be the_ equivalent of a notice of nonrenewal by the CITY, and the CITY shall, at least sixty (60) days prior to the next renewal date following the removal, serve and record a notice of nonrenewal in accordance with Sections 51245 and 51248 of the California 1'ovnrnment Code. ' 6. Consideration. OWNER shall not receive any payment from CITY in con- - Sideration of the obligations imposed hereunder, it being recognized and agreed that the Consideration for the execution of this Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to 0i:T1ER as a result of the reduction in the assessed value of real property described herein due to the imposition of the limitations on _ its use. 7. Contract Runs With the Land. This Contract shall run with the land described herein and shall be binding upon the heirs, successors and assigns of the parties hereto. 8. Division of Land. In the event the real property under this contract is divided into two or more parcels, a Contract identical to the Contract then covering the original parcel shall be. executed by _..._... _— ...__.-1 _.._._—._­_ , ait 122E 7Pc 1972 MNEh on each parcel created by the division. The CITY, or a::y agency making an oruer of division, shall require, as A condition of the approval, the execution of the Contract provided for in this paragraph. . 9. Automatic Termination by Eminent Domain. ,This Contract shall be deemed null and void upon the filing of an action in eminent domain or acquisition in lieu thereof in accordancewithSection 51295 of the Government Code. 10. Cancellation. This Contract may be cancelled in accordance with And subject to the provisions of California Government Code Sections 51281 to 51285 as amended to date. The assessed values referred - to in California Government Cod,- Section 51283, upon the request � of either of the parties to this Contract, will be subject to equalization pursuant to Section 1604 of the California Revenue and Taxation Code. 11. Notice of Cancellation. In the event of termination of this Contract by cancel- lation or nullification by annexation or condemnation, CITY shall r=cord the appropriate documents in the County Rezorder's Office. 12. Distribution of Deferred Taxes. Upon receipt of deferred taxes payable pursuant to Paragraph 10 hereof, said taxes shall be distributed as provided in Section 51283 of theCaliforniaGovernment Code. 13. Substitution. In the event that the State Legislature changes assess- ment practices that affect land in an agricultural preserve which is subject to this Contract, CITY or OWNER may request renegotiation of this Contract to accordance with such amendment. This Contract shall, moreover, be superseded if it is replaced by a new Contract containing enforceable restrictions authorized by the California Land Conservation Act of 1965 or by Article XIII of the California Constitution. . t 14. Termination. If Sections 421-429 of the Revenue and Taxation Code are repealed or become inoperative, and other law is not enacted to t r a 12S67ec 1973 Implement Article XIII of the California Constitution with � respect to the tax assessment of lands devoted to the uses speclficd in such Article, this Contract is terminated, and no deferred tax or other penalties shallbe assessed against OWNER. - '1 1 15. Annexation, j • This Contract shall be transferred to and binding upon any succeeding county or city acquiring jurisdiction over the abave described real property, or' any portion thereof, - j except as hereinafter provided. On annexation by any City of any of the above described real property, such city shall • succeed,to all rights, duties and ;�owcrs of CITY under this Contract, unless the land being annexed to such city was within one (l) mile bf such city at the time of the execution of this Contract and such city stated its protest to the execution of the Contract prior to its execution, pursuant to Government Code Section 51243.5_ If such city does not ex- excise its option to succeed, this Contract shall be null and void as to the land actually being annexed on the date of • - annexation. • e 16. Owner's Representations and Obligations. OWNER represents that he is the owner of the real property and described in Exhibit "A" which is the subject of this Contract, and that there are no outstanding encumbrances, mortgages, -deeds of trust, or liens to which said property is subject. OWNER further agrees to provide, upon request of CITY, such information and facts relating to his duties under this Contract. I t' IN WITNESS ;nIEREOF, the parties hereto have executed this Contract.on the day and ygar first above written. • '• _♦�♦♦♦�♦♦�♦♦111♦♦♦♦♦♦♦♦♦♦♦�♦♦♦ wF�:�ER" � OFFICIAL SEAL ' LARRY N. LAWRENCE a B. Cole 1 i • NOTARY PUBLIC-CALIFORNIA7 z G PRINCIPAL OFFICE IN ♦ Ada M. Cole ♦ ORANGE COUNTY My Commission Erpirds April 3, 1981 - Dy ATTEST: KENNETH E. FRIESS, YOR I HANOV Rr CITY CLERK I APPROVED AS TO FORM: S S. OKAZAKI,/ ITY ATTORNEY N I i : aic I cc�7�c 1974 STATE OF CALIFORNIA 1 as. COUNTY OF ORANGE 1 On this ,�L' %� day of 197; before me, the Undersigned, .a Notary Public in end for said County and State, residing therein, ndulyncgmmissioned and sworn, personally � p `O1 , known to me to be the person whose appeared lial., name is suiscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ♦♦♦♦♦♦♦♦♦•♦♦♦♦•♦♦H♦•♦♦Y•♦♦♦♦0 OFFICIAL SEAL LARRY N. LAWRENCE ♦ •s y NOTARY PUBLIC CALIFORNIA ♦ PRINCIPAL OFFICE IN ♦ ORANGE COUNTY • • My Commission Expires April 3, 1961 • • _ ry Pu is Lnior saL Co ty and State State of California *1 On this the 29th day of September 1978 , before me, County of Orange { SS. the undersigned Notary Public, personally appeared 1 City of San Juan Capistrano ADA M. COLE 10 OFFICIAL SEAL CHERYI A .!OHNSON m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires DEC 28, 1981 c GENERAL ACKNOWLEDGEMENT FORM known to me to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1 ii , i g{ 28671 PC 1 -07 PROPERTY OR74ERS.REQUE*0 ESTABLISH AN AGRICULTURALOESERVE UNDER T11E PROVISIONS OF THE LAND CONSERVATION ACT OF 1965 STATE OF CALIFORNIA Date 1-15-78 CITY COUNCIL City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 ATTENTION: Planning Department, City Hall Gentlemen: I hereby request the City Council to notice and hold a public hearing for the purpose of establishing an Agricultural Preserve including my properties described hereunder pursuant to the Government Code Section 51201(d) of the California Land Conservation Act of 1965 (as amended). It is my intent to enter into Contract pursuant to the Act. I have read from a sample copy of the Contract proposed to be offered to those property owneis within such a Preserve and understand its contents, restrictions, terms and conditions. OWNER'S NAHE Janold B. and Ada M. Cole ADDRESS 31501 Los Cerritos Avenue San Juan Capistrano PHONE NO. (714) 493-1844 I am the (principal) (sole) owner of 3.4 _ acres and I desire to place 3.4 acres of.my property under Contract. Assessor's Parcel Number(s) of property to be placed under Contract: 650-151-12 E A map clearly showing property boundaries is attached (Assessor's map(s) or other prepared map). EXHIBIT A OMER PA. 011-NERS. OF RHORD OR 1NTLREST ' 9:d 286 %PC 197E3 LNfERLST 260 Ocean Ave. P.O. Box 1047 Laguna Federal Savings and Loan Laguna Beacb,CA. 92652 First Trust Deed 3222 W. First St. I.B.E.W. #441 Credit Union Snnra Ana CA Q970'3 - c .a m - r Dees 1lOTE: All fee oti+Hers of any surface interest, including all trust deed beneficiaries or mortgagees of record, must join in any Contracts. DESCRIPTION OF LAND 6 INCODiE Land Capability Land Class Crop or Use Classification (if known) Acreage PRIME AGRICULTURAL LAND (gross of $200/Ac. or more) Annual Gross Agricultural Income (Average of any 3 of last S years) $8,500 Do you have plans for more intensive agricultural use of your property? Proposed crop type(s) and acreages) None no Ilow many acres of your property is irrigated with locally available water resources? 3.4 What is the source of irrigation water? Orange County Waterworks District #4 The land is (flat) (gentle rolling). gentle rolling The land is primarily used as (row crop) (orchard) (other Egg Production soil type is basically (sand (loam) (other loam EXHIBIT A STATE OF CALIFORNIA ss. COUNTY OF QrB= 841 867PS ^ on M—ArCh 29a 1'97$ , before me, the undersigned, a otary P in and for said State, personally appeared JO fIIl[]B /9dL'r.n , known to me to be the President, and known to me to be the rlied3UYPX'��y of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac. knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS m((/yy �hJ^^annd/d��an--d official seal. raml A_ Fi warr3a Name (Typed or Printed) r ... ...... .....o........................oum OFFICIAL SEAL CAROL A. EDWARD! Notary Public-CailfomL - ORANGE COUNTY E My Commission Expires June 30, (911 ................................................... (This area for official notarial seal) 3K 1 28-67PG 1977 UI'HER PAWNERS OF RECORD OR INTEREST • NAME ADDRESS TYPE: OF INTEREST 3222 W. First St. Local #441-Federal Credit Union Santa Ana, Ca. 92703 Second Trust Deed Jo Anne Martin. Treasurer-Mnnaoer NOTE: All fee owners of any surface interest, including all trust deed beneficiaries or mortgagees of record, must join in any Contracts. DESCRIPTION OF LAND F, INCOME Land Capability Land Class Crop or Use Classification (if known) A.crea e PRIME AGRICULTURAL LAND (gross of $200/Ac. or more) Annual Gross Agricultural Income (Av--rage of any 3 of last 5 years) Do you have plans for more intensive agricultural use of your property? Proposed crop type(s) and acreage(s) How many acres of your property is irrigated with locally available water resources? What is the source of irrigation water? The land is (flat) (gentle rolling) . The land is primarily used as (row crop) (orchard) (other ) Soil type is basically (sand (loam) (other ) EXHIBIT A BK 12857pc 1979 VERIFICATION: I hcrvi,y certify that the petitioners listed herein arc the owners or property affected by thr e rcqustcd preserve mid zoning and certify under penalty of perjury that all state-ents in the application are true and correct. (I am OTIC of the petitioners listed above. I Sig turc Date LAGUNA FEDERAI,Is 19 AND LOAN ASSOCIATION ( jBY: C. M en e - ss V#tse President Har rSo n - Vice President Date: APPLICATION FOR CONTRACT I hereby request that the property described be placed under Contract. DATED: �/-17— ?.� _ SIGNATURE• CONTRACT FEE PAID: AIA, RECEIVED BY �.-.. (Planning vepartmenti EXHIBIT A v v u aF 12867Pc 1980 124-27 v�31i EXHIBIT A • 9K I 2p67PC 198 I PURPOSE AND INTENT: To implement the General Plan provision for the preservation and use of land fur large scale agriculture and agricultural residency. B. PRINCIPAL USES AND STRUCTURES PERMITTED: 1. Farming, including all types of agriculture and horticulture; EXCLUD;NG: farms operated publicly or privately for the disposal of garbage, sewage, rubbish or u:fal. 2. One principal residential dwelling per lot. C. ACCESSORY USES AND STRUCTURES PMMITTED: 1. Temporary stands primarily for the sale of agricultural products produced on the premises; provided that: a. The stand shall not be located closer than 20 feet from any strfet right-of-way. b. The stand shall be of wood frame type construction. C. The accessory signs used to identify the use Shall be located on or adjacent to the stand, in accordance with the provisions of Section 3.6.3 (Sign Regulations). I 2, Detached guest cottages and employee quarters, all of a permanent character placed in permanent locations. 3. Home Occupations in accordance with Section 3.6.11. 4. Accessory uses and structures necessary for the operation . of a permitted agricultural use. S. Accessory uses and structures incidental to the use of a single family dwelling. EXHIBIT B RECORDING REQUESTE&BY AND WHEN RECORDED RETURN T ' 'CITY OF SAN JUAN CAPISTRANO Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO ) RECORDING FEES EXEMPT DUE TO GOVERNMEI*ODE SECTION 6103 �- n) RY ANN ANOVER, City Clerk San Jua Capistrano, California EXEMPT 3644 io ss. N I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. 78-3-15-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of March , 1978 , (SEAL) DATED: This 29th San Juan 0gpistrano,'California day of September , 1978 RECORDED IN OFF:CIAL RECORDS Cr OF2ANC'Z CO) J Past 1 P IV. OCT 3 1978 LEE A. BRANCH, County Recorder 201 RESOLUTION NO. 76-3-15-1 �K 12 -rte, n 1983 AGRICULTURAL PRESERVE (COLE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPIS'TRANO, CALIFORNIA, DESIGNATING 3.4 MORE OR LESS ACRES OF LAND LOCATED ON LOS CERRITOS AVENUE AS AN AGRICULTURAL PRESERVE WHEREAS, Jarold B. Cole, 31501 Los Cerritos Avenue, San Juan Capistrano, California, has heretofore submitted an application of intent to enter into an Agricultural Preservation Contract under the provisions of the State of California Land Conservation Act of 1965 (as amended) for a 3.4 more or less acre parcel identified as Assessor's Parcel No. 650-151-12; and, WHEREAS, the City Council has, by its Resolution No. 76-2-1-6 approved the application and authorized the execution of an Agricultural Preservation Contract; and, WHEREAS, a public hearing relating to the establishment of the aforesaid parcel as an agricultural preserve was duly advertised and held on March 15, 1978; and, WHEREAS, upon consideration of the testimony of all witnesses and other evidence, the City Council has found and determined that: 1. Due to the unique characteristic of agricultural enterprises in the area, agricultural preserves of less than 100 acres are necessary; 2. The establishment of the preserve of less than 100 acres is consistent with the General Plan of the City; 3. Because of the size of applicant's parcel and its proximity to residences and other urban areas of the City, applicant's use may, unless particular care is exercised, cause nuisances to exist. NOW THEREFORE, BE IT RESOLVED that the creation of applicant's 3.4 more or less acres as an agricultural preserve. pursuant to the California Land Conservation Act is hereby approved provided that the applicant shall, at all times keep and maintain the preserve in a clean and sanitary condition, and shall conduct his agricultural operations in such a manner that offensive noises, odors and sights shall not emanate therefrom. PASSED, APPROVED AND ADOPTED this 15th day of March -, 1978 , by the following vote, to wit; AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSENT: None ATTEST: L KENNETH E. FRI�ESS, MAYOR -1- ® m { 2867Pc 1984 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 78-3-15-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of March 1978 . (SEAL) �`��i5 s, ✓(-� �/ MARY ANN HANOVER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 76-12-15-10 and on the o,„A day of trfarch 1978, she caused to be posted: RESOLUTION NO. 78-3-15-1 being: AGRICULTURAL PRESERVE (COLE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING 3.9 MORE OR LESS ACRES OF LAND LOCATED ON LOS CERRITOS AVENUE AS AN AGRICULTURAL PRESERVE in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. CHECK LIST -)�6 -3- E; I ORD -NO _ _ H[ -,S. NO.____.. .._��_ Maynr ha+signed MARY ANN HANOVER, City Clerk ✓_ Clrrk hassigm:d San Juan Capistrano, California ✓ City Seal stamped .. ✓ All blank? typed in "Absent" .fto&S .... ............._........ ..... '1'ypcd in Of1kial Record liook ......... Postui to Cl ..wired Cards .._..... __ Copies sent to L s+.0J f,le F ). _..._..., 1 [vLr_tk�hI A 111N./�.,..._ ' _... _ - Legnl 1'ubli,ation orJ��rrd to ho puLli.hed No. Affil, t _. _. . �...._. No. Ptinu 1 ,p w, rrqu 11-11 .._ .................... _................ _.... _........... _......... _...... _ _. —2— 0 a Novi o f987 I November 11, 1987 City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Contract for preservation of agriculture between Mr. Jerry Cole and the City of San Juan Capistrano entered into Sept. 27, 1978 Gentlemen, By copy of this letter, I request the cancellation of the above referenced contract, persuant to Paragraph 10, "Cancellation" Thank you for your prompt attention in this matter. Respectfully, Jerol B. Cole Own Encl. Page one (1) of Contract T 0 4 • RECORDING REQUESTED BY AND WHEN RECORDING FEES EXEMPT DUE TO i • RECORDED RETURN TO: GOVERNMENT,CODE SECTION 6103 ' CITY OF SAN -JUAN CAPISTRANO tti � Office of the City Clerk �i%%J��,r(l•C�'t/ �• ' 32400 Paseo Adelanto MARYANHANG ER, City Clerk � ' San Juan Capistrano, CA 92675. San J Capistrano, California EXEF.IPT •36'13 4,1 ci It°.COaDEO COhiAAC7 POA 1.7 ' S:If. PRESERVATION o ; 1 P 6:OCT 3 1978 • or • ACRICULTURE LEE A UANCH, Ca.ni, R.:. 71115 CONTRACT, node and entered into this 27th day of September, 1978 , by and botveen Jarold B: Cole , hereinafter ,• referred to as 'OhWER', and the CITY OF SAN JUAN CAPIS-RA!;O, a • California General :av City, hercinaf•.er referred to as -CITY-: T11ESSETI/: ' MIERLh5, CAM" is the over of certain real property described in Exhibit',l•vhieh is presently devoted to agricultural ' uses in the CITY OF SAN JUAU CAPISTRANO; and - WERL.S, said property is located within the bound,.ries of an agricultural preserve established by CITY pursuant to • California Government Code Section 512011d) and by City Council . Resolution No .7B-3-15-1 : and. • ' MIEREAS, both Oh=P and CITY recognini.ig that the preservation of such land in ngrdcultural production provides valuable open space and constitutes an important physical, social, • aesthetic and economic asset, desire to 'limit the use of said • property to agricultural and compatible uses: and • MIEREA5, the parties intend and hereby determine that the highest and best use of .suer above described real property during the stated term of this Contract or any renewal thereof Is for agricultural purposes; and MIEREAS, both olmER and CITY intcn.i and hereby determine ' that this Contract shall be an mform ble restriction within the • ', meaning and for the purposes of Article XIII of the State m Constitution and the provisions of California Revenue and Taxation v Code Section 432, as amended to dace. w tY r O .w 2t (� 4 P O C H � W r ; • W w Z ¢ r f w O p ' L V m