text:
How to Build a Paver Patio Overview
Building a brick and stone patio like ours doesn't take special skills. The casual, free-form design allows you to relax and be creative rather than worrying about precise cutting and fitting.
It's a big project, but we'll tell you how to build a patio. In a nutshell:
- Plan the size.
- Dig a hole about 10 in. deep, and pack a 6-in. layer of gravel to form a flat base that slopes slightly for drainage.
- Set the patio stones and brick in a layer of sand and tamp them down so the surface is even.
- Fill the cracks with sand, tamp again, then landscape around the new patio and you're done.
This how to build a patio bricks project isn't technically difficult, but be prepared to devote a big chunk of time and energy to it. You'll haul tons of dirt, gravel, stone and brick before you're done. With a small crew of strong and ambitious helpers, you could finish this project in two or three weekends, but working alone at a leisurely pace, you'll spend the better part of a summer.
We assembled our patio from used street pavers that we bought from a brickyard. Individually, the bricks look a little crude, covered with tar and well worn, but the overall effect is perfect. Then we chose tumbled Wisconsin limestone for the border. The tumbling rounds the edges and gives the stone a worn look that complements the rustic appearance of the used pavers.
You may not find the exact materials we used locally; check the stone dealers in your area to see what's available as you determine how to build a patio to your liking.
This patio costs about as much as a premium-quality wood deck. The cost of patio stones varies widely, though. Get patio paver ideas before you start. Depending on your location, you might spend a lot more or a lot less as you figure out how to build a patio to your style.
The Character of the Stone Makes This Patio!
Stone varies greatly in color and texture. Visit a number of stone suppliers to see what's available in your area and to check prices. (See the Yellow Pages under "Stone" or "Landscaping.") We chose 3- or 4-in. thick stone intended for building walls, but any relatively flat stone that's 2 to 4 in. thick will work. Because stone is sold by the ton (we used 5- 1/2 tons), a thinner stone like flagstone would have been more economical, but it wasn't available in the tumbled finish we wanted. If you use thinner stone, don't tamp it with the compactor. It will crack. The stone dealer will tell you approximately how many square feet a ton of each type of stone covers. Order at least 15 percent extra to allow more selection when you're looking for just the right shape.
Concrete pavers are the most economical choice for paving patios. They are available in many sizes and colors. Traditional clay pavers have truer brick color and cost a bit more. Concrete pavers are available at home centers and landscape retailers, but you'll probably have to find a brickyard to buy clay pavers (in the Yellow Pages under "Brick" or online). You'll need about 4-1/2 bricks for every square foot, assuming an average sized 4 x 8-in. brick. It's difficult to figure the exact amount of brick needed for an irregularly shaped patio like this, so order about 15 percent extra.
Step 1: Find a good site
Site planning
Consider critical factors: ground slope, drainage, shade and obstacles like tree roots and underground utility lines.
A cozy spot is the main requirement for a patio like this. But you'll also want to consider the following:
Shade. You'll want it. If you don't have it, include shade plants or structures in your plan.
Drainage. Avoid low spots. Pick spot that's well drained.
Slope. A little slope, less than about 1/4 in. per foot, is OK. More than that and you'll have to build retaining walls or regrade the surrounding soil.
Digging complications. Don't build directly under trees. It could damage the tree, and besides, digging out roots is no fun. Contact local utility companies before you dig and have them locate buried lines.
Plan a strategy for getting the materials to and from your patio location. Sand and gravel will arrive in dump trucks that are too heavy be driven on your driveway or in your yard without damaging them. You'll probably have to use wheelbarrows. If it's a long haul, ask your supplier for a smaller truck or skid loader that can get closer.
When you've found a suitable spot, make a rough sketch showing trees, shrubs and gardens, then take measurements. Transfer these measurements to graph paper, letting each square equal 1 ft. Lay tracing paper over your plan and sketch in the stone border and bricks. Experiment with different designs, and when you come up with a plan you like, use it to calculate the quantities of materials and help you place the patio stones. Remember that this is a casual, free-form patio. Have fun and let the plan evolve as you work.
Step 2: Order the base materials and stone
It's what's underneath that counts. Stone and brick are what you see, but the landscape fabric, gravel and sand are what hold them together and make your patio last. If your stone or brick supplier doesn't have these products, check online or in the Yellow Pages under "Landscape Equipment and Supplies" or "Sand and Gravel."
Landscape fabric stabilizes the soil underneath the gravel base by keeping them apart while allowing water to drain through. We used 12-1/2 ft. wide, heavy, woven stabilization fabric purchased from our stone supplier. If this isn't available, use the widest landscape fabric you can find.
Class V ("five") limestone forms the foundation of our patio, but there may be different materials available in your region. Any granular fill will work as long as the size of the granules ranges from 3/4 in. down to a powder and they're angular, not smooth and round. These qualities allow the fill to be tightly packed for a firm base that allows water to drain through. A mixture of recycled concrete and asphalt is widely available and is a good substitute for Class V.
Depending on your soil, you'll need a 4- to 10-in. thick layer of gravel. Sandy soils require less gravel than soils with organic matter or clay. Gravel is sold by the ton or cubic yard. One cubic yard (27 cu. ft.) covers about 50 sq. ft. at a 6-in. depth by the time it's compacted, and weighs 1-1/2 tons. We used 12 tons of gravel.
Coarse washed sand is spread over the gravel in a 1-in. layer to form a setting bed for the stone and brick, and later to fill the cracks between the bricks and stone. We used 5 tons of sand.
Figure A: How the Layers Go Together
Note: You can download Figure A and enlarge it from the additional information below.
Step 3: Flatten and pack the base
Photo 1: Mark the patio outline
Outline the patio with a garden hose. Then mark 6 in. beyond the perimeter with spray marking paint. Also align adjoining paths.
Photo 2: Establish a slight slope
Tie a stringline to stakes driven at each end of the patio so it stretches in the best drainage direction. Use a line level to adjust the string until it's level. Then lower one end of the string 1 in. for every 10 ft. of length to establish a sloped reference line.
Photo 3: Excavate the patio
Dig out the patio area to a depth of about 10 in. below the finished patio level. Measure from the string to gauge the depth. Hold a level on an 8-ft. straightedge to check areas on both sides of the string.
Photo 4: Spread landscape fabric and gravel
Cover the ground with landscape fabric after tamping it with the plate compactor. Then spread a 2-in. layer of gravel over the top.
Photo 5: Compact the gravel
Wet the gravel and compact it with a rented plate compactor. Make two passes around the perimeter. Then compact the center, first working one direction, then a second pass at a right angle to this. Finally, make two diagonal passes.
Photo 6: Set straight iron leveling pipes
Set a 3/4-in. iron pipe on a 1-1/2 in. thick mound of gravel placed directly under the string. With a tape measure, align its height with the string. With a level, align two other pipes parallel to the first, about 8 ft. to each side.
Photo 7: Level the gravel
Spread a third layer of gravel, 1-1/2 in. thick, between the pipes. Pull a straight 10-ft. 2×4 across the top of the pipes to level it. Pull out the pipes and fill the trenches with gravel, using a trowel to level it with the surrounding gravel. Compact this layer like the previous one.
Pick up your shovel and get ready to move 16 tons of dirt.
But before you start digging, set up a string line across the center of the patio in the direction you want the water to drain. Adjust the string so it slopes 1 in. for every 10 ft. (Photo 2). You'll use this string to gauge the depth of the hole as you dig, and to set the slope of the compacted base.
To keep the patio flush with the yard, you'll have to dig out about 10 in. of dirt, and then find a place to put the excess. That's a lot of dirt. Consider building a raised planter bed or grassy mound in your yard. If that's not possible, you may want to jump-start the project by hiring an excavator with a skid loader and dump truck to dig the hole and haul away the dirt. As a last resort, rent a large trash bin, at least 10 cu. yds., and move the dirt into it with a wheelbarrow. Let the company know you'll be filling it with dirt, though, because it'll likely limit how much you can put in. Use your plan and a garden hose to outline the patio and mark the excavation (Photo 1).
If your soil is soft or soggy, you might have to add more gravel fill to create a stable base. Ask your building inspector or a soil engineer to recommend the right base for you.
Take a well-deserved break when you're done digging. Double-check your calculations for gravel and sand and arrange for deliveries. Then call the rental store and reserve a gas-powered plate compactor or "tamper" (Photo 17). This is a heavy beast; you'll need a trailer or pickup truck and a couple of strong bodies to move it around.
Before you start filling the hole, roll out the landscape fabric, allowing it to extend at least 6 in. beyond the patio all around. Use spikes to temporarily hold it in place. To establish a strong, flat base, follow our two-step procedure. First spread and tamp down two layers of gravel (Photos 4 and 5), each about 2 to 3 in. thick. Then establish a perfectly flat surface with a final 1 to 1-1/2 in. layer (Photo 7) and tamp this down. When you're done, you'll have a solid, flat base that slopes slightly for drainage and is ready for the sand bed, stones and bricks.
Step 4: Set the stone
Photo 8: Set the border stones
Establish the patio height with strings stretched across the edges of the patio. Set the strings parallel to the gravel base and at a height equal to the thickness of a brick (not a stone) plus a 1-in. sand bed plus an extra inch for clearance. Spread a layer of sand. Set a perimeter stone onto the sand bed and wiggle it down into the sand until it's sitting 1 in. below the string. Add sand to raise the height of the stone if necessary. Continue adding stones, assembling them like a jigsaw puzzle.
Photo 9: Level the stones
Level the stones that aren't directly under the string with a 4-ft. level held at a right angle to the original center string line. Tamp high stones down with a rubber-coated hammer handle.
The next step in the project is to lay the stone border. Measure the thickness of a few stones to get an average and compare this with the thickness of the bricks you're using. Then adjust the depth of the sand bed to compensate for the difference in thickness. Your goal is to get the stones and brick even on the top. Set up strings around the perimeter parallel to the gravel base as references for setting the stone.
Setting the stone is like assembling a complicated jigsaw puzzle. It'll take time and patience, but the reward is great. Spread out the stones so you can pick the best shape. Stagger the joints as you fit the stones. If possible, limit gaps to about 1 in.
Step 5: Lay the bricks
Photo 10: Lay in a bed of sand
Set 3/4-in. iron pipes in long mounds of sand using the same procedure shown in Photo 6. Set the top of the pipes high enough so that when the bricks are set on the sand bed, they'll protrude above the stones about 3/8 in. Dump sand between the pipes and drag a straight 2×4 across the pipes to level it. Remove the pipes and fill the trenches. Use a trowel to level the sand in the nooks and crannies around the perimeter.
Photo 11: Snap a base line and 2 perpendicular lines
Snap a baseline onto the sand. You'll use it to align the rows of brick across the patio. Mark the rough center (A) and snap a line at right angles using this method: Measure out an equal distance from the center and make two more marks (B and C). Cross two tapes at the same measurement (length BD = CD). Snap a chalk line from point "D" through point "A." Then snap a second line half the width of a brick from the first.
Photo 12: Lay bricks along layout lines
Lay a row of bricks along the baseline, aligning the end of the first brick with the perpendicular layout line. Butt them tightly together. Lay another row, aligning the end of the first brick with the second line. Continue laying bricks until one section is complete. Then work out from this section to complete the patio.
Photo 13: Mark cutting line
Mark bricks for cutting. Hold the brick in position and eyeball down to the stone below to sketch the line with a permanent marker.
Photo 14: Cut with a masonry saw
Saw along the line with a water-cooled masonry saw. Set the brick on the sliding bed and slowly push it forward while you guide the blade along the line.
Photo 15: Chip the brick edges
Chip the cut edge of the brick with a brick hammer so it blends with the rough edges of the used brick.
With the border stones in place, it's time to lay the bricks. The simple running bond pattern (Photo 12) we've chosen looks good with the stone border and is easy to lay. Start by screeding out a layer of sand (Photo 10) so that the bricks will end up about 3/8 in. above the surface of the stone. When you run the compactor over the bricks to seat them, they'll settle down flush with the stone.
Snapping chalk lines directly in the sand is the best way to keep your bricks running straight (Photo 11). For the running bond pattern, you'll only need a baseline and two lines perpendicular to the baseline, offset by half the width of a brick. Fill the area with full bricks. Then rent a masonry saw with a wet-cutting diamond blade to cut the border bricks. These don't have to fit perfectly. You can plant ground cover in the large gaps to give your DIY patio a more natural look.
We experimented with a few different cutting methods and settled on the gas-powered masonry saw as the best option for our pavers (Photo 14). The diamond blade on this saw is not nearly as dangerous as a woodcutting blade, but even so, follow safety precautions. Wear rubber gloves, safety glasses and hearing protection. If the rental store doesn't have a gas-powered saw, use an electric tile-cutting saw instead. It'll cut a little bit slower.
Step 6: Spread sand to lock the stones and bricks in place
Photo 16: Pack the edges
Cut 12-in. strips of landscape fabric and fold them up against the stones around the outside perimeter. Pack soil firmly against the stones and fabric.
Photo 17: Tamp the patio
Tamp down the bricks with the compactor to embed them in the sand. Work in a circular pattern from the outside to the center.
Photo 18: Sweep sand into the joints
Spread dry sand over the stones and bricks and work it down into the cracks with a broom. Tamp with the plate compactor. Keep spreading sand and tamping until the joints are full.
When you're done setting bricks, run the compactor over them to settle them in and create a level surface. Keep the compactor moving to avoid breaking bricks or creating a low spot. If your stone is thick like ours, tamp it along with the bricks. Don't tamp thinner stone (2 in. thick or less); it may break.
Before you spread the sand, pack dirt around the perimeter (Photo 16). Then sweep sand into the cracks (Photo 18). If your sand is damp, spread it out to dry before sweeping it into the cracks. If you run short, buy 50-lb. bags of mason's sand at a home center or lumberyard.
Finish up by landscaping around the DIY patio. We added a stone path and a few steps at the upper end of the patio and planted a perennial bed alongside. Our landscape consultant recommended planting a small ornamental tree at the front of the DIY patio to create an inviting entrance. A table and a few chairs gave us the only excuse we needed to sit back and enjoy a well-deserved break.
Additional Information
Required Tools for this how to build a paver patio Project
Have the necessary tools for this DIY how to build a patio project lined up before you start—you'll save time and frustration.
- Chalk line
- Garden rake
- Hammer
- Hearing protection
- Level
- Line level
- Safety glasses
- Tape measure
- Trowel
- Wheelbarrow
Required Materials for this how to build a paver patio Project
Avoid last-minute shopping trips by having all your materials ready ahead of time. Here's a list.
- 3/4-in. x 10-ft. black iron pipes (3)
- Brick pavers
- Gravel
- Landscape fabric
- packable Sand
- Stone
- Wooden stakes


text:
I love DIY projects, lasers, and chemistry sets as much as the next gal, but the whole do-it-yourself laser hair removal and Botox market boom is terrifying. Untrained individuals shouldn't be pointing needles and lasers at themselves.
The American Society of Plastic Surgeons is in an uproar about the things people are doing in their bathrooms. It's not that those surgeons are just worried about losing money on procedures, they're bound to gain clients from all the DIY messups anyway, but they appear genuinely concerned about regulations and safety. And I agree, because somehow former Gizmodo intern Benny Goldman letting the Jezebel team cajole him into a bikini wax doesn't seem so insane when you read about people ordering Botox from websites called Discount MedSpa and putting videos of their DIY injections onto YouTube (Warning: the clip may make you cringe).
We all like to look pretty, but there are safer ways to get rid of hair, folks! And somehow it's better to have wrinkles than order Botox from a website that looks like it was made in Microsoft Word. [Wired]

subset: commoncrawl


text:
A weekly look back at sports in the Lehigh Valley, in anniversaries of multiples of five years.
March 2
1995—Franklin & Marshall, the country's No. 1 team, gets revenge for a loss to Muhlenberg in the MAC title game a week earlier by beating the Mules 69-54 in a first-round NCAA Division III men's tournament game in Lancaster.
1990—Kathy Beck (27 points) and Amy Ender (23) combine for 50 points but Scranton beats Moravian 87-74 in a first-round NCAA contest. Meanwhile, Allentown College beats F&M 77-70 behind Patti Oakes' 22 points to advance to a second-round meeting with...


text:
Joan Fontaine, the coolly beautiful 1940s actress who won an Academy Award for her role in Alfred Hitchcock's "Suspicion" and who became almost as well-known for her lifelong feud with her famous older sister, Olivia de Havilland, died Sunday. She was 96.
Fontaine died of natural causes at her home in Carmel, said her assistant, Susan Pfeiffer.
In addition to winning an Academy Award as best actress for "Suspicion," Fontaine was also nominated as best actress for her role in Hitchcock's "Rebecca" (1940) and, three years later, for Edmund Goulding's "The Constant Nymph."


text:
Should Next Treasury Chief Change His Signature?
Jacob Lew, President Obama's nominee for Treasury secretary, has a signature that's been likened to a Slinky. Some are petitioning to let it stay it that way when it comes to dollar bills near you, Greg Morcroft joins Markets Hub to discuss. Photo: Getty Images.
This transcript has been automatically generated and may not be 100% accurate.
... I ... and an extra three seconds ... we ... could very well be Jack Lew the man Obama wants ... a lot of experience got a lot of background ... he also has the rather un usual signature ... high he is beholden to ... the tothe or a new peak Greg Morcroft MarketWatch is here to talk about though the loopy signature ... this in the sky it synching in the in the mean world this one is is becoming the Next Big me might just as crazy signature well it really isn't it interesting ... on several levels I mean a lot of people's there's been a lot of talk about the decline of handwriting ... together remains fascinating for people in the signature perhaps one of the most ... mm single still identifying things that that we have that Marcus is who we are I mean we all live seen signatures to look Americans to go back to John Hancock probably the most famous one of all the other costs so you know there's something even through all the technological development director some invests rule about discussing his right and you can see it there were plenty of that that doesn't look like a signature that's because out there that Cinderella was as bad as the series of school but that is JetBlue's signature at the Treasury sec secretary ... that's what's going to go on our bills ... on the currency that ... that moved the signature dwell on last he does the same thing that that the current Secretary Timothy Geithner did when he was appointed which was ... Polish up his signature ... it was interesting the Mac last year on NPR did an interview with him and they were talking about it ... I'm ... and his signature was basically ... illegible may as well and he posted up and if you look at the dollar bill now you'll see you'll see a signature this legible I think ... the idea here is the the EPA needs to be legible ... I'm in it will probably change that probably won't make a non ... pushes to bed and what's funny is ... there is already in this this whole petition thing on the White House was sunny and start a petition for you think ... they already start a petition ... to save the ... famed Bill Luby little ... yet I checked out that website this morning ... and I love them thirty five signature so the ... drive people who who may be taking today off rabbinical and start after visiting the ostensibly legible signatures for a correct then re ... now we ... hear in the interest of ... full disclosure ... to the writing on the guys signature item is a disgrace ... Greg and I e we yet we put our signatures out there for comparison is a ... you take a look and he is ... come on the wrong can tell it that is right that that ... that the moment that Apple is in jail time for the whole G vignette ... is relatively level ... they go great Mark Rutte likens it to be honored to be yes ... those of you is to be stamping out Brian Brian in renewed fighting it out in a week in the interest of full disclosure it's it's interesting I remember ... learning ... that reading learning cursive ... and now I'm somewhere to copy my father signature that that's where that that ... that sort of TV and TV have that kind of loops back on itself there ... came from so ... just a systematic though you know who knows where where people get the influence for their signature bright ... and all that I get Jack Lew that his muscling key ... that's when the assailant outlook amid all of it's it's it's ... it is really Khona and be on the ... belief that could be held and some that can be actually anything that is is legible yet it goes back to the idea but leave your mark get somewhat dry market when a signature right back to its interesting I'm sure that somebody is visits Mean carries on somebody will be some handwriting analysis of what will be done or something and we may find some insight from up ... from analysts what they may think this reflects about Mr. Lu but that will see how long this goes on break of dawn least ... one thirty one thirty I was to point out ... the dough will be carrying live the Obama press conference to officially unveil JetBlue you can see that ... on WS J live on WS J dot com ... obviously Paul all the big stories to Herbalife everything ... on to Vishay dot


text:
This Date In Royals History – October 22, 1985
This year's World Series is angling towards two teams that bring some painful memories for the Royals. Heck even the Angels edged out Kansas City for Western Division titles by three games in both 1979 and 1982, so I'm not real big on the Halos either…thirty years ago it still stings. So let's turn to a brighter moment.
Tuesday October 22, 1985 – I'm told downtown St. Louis that night was a huge party for what looked like a prelude to am inevitable Cardinals World Series Championship. Of course they had reason to celebrate, the Redbirds were up two games to none and had three games at home right in front of them surely it was a done deal. But frankly it really wasn't…
Both teams wasted scoring opportunities in the opening inning, but the Royals would get on the board first with a pair of deftly manufactured runs in the fourth. Jim Sundberg led-off with a walk, Buddy Biancalana reached on an infield single, and both moved up on a sacrifice bunt by Bret Saberhagen. The Royals needed a key hit and Lonnie Smith got it with a two-out two-run double.
The next inning Frank White basically put the game away with a two-run HR in one of the key moments of the entire series. The Royals were in a must-win situation and Frank's blast finally gave the Royals pitching staff some breathing room, although it would be a staff of one on this night.
Bret Saberhagen was making his World Series debut and any ill-effects from the shots the Blue Jays had taken on him in the ALCS seemed long gone. He scattered six hits (all singles), gave up only one run with one walk and eight strikeouts for a complete game 6-1 victory. The series clearly was not over and with one more Royals win it would make it way back to Kansas City – the comeback had begun.
Just A Bit More: The offense came alive in Game 3, led by Frank White who also doubled home a run in the seventh inning. Dick Howser showed tremendous confidence in Frank White's ability to deliver keys hits when he decided to put him in the clean-up spot for the World Series. His confidence was richly rewarded.
Jackie Robinson had been the only previous second baseman to bat fourth for an entire World Series. That's a pretty good tandem. Better yet Frank delivered – he lead all players with six RBI during the 1985 World Series.
(Curt Nelson, Director – Royals Hall of Fame)


text:
by Constance Garcia-Barrio
The best museum exhibits engage both the heart and eye of the beholder. That goal must have guided designers of "Beyond Swastika and Jim Crow: Jewish Refugee Scholars at Black Colleges," an exhibition at the National Museum of American Jewish History (NMAJH) on Independence Mall, two blocks from Independence Hall.
"'Beyond Swastika and Jim Crow' tells the little-known story of Jewish professors who were fired as teachers by the Nazis, then came to America and joined the faculties of traditionally black colleges," said Alisa Kraut of Mt. Airy, a curatorial assistant at NMAJH. "The exhibition shows a common history of oppression and provides an opportunity for dialogue."
The exhibition grew from Gabrielle Simon Edgcomb's 1993 book on the scholars which, in turn, inspired filmmaker Steve Fischler to make a documentary on them. It aired on PBS in 2000. Fischler and his colleague, Joel Sucher, worked with New York's Museum of Jewish Heritage-A Living Memorial to the Holocaust, to develop this traveling exhibit, now on display at NMAJH through June 2.
For Kraut, 35, the Black-Jewish connection reaches back to her childhood in Mt. Airy. Kraut, her parents Marilyn and David Kraut and twin sister Rebecca lived at Sherman and Ellet Streets, near the Germantown Jewish Centre, where they were, and remain, members. Kraut's younger brother, Larry, hadn't been born.
"Our house was on the corner, and we had a backyard," Kraut said. "One day all the kids on the block, a mixed group and mostly older than us, knocked on the door and made a deal with my parents. They promised to take care of us if my parents let them play in the backyard. They taught us to roller skate, and we ran around in a big pack. It was great. When we moved away, we lost that."
Kraut's parents fostered her love of the visual and performing arts with trips to Broadway shows, summer art camp and weekend classes at Moore College of Art. Those passions dovetailed with a major in theatre set design at Carnegie Mellon University. "It was a rigorous program," said Kraut, who graduated with honors.
One test of Kraut's ingenuity involved a tight turnover between two plays at Arcadia University. "We'd done a traditional set for 'Romeo and Juliet,' with arches, columns and faux marble painting," she said. "Warm colors and greenery suggested spring in Verona." There was no time to build a whole new set for "Catholic School Girls," the next play of the season. "We adjusted the arches so they felt more like a church, and we painted the set a granite color because of the play's darker edge and the religious and emotional conflicts portrayed. Logistical challenges interest me."
Kraut has freelanced as a scenic artist, worked for the Philadelphia Mural Arts Program and as an interior decorator for Ikea. She took time off when her daughter, Jocelyn, 5, was born. Kraut, who enjoys cooking and baking, is married to Chris Rugen, 34, director of Design and Creative Communication for Columbia University's School of Continuing Education.
While museum exhibitions, like theater, involve storytelling, at NMAJH Kraut entered a new arena. "I'm learning how a museum works from the inside out," she said. "There's the chief curator, the associate curator, the exhibition coordinator and consultants. The curatorial team decides on the goals of a project, the artifacts and text. The team also considers labels, case heights, lighting and interactive media, and they internalize all the elements and develop an environment to give the visitor the best experience."
"Beyond Swastika and Jim Crow" unfolds through a range of artifacts. A Ku Klux Klan robe, film footage, photos, letters and newspaper articles evoke the era when the scholars arrived. Mementos like a silver spice box and a menorah suggest the choices they had to make about what to take from their European homelands.
The scholars' arrival sometimes meant an intellectual bonanza for the colleges. Lore Rasmussen, for example, became associate professor of elementary education at Talladega College in Alabama. Rasmussen developed the "Miquon Math" series, a hands-on approach that guides children to math insights through their own observations. For their part, the scholars found a new home, a livelihood and acceptance.
Some refugee scholars became involved in the Civil Rights movement. Ernst Borinski, formerly a lawyer and judge in Germany, advised students about the legal consequences of their actions. A 1958 secret report by the Mississippi State Sovereignty Commission labeled Borinksi as "a race agitator."
Kraut helped to develop "Conversation Cards" that invite visitors to reflect on aspects of the exhibit. Visitors can record their responses and see what others have said at video viewing stations.
Though grounded in the past, "Beyond Swastika and Jim Crow" conveys a message for the present. "Intercultural dialogue through this type of programming broadens understanding," Kraut said. "We gain strength through our shared experiences and learn from our differences."
The National Museum of American Jewish History, at 5th and Market Streets on Historic Independence Mall, will continue exploring the Black-Jewish connection with an upcoming exhibition on the late Ezra Jack Keats, a pioneer in including children of different ethnicities in his book illustrations. More information at 215-923-3811 or www.nmajh.org


text: 100% micro polyester mini ottoman fabric is specially treated with hi cool technology that keeps you dry and comfortable for the lift of the garment. This white-bodied polo uses color block design with strategically placed mesh under arm for extra breathability and no visible sweat marks. Self-fabric collar with stays help keep it flat and anti curl. Dual-tone placket with crystal buttons.


text:
Man who stole three cars en route to GFA lockdown remains on loose
The hunt continued early this week for man believed to have stolen three vehicles in less than a day, eluding a dragnet by Westport and Fairfield police over the course of several hours Friday, and triggering a lockdown at Greens Farms Academy at the towns' border.
"We're still continuing to follow up on the information and it is still an active investigation at this time," police Capt. Sam Arciola said Monday. "Everybody would like to see him brought to justice and the important thing is that no one got hurt during the incident."
The incident began about 10:30 a.m. Friday when Westport police received a 911 call from the owner of a home on Blue Ribbon Drive. The owner reported that as she returned to the house that morning she saw an unfamiliar car parked in the driveway while her second vehicle, a Jeep Cherokee, was being driven away by a man she described to police as a tall black male wearing sunglasses.
The man apparently had been trying to break into the Blue Ribbon Drive house, Deputy Police Chief Foti Koskinas told the Westport News. The Honda the suspect drove to Westport is believed to have been stolen by the man Thursday night from the area of the Connecticut Post mall in Milford, according to Koskinas.
The complainant followed the Jeep, relaying its location to police.
At 10:35 a.m., officers dispatched in response to the call spotted the Jeep on the Sherwood Island Connector and attempted to stop it. The suspect refused to stop and headed onto Interstate 95 northbound. Westport police lost sight of the Jeep between Exits 19 and 20, but kept searching the area with assistance from Fairfield police.
A Fairfield police officer soon saw the Jeep and chased it back into Westport along local roads, where the chase was cut off on Greens Farms Road.
During their pursuit of the suspect, Westport police also issued a CodeRed alert to Greens Farms residents to be on the lookout for the Jeep.
At 12:50 p.m., a Westport patrol officer checking the area where the Jeep was last spotted saw the stolen vehicle parked in a rear lot at Greens Farms Academy, 35 Beachside Ave. The kindergarten-through-12th-grade private school was in session when the vehicle was found.
Based on the proximity of the vehicle to the school, GFA was placed on lockdown while officers assisted by several K-9 units searched the grounds and school buildings. That lockdown was imposed to ensure the safety of the school's students and faculty while police searched for the suspect, police said.
"The kids and the faculty were extremely calm and orderly, probably because we've practiced several times," said GFA spokeswoman Alison Freeland. "We're very glad that we had practiced the lockdown drills."
After the suspect abandoned the Jeep, he apparently fled the campus by stealing a black 1996 Honda Civic owned by a school security officer.
The lockdown was lifted at approximately 2:15 p.m.; by that time, police and school officials were "fairly certain" the suspect had left the area, Freeland said. Shortly after, parents were allowed to pick up their children.
A GFA student with a "prior condition" suffered a seizure at the end of the school day Friday and was then taken to Norwalk Hospital, according to Freeland. She is now "fine" and there is no evidence that the seizure was caused by the lockdown, the spokeswoman said.
Footage from the school's surveillance cameras Friday afternoon showed the suspect driving the Jeep onto the campus through the main entrance and then leaving in the Honda Civic stolen from the school lot, according to Koskinas. However, the cameras were unable to record any "identifying" images of the man, Koskinas added.
Police subsequently have not reported any new sightings of the suspect or released any additional details of his physical description.
"It would be fair to say it's financially driven, a drug dependency problem, or a combination of both," Koskinas said of the suspect's possible motives for the vehicle thefts and attempted home burglary.
GFA security
Both Greens Farms Academy officials and police say they were satisfied with their response and coordination during the lockdown.
"We're very glad that we had a prior relationship with Capt. Sam Arciola," Freeland added. "He has been to the school and reviewed our security measures and talked with us about what to do in the event of an emergency. We're very thankful that we had established that relationship already."
Arciola shared a similar assessment of the incident.
"The coordination showed that there was good two-way communication," he said. "We'll continue to coordinate with the staff and make sure that our No. 1 priority is to protect kids at the schools in town."
In addition to its lockdown drills, GFA during the last year installed a new communications system with outside speakers, which can reach all students and staff, if the school needs to go into a lockdown, according to Freeland.
GFA officials have not disclosed whether or not their security guards are armed.
A security audit of the school was conducted "over a year ago" and school officials are now looking into whether they need to initiate a new security review, Freeland added.
Any witnesses or persons who may have information about the incident are asked to call the Westport Police Department's Detective Bureau at 203-341-6080.
firstname.lastname@example.com; 203-255-4561, ext. 118; twitter.com/paulschott


text:
Last week, U.S. Environmental Protection Agency's Region 4 office honored Broward and Hillsborough counties in Florida for redeveloping and reusing former landfill sites.
Broward County won an Excellence in Site Reuse award for redeveloping the former Davie Landfill Superfund site into Visa View Park. The site once was referred to as "Mount Trashmore."
The site operated as a landfill between 1964 and 1987. While the county closed the landfill and cleaned up the site under EPA oversight, it installed much of the infrastructure (roads, stormwater drainage, landscaping, etc.) for the site to eventually be used as a park. Five or more years passed after the landfill was closed before the county obtained enough funding to complete the park.
The park opened in July 2003, and the county expanded it in November 2009 after noting its popularity. Activities in the park include horseback riding along many trails, biking, a trail with fitness stations, rollerblading, paragliding, primitive camping, radio-controlled plane flying and boating, catch and release fishing, and many other types of passive use. There are two playgrounds; one of them was certified by Boundless Playgrounds for exceeding the minimum requirements of the Americans with Disabilities Act.
The 210-acre Davie Landfill site originally housed a garbage incinerator for the county. The incinerator closed in 1975, and a sanitary landfill was constructed on the site for disposal of municipal solid waste, construction debris, tires and other waste materials. A sludge lagoon was used to dispose of grease trap pump-out material, septic tank sludge and treated municipal sludge from 1971 until 1981. The lagoon was closed after the sludge contaminated groundwater, and the sanitary landfill was closed in 1987. In 1989, Broward County excavated, dewatered, and stabilized the contaminated sludge from the lagoon, placed it within a cell in the sanitary landfill, and constructed a cap over the cell with a protective cover. Due to the low levels of groundwater contamination detected, EPA and the Florida Department of Environmental Protection (DEP) determined that the contaminants could be addressed by natural processes with regular monitoring of the groundwater. Groundwater cleanup standards were achieved by September 2003. The site was removed from the National Priorities List in 2006 and, since then, the EPA and DEP have continued to monitor the site to ensure its safety.
Hillsborough County won its Region 4 Excellence in Site Reuse award for creatively reusing the former Taylor Road Landfill Superfund site to serve multiple purposes that benefit the community.
Since cleanup actions were taken under EPA oversight, Hillsborough County has established a recycling center, a Community Collection Center, a Household Chemical/Electronics Collection Center, a Site Maintenance Facility, and Environmental Field Office at the site. In addition, the county:
The 42-acre Taylor Road Landfill was a Florida Department of Transportation borrow pit until it was permitted as a solid waste landfill for Hillsborough County in 1975. From 1976 until 1980, the county operated the landfill, which was intended for disposal of residential, commercial and industrial refuse. An unknown quantity of hazardous waste is suspected to have been buried in this landfill as well. Volatile organic compounds and metals contaminated monitoring wells on site and nearby private wells. The Record of Decision (ROD) for the site was issued in 1995. Major cleanup elements for the site included the closure of the landfill under the Florida landfill closure program, installing monitoring wells, monitored natural attenuation of groundwater contamination, and providing county water service to residents within a 270-foot setback of the monitoring wells. Today, groundwater data clearly indicates the effectiveness of natural attenuation in reducing contamination at the site.


text:
Central African Republic has been wracked by inter-communal violence since Muslim Séléka militias seized power after ousting President François Bozizé in March 2013. Clashes between the Séléka forces and Christian vigilante anti-balaka (or "anti-machete") factions continue as French and African Union forces struggle to contain the bloodshed.
Jerome Delay's images of looted Muslim-owned stores in Bangui, the country's capital, provide an unsettlingly quiet look at the results of the ongoing conflict. The photographs show stores on the avenue leading to the PK5 neighborhood of the city -- all of which have been looted over the past two days.
MORE: Soldiers Lynch Suspected Rebel After Ceremony for National Unity
Jerome Delay is the Africa Chief Photographer of the Associated Press. He previously wrote for LightBox about Mali's invisible war.
Richard Conway is Reporter/Producer for TIME LightBox. Follow him on twitter @ RichardJConway


text:
vSphere Integrated Containers provides critical enterprise container infrastructure to help IT Ops run both traditional and containerized applications side-by-side on a common platform. Supporting containers in their virtualized environments provides a number of benefits: IT teams get the security, isolation and management of VMs, while developers enjoy the speed and agility of containers - all within vSphere.
Repackage your existing apps with vSphere Integrated Containers and run them in production alongside your existing workloads
Offer your developer a ticketless environment for them to access container resources on-demand
vSphere Integrated Containers includes the following three major components that enables VMware customers to deliver a production-ready enterprise container solution to their development teams. By leveraging their existing SDDC, customers can run container-based applications alongside existing virtual machine based workloads in production without having to build out a separate, specialized container infrastructure stack.
Learn how customers have been using vSphere Integrated Containers
Read post on how Allegis Group protects and speeds it environments with software-defined solutionsRead the Blog
By leveraging the existing capabilities of vSphere, IT Ops can run containerized apps alongside traditional VMs on the same infrastructure without having to build out a separate, specialized container infrastructure stack.
By running containers as VMs, IT teams can leverage vSphere's core capabilities such as enterprise-class security, networking, storage, resource management, and compliance that are essential to running containerized apps in a production environment.
Avoid costly and time-consuming re-architecture of your infrastructure that results in silos. Scale application deployments instantly.
Developers already familiar with Docker can develop applications in containers, by using a Docker compatible interface and provision them through the self-service management portal or UI.
vSphere Integrated Containers comprises of three main components, all of which are available as open source projects on Github.
vSphere Integrated Containers Engine
Enterprise container runtime for vSphere that allows developers who are familiar with Docker to develop in containers and deploy them alongside traditional VM-based workloads on vSphere clusters. vSphere admins can manage these workloads through the vSphere Web Client in a way that is familiar.
For more information, check out https://vmware.github.io/vic/
Project Harbor
Enterprise container registry that stores and distributes container images. Harbor extends the Docker Distribution open source project by adding the functionalities usually required by an enterprise, such as security, identity and management.
For more information, check out https://github.com/goharbor/harbor
Project Admiral
Management portal that provides a UI for dev teams to provision and manage containers. Cloud administrators can manage container hosts and apply governance to their usage, including capacity quotas and approval workflows. Advanced capabilities are available when integrated with vRealize Automation.
For more information, check out https://vmware.github.io/admiral/
vSphere Integrated Containers is a vSphere feature that allows VI admins to create container hosts that are deeply integrated with vSphere. Once provisioned by the VI admin, developers are able to use the Docker CLI and API to run images in secure Container VMs. This gives developers self-service capabilities while at the same time allowing VI admins to control resource allocation. Since vSphere Integrated Containers uses native vSphere constructs, it allows you to leverage your existing infrastructure, tooling, policies and processes to manage containerized applications.
vSphere Integrated Containers is available to all vSphere 6.0 and above Enterprise Plus customers. There is no additional license subscription required to use vSphere Integrated Containers. You can download it from myvmware.com.
See the documentation to learn more about vSphere Integrated Containers, and try the Hands-on Lab.


text: Hi, There's a problem with the installation of a SSL certificate. When the forms (SSL Request & SSL certificate) are informed, The certificate is saved. (All right). But after the restart of the server, The HTTPD failed. So, no access to the manager of ISP... The only possibility is the SSH connect to erase the new codes of the files : /ETC/HTTPD/conf/Domain name.vhost. But the SSL doesn't Work... And we don't make this configuration... The certificate on the navigators (Chrome, Firefox, etc...) is not available. Can you help us... ?


text:
2007 Jeep Wrangler First Drive - Three Days in the BushPosted in Project Vehicles on November 1, 2006
Wheeling in Africa? Well, why not? Sure, you might not know much about Africa, but Jeep cared so much about their new Jeep Wrangler, they sent us across the drink to the Dark Continent for three days of intense wheeling, just to show off their new baby. And while the baby fat has increased on the Wrangler (which is 5 inches wider) the off-roadability has become even better with numerous improvements to the chassis and drivetrain. True, the new 3.8L V-6 is no match for the venerable 4.0L inline-six for useable torque, but we did find the new mill more than adequate, even in the four-door version. While we won't be thinking of loading up to max GVWR and adding a trailer when crossing the Continental Divide, remember that the old six-popper wasn't a stormer either.
Regardless, the new engine performed well in a variety of terrain and never failed us, even being able to lug the manual trans version down to 400 rpm without stalling. The biggest difference between the old and new Wrangler is of course visually, with the JK featuring a sloped back grille, a curved (but foldable) windshield, and bulbous plastic bumpers that would make an old lady happy. Luckily, the slotted grille, trapezoidal wheelwells, and soft top still retain the original Jeep flavor to make it recognizable as a Jeep in its truest form. This sort of remake happens when designers and marketing folks lead the charge, rather than engineers who still believe in form following function. The engineers at Jeep are for the most part real wheelers, and their influence on making the new rig work right showed through. The PR guys still had their work cut out for them as real Jeep people always look askew at so-called "improvements" and wait for the proof rather than the fluff. In this case, most of the improvements were indeed worth the effort, with only a few minor features flinging high on our crap-o-meter.
Our April and June '06 issues dealt with the behind-the-scenes nuts and bolts of the Wrangler JK two-door and four-door versions, so we won't rehash that whole story here. It's driving and wheeling impressions that are most important for this story, and the mechanicals of the beast make it what it is. On some of the toughest trails Africa has to offer (far more difficult than many club runs we've been on), the Wrangler gave us a superb ride with phenomenal traction and articulation, thanks to an electronic disconnect front sway bar, and electric lockers front and rear. Of course, these rides we tested were the full-on Rubicon models, with the 4:1 transfer case, 32-inch BFGoodrich tires, and all the other special stuff needed for real four-wheeling.
Mechanically, the Wrangler Rubicon excels in every aspect, except having gobs of horsepower and torque, but deep gearing and the optional six-speed manual make up for that. The advanced traction control systems and other electronic gizmos are more than annoying crap, but the options to turn off most of the stuff makes for a well rounded rig that a novice as well as an old timer can appreciate. Speaking of annoying, the turn signal is the three-flash style, even if you only want one blink, the steering column has more stalks growing out of it than a Toyota, the oil gauge and voltmeter are missing, the locker and sway-bar disconnect switches are buried way too low for ease of use and seem ergonomically backwards to use, and the electric window switches are on the dash, which yes, is much better than on the center console but still not where they should be. On the good side, the new cockpit is comfortable and roomy, thanks to the 5 extra inches of width. The doors come off, the soft top is an option, and overall, we predict the new Wrangler two- and four-door to be a true hit, and the aftermarket has already started ramping production of parts and pieces to make this a Jeep in every sense of the word. Look forward to our 4x4 of the Year test in the February issue, where we will continue to pound the Wrangler on our home turf for the rest of the story.
8PhotosView Slideshow
Inside the Dark Continent
Regardless of the new Jeep's pedigree, heritage, or capabilities, the Dark Continent is just that, and the term was coined in 1878 by Henry M. Stanley in his account Through the Dark Continent. Africa was mysterious, unexplored, and unknown to western civilization at the time the moniker stuck, and the land is still thought of in this way. However, the large cities are quite civilized; it's only when you get out into the bush that Africa reveals itself as the true wild country that it has always been.
Our journey started from Los Angeles and lasted for nearly 24 hours in an aluminum tube, interspersed with a brief hike through Heathrow airport to keep us awake. Landing in Nairobi, Kenya (formally British East Africa) we stayed at a 100-year-old hotel reeking of colonialism, which wasn't half bad. But Kenya was merely an overnight stay for our final destination, and after a two-hour morning flight across the savannah we landed in Mfuwe, Zambia, formerly Northern Rhodesia. After a short customs declaration, we boarded a prop plane, flew to the middle of nowhere, and landed in a grass field on the outskirts of Mpika, next to the South Luangwa National Park. Then, the adventure began.
Driving a lefthand drive Jeep in a righthand drive country isn't too bad, as long as the oncoming traffic stays in its own lane. And on the narrow dirt roads most drivers were oblivious to our convoy of eight Wranglers, even the bicyclists and pedestrians who had never seen such a sight. Once in the park, we stopped and visited the locals who controlled access, and of course we handed out 4-Wheel & Off-Road magazines and swag. The park is not a self-drive tourist trap, and we always had a guard carrying a .475 Weatherby Magnum at the ready--even when a pit stop was made. Tasty journalist can't be too careful around lions!
Most press 4WD trails are pretty weak, simply because the vehicle or the PR folks don't have a clue about wheeling. Jeep is rarely in this category, but Jeep even outdid themselves and found some beautiful rocks and boulders to creep over, trees to scale, and ditches to cross. We luckily had the chance to look on the underside of a JK, even though no hoists or racks are available locally to inspect the running gear of the new Wrangler Rubicon. Later on, a night river crossing with water over the hood proved the Wrangler's fording ability as well as the reason for body drain plugs in a real 4x4. With grub in our bellies and a tent for a shelter, we crashed hard 10 time zones away from home in anticipation of the next day's adventures.
Africa conjures images of rain forests and headhunters for most Americans, but we were in the savannah, a high desert type of locale full of wildlife such as hippos, lions, giraffe, elephant, baboons, oryx, gazelles, and zebras. We saw all of these on our journey, with some animals so perfectly camouflaged that we missed them from 10 feet away. The elephant grass is so named because it's so high it could hide an elephant, and it did a good job hiding us in a convoy of two- and four-door Jeeps winding through the veldt between trails. Another river crossing brought us to a rocky canyon heretofore unknown except for a few poachers and natives. Steep descents and climbs in the Wranglers took us through crocodile-infested pools which we didn't dally in, and high-speed sand washes tested the suspension and performance of the Jeeps in a sand dune sort of way. Our final river crossing took us on a hand-grabbed ferry across the Zambezi Riverwhere our accommodations included running water for showers, which was much appreciated. From there, we left the magic of Africa to board another aluminum tube for 24 hours of hell, wondering why we left the jungle in the first place.


text:
Welcome, Guest. Please
03/22/19 at 11:57:10
General Discussion and Support
Previous topic
Next topic
Pages: 1
Newbie questions- TABOO & CSP (Read 2316 times)
Ex Member
Newbie questions- TABOO & CSP
10/01/07 at 17:36:42
Okay, so I haven't yet received Brad's TABOO and CSP and as the seconds drag by I have some general questions:
1. What is preferred for the CSP- leave it on all the time or turn it on before listening? I typically listen about an hour to three per evening (M-F), though I may go a week without listening.
2. I assume (always dangerous) that I would turn on the TABOO just for listening to extend the life of the output tubes. Correct?
3. What gets power first- CSP or TABOO? Which one do I turn off the power on first?
4. I think I need to have speakers connected before I turn the TABOO on, but it's okay not to have sources connected. Correct? Any thing I should know about the CSP in this manner?
Coming from a tube integrated, I always turned it off after listening. The Cary also didn't want to have any thing connected ('cept the power) to bias.
Any other helpful hints are welcome.
Back to top
IP Logged
Senior Member
I ride!
Posts: 64
Re: Newbie questions- TABOO & CSP
Reply #1 -
10/01/07 at 22:10:32
1 - I turn my CSP 2 off when I'm not listening. I would say it sounds at about 95% after the first minute (which is great anyway) and reaches 100% within 15 or 20 mins. I don't feel compelled that I'm missing that much that I want to add extra heat and burn fossil fuels, and my tubes, especially when I can't guarantee that I'll listen extensively tomorrow. Same with my amps.
2 - see 1.
3 - Power up source - pre-amp - amp. This way you don't 'spike' the amp when you turn on other devices. Power down in the opposite manner - amp - preamp - source.
4- Absolutely do not turn on the amp without speakers connected unless you 'know what your doin'. you risk burning your output transformers or other componentry without having a load on them if there is a source signal running into the amp. You dont' need a source plugged when you want to listen to 'the sounds of silence' or part of debugging a hum. Althought I don't htink you'll blow anything up by plugging or unplugging things into the CSP, it is prudent to not be plugging things in and out with things on cause tubes are hot, volages are high, and accidents happen. The Taboo is self biasing, so there really is no reason to not have speakers connected.
Back to top
Decware HDT-Alt tuning, Hagtech Cymbals
Hagerman: Chime Gold DAC; Castanet Line Stage; Cornet II, Piccolo, Thorens TD160 w/ Rega Rb300; Oracle Alexandria II TT, Mayware F4 arm w/Soundsmith-Denon dl-103, Yamaha T-1 Tuner
Many fostex experiments....
IP Logged
Seasoned Member
Posts: 108
Re: Newbie questions- TABOO & CSP
Reply #2 -
10/02/07 at 12:53:43
Agree with Yoda on this, except to say my csp and selects don`t come fully "on song" for I reckon about 30 mins. I tend to power up the amps and cd player about a half hour before I sit down for a session.
Back to top
Nottingham Analogue Spacedeck with Spacearm with Denon DL301mk 2 Cart.
Decware ZP2
Sony CDP X-3000 ES
Decware CSP Pre amp
Two Decware SE84CS strapped in parallel
Tannoy Grf Memory Speakers
IP Logged
Pages: 1
General Discussion and Support
Previous topic
Next topic
» Powered by
YaBB 2.2.2
© 2000-2008. All Rights Reserved.


text:
No. 90,805
a Kansas Corporation,
PAUL Z. MOSES and RUTH E. MOSES,
1. Whether there is a waiver of timely notice of exercising an option to purchase in a real estate lease agreement is a question of fact to be determined from its circumstances indicating the intention of the parties. Waiver may be inferred from the conduct of the parties.
2. Where an original lease or agreement to lease provides for an extension or renewal of the lease at the tenant's election, and where the tenant elects to renew the lease or extend its term, the time for exercising a purchase option contained in the lease and exercisable during the term of the lease is likewise extended.
Appeal from Sedgwick District Court; DAVID W. KENNEDY, judge. Opinion filed August 13, 2004. Affirmed.
Robert T. Cornwell and Robert L. Nicklin, of Wichita, for the appellants.
John Terry Moore, of Moore Martin, L.C., of Wichita, for the appellee.
Before ELLIOTT, P.J., PIERRON and GREENE, JJ.
PIERRON, J.: In this declaratory judgment action involving a commercial real estate lease, appellants Paul Z. Moses and Ruth B. Moses appeal the trial court's decision that they were estopped and/or waived their right to assert a breach of contract and that appellee Concrete Accessories Company, Inc., properly exercised its option to purchase the property under the lease agreement. Appellants argue appellee did not have an option to purchase due to its status as a holdover tenant and the trial court's conclusion on estoppel and waiver is not supported by substantial competent evidence. We affirm.
The facts in this case are for the most part undisputed.
On January 18, 1996, appellants entered into a written lease with appellee for commercial real estate and buildings commencing on March 1, 1996, and terminating on February 28, 1999. Rent for the property, which was divided into two parcels, was a combined amount of $4,700 per month for the first year, $4,800 per month for the second year, and $4,900 per month for the third year. The lease also provided that appellee would pay all the real estate taxes at the 1995 assessment levels and appellants would be responsible for any tax amount in excess of the 1995 assessment levels. Appellee had the right to make any additions or improvements at its expense.
The parties contemplated possible renewal of the lease for three additional 3-year periods. Paragraph 2(h) provided:
"Lessee will have the option to renew this lease, for three additional periods of three years, upon 90 days written notice to Lessor. The rental rates for the combined Parcels 1 and 2 for the option periods are as follows:
Option period 1 $5,000 per month
Option period 2 $5,250 per month
Option period 3 $5,500 per month
"All other terms and conditions remain unchanged."
The lease also allowed appellee an option to purchase the subject property. Paragraph 17 provided:
"Lessor does hereby grant to Lessee, solely as additional consideration for the rent to be paid by Lessee hereunder, the exclusive option to purchase both Parcel 1 and Parcel 2 for the aggregate sum of $400,000.00 In addition to Lessee's purchase option, Lessee is also hereby granted by Lessor a right of first refusal regarding any sale of Parcel [sic] and Parcel 2."
On January 20, 1999, the accountant for appellee sent a letter to appellants concerning the payment of real estate tax provisions in the lease and appellants' failure to timely pay certain back taxes. Appellee stated it would pay the back taxes and then offset the amount by reducing its rent payment by a proportionate amount over the next 9 months. The letter contemplated a continuation of the lease:
"Our proposed solution to this situation would be to withhold an amount from your lease payment every month, beginning March of 1999 until the amount is resolved. We would withhold $600 in March, and $1,000 each month until the end of 1999 (9 months) which would satisfy the $9,600.00 overpayment. We propose that, in the future, we will pay the full amount we owe for each year, $6,347.21 directly to you prior to December 20 of each year, and you will be responsible for paying the tax to the county."
Appellee gave no other formal written notice that it was extending the lease for the first 3-year option period. On February 28, 1999, the original 3-year term expired without comment by any party. Beginning with the rent due in March 1999, appellee paid the increased rental amount of $5,000 due under the first 3-year option period with no objection by appellants. Appellee continued to deduct the amount of back taxes owed by appellants.
Gregg Fuson, appellee's financial manager, testified that he did not have any problems understanding the renewal provisions of the lease and that he did not give the required notice to renew the lease. Fuson stated it was his understanding of local practice with regard to commercial leases that written notice, even though called for in the lease, was not sent. Instead, he believed that payment of the first rental payment in the renewal period would create a renewal of the lease.
From 1999 through 2001, the parties continued the relationship of increased rent payments and a deduction of back taxes. On January 18, 2002, appellants, through their attorney, sent a certified letter informing appellee that the lease had expired on February 28, 1999, that appellee had failed to exercise the option to renew the lease, and that appellee was a tenant at will. The letter stated the tenancy would be terminated as of midnight on February 28, 2002. On January 29, 2002, appellee, through its attorney, sent a letter informing appellants that the parties had been acting in accordance with the lease agreement throughout the first option period and that appellants had continually accepted the benefit of the lease agreement and could not now deny the existence of the terms of the lease.
On February 21, 2002, appellee filed a petition for declaratory judgment seeking a finding that the lease agreement was valid and binding and that appellee had either exercised both the first and second option periods or that appellants had waived any requirements for notice of renewal. On February 26, 2002, appellee gave notification that it was exercising its option to purchase the property for $400,000 pursuant to the terms of the lease. The trial court established an escrow account for $400,000.
Appellee filed a motion for partial summary judgment seeking a ruling that appellee properly exercised the option to purchase in the lease agreement and it was enforceable as a matter of law even if appellee was only a month-to-month tenant as asserted by appellants and/or was a year-to-year holdover tenant pursuant to K.S.A. 58-2502. The trial court stated in its ruling from the bench:
"And that means the question for the court this afternoon - - and Counsel are in agreement, it's a question of first impression in Kansas - - is, where you have a holdover tenant on a year to year basis and the holdover tenant is a holdover from a written lease, do all of the terms of that lease continue to be in effect.
"I find under the terms of this lease that they do. The lease itself recognizes that part of the consideration for the lease payments or rent, as it's called, is the option to purchase the two parcels, and I find that that distinguishes it from most of the case - - well, actually, all the cases cited by the parties. There are no cases that are exactly [on] point, unless they're covered by a statute, and that takes them out of point, I guess.
"But I find as a matter of law that paragraph number 17 of the January 18,1996 lease remained in effect . . . on . . . February 26th of 2002."
Following the ruling on summary judgment, the trial court conducted a hearing on issues surrounding whether appellee exercised the first option to renew and whether appellants were estopped or waived any objection to appellee's failure to properly exercise the option.
The trial court found appellee did not strictly comply with the option to renew for the first 3-year option period. The court concluded that both parties ignored some terms of the lease agreement but there was no offsetting clean hands doctrine because appellee invested substantial funds into the renovation of the property, appellee paid the real estate taxes which were appellants' obligation, and appellee paid the increased rent amount consistent with the first option to renew lease period. The court held appellants were estopped and waived their right to assert a breach 2 years and 11 months into the first 3-year option to renew period and that appellee properly exercised its option to purchase the property under the lease agreement.
Appellants argue there was not substantial competent evidence to support the trial court's waiver and estoppel conclusions of law.
The function of an appellate court is to determine whether the trial court's findings of fact are supported by substantial competent evidence and whether the findings are sufficient to support the trial court's conclusions of law. Substantial evidence is such legal and relevant evidence as a reasonable person might accept as sufficient to support a conclusion. Unrau v. Kidron Bethel Retirement Services, Inc., 271 Kan. 743, 747, 27 P.3d 1 (2001).
Appellants argue it is undisputed that appellee did not give the proper notice of renewal pursuant to the lease and that the first time appellee gave actual notice that it had exercised the first renewal option was on January 29, 2002. Appellants state they had no obligation to remind appellee of its right to renew, or to inform appellee that it had not given the proper notice to review, or to notify appellee that it was a holdover tenant, or upon receipt of the increased rental check to inform appellee that it was not pursuant to the first renewal option. Appellants also argue there is no substantial evidence in the record of any dates or costs of renovations made to the subject property.
Appellants contend their acceptance of the increased rent does not constitute wavier or estoppel of their right to assert any breach of lease issues. They cite Hudson Oil Company of Mobile, Inc. v. McLeod, 424 F.2d 1269 (5th Cir. 1970); Vuci v. Nathans, 357 So. 2d 561 (La. App 1978); Dyer v. Ryder Student Transp. Services, 765 A.2d 858 (R.I. 2001). Appellants state that appellee never told them if they accepted the increased rent that it constituted a renewal of the first option period of the lease and appellants believed appellee was paying the additional rent as a holdover tenant. Appellants state there was confusion about which party would pay the taxes, but apparently argue they were not required as a result of all the correspondence about the taxes to notify appellee they did not consider the correspondence to be a notice of renewal.
Appellants' authority concerning acceptance of increased rent is unconvincing. In Dyer and Vuci, the courts did not even discuss the increased rent and, in fact, the court in Vuci stated there was some testimony that the lessee did not wish to extend the lease and that his continued occupancy was under a new verbal agreement. The court in Hudson stated that "[w]aiver cannot be implied from the facts here, including acceptance of increased rent. It must be manifested in some unequivocal manner not found here." 424 F.2d at 1271. The court in Hudson cited McIntyre v. Coker, 274 Ala. 457, 150 So. 2d 220 (1963), which is more in line with the waiver facts presented in the case at bar.
In McIntyre, Coker was the lessee of property under two leases with primary terms expiring on December 31, 1956. Both leases contained provisions allowing for renewal for two additional 5-year periods if written notice were given at least 30 days prior to the expiration of the primary term and again at the end of the first renewal term. Coker did not give written notice, but the lessor continued accepting rent after the end of the primary term without mentioning the failure of notice to renew. On December 8, 1960, the lessor sold the property to McIntyre, who demanded possession of the property from Coker. Coker filed a declaratory judgment action, and the trial court held that both leases had been legally extended to December 31, 1961, and that Coker had the right to a second 5-year extension provided for in the lease.
The McIntrye court affirmed the trial court, stating:
"In so far as we are advised, this court has not been called upon heretofore to pass on the question as to whether a holding over and payment of rent is sufficient to constitute a renewal of the lease for the additional term, at the same rental, when the lease provides for the lessee to give to the lessor written notice of the lessee's intention to renew.
"The courts of other states are not in agreement, but we believe the better view to be that where there is no distinction between a 'renewal' provision and one for the extension of the lease, as is the rule in this state, a lessee who enters into possession of the demised premises under a lease for a fixed term, with the privilege of renewing it by giving written notice to the lessor, and continues in possession after the fixed term has expired, paying the rent therefor as it becomes due, thereby elects to exercise the option for a renewal, although no written notice was given. In such a lease the requirement of a written notice may be waived by the parties, and a waiver may be implied when the lessee remains in possession and pays the rent to the lessor. [Citations omitted.]" 274 Ala. at 461.
Appellants also argue the trial court's decision conflicts with Duffy v. Casady, 29 Kan. App. 2d 549, Syl., 28 P.3d 1040 (2001), wherein the Duffy court stated: "[E]quity could not be invoked to extend or renew a commercial lease that has already expired by its express terms." There, the lessee gave proper notice of renewal for several renewal periods, but when the lessee mistakenly missed the date for proper notice, the lessor immediately terminated the lease. The facts in Duffy are not similar to the present situation.
Whether there is a waiver of timely notice of exercising an option is a question of fact to be determined from the circumstances indicating the intention of the parties. Waiver may be inferred from the conduct of the parties. 49 Am. Jur. 2d, Landlord and Tenant §§ 186, 187 (1995); see Wharf Restaurant v. Port of Seattle, 24 Wash. App. 601, 609, 605 P.2d 334 (1979).
Appellants argue estoppel does not apply because there is nothing they did upon which appellee relied to its detriment. Appellants argue waiver does not apply because appellee did not produce any evidence proving they waived the provisions in the lease requiring 90 days' written notice in order to renew the lease.
A party asserting equitable estoppel must show that another party, by acts, representations, admissions, or silence when he or she or it had a duty to speak, induced the party asserting estoppel to believe certain facts existed. The party asserting estoppel must also show that the party rightfully relied and acted upon such belief and would now be prejudiced if the other party were permitted to deny the existence of such facts. Gillespie v. Seymour, 250 Kan. 123, 129, 823 P.2d 782 (1991).
The trial court's decision that appellants waived their right to challenge appellee's failure to give proper notice is supported by substantial competent evidence. Appellants cannot claim they did not contemplate an extension of the written lease. This case does not involve a lease without any renewal options. Rather, it involves a written lease with three additional option or renewal periods. Prior to the expiration of the primary term of the lease on February 28, 1999, appellee sent appellants a letter dated January 20, 1999, detailing how the property taxes would be subtracted from the rent payments through the end of the year, which time frame continued into the first renewal option period. The parties continued through the first option period in compliance with an apparent renewal of the lease. Appellants accepted, without objection, the timely rent payments for 35 of the 36 months in the first option period before alleging a default in the notice of renewal. Appellee paid its monthly rent and increased the rent payment in line with the increases contemplated in the written lease.
We agree with the trial court that appellants waived any breach of the lease through their acceptance of material or substantial performance of the first renewal option.
Further, appellants do not dispute the improvements made to the property, only that the evidence does not indicate the exact date of the improvements and their cost. The testimony at trial included evidence that appellee improved the property by stuccoing one of the buildings, paving the parking lot, fencing portions of the property, remodeling the interior of a building, and repainting all six large buildings on the property.
There is also substantial competent evidence, based on undisputed evidence, that appellee exercised its option to purchase on February 26, 2002, prior to the expiration of the first 3-year renewal period. Appellee gave written notification that it was exercising its option to purchase the property for $400,000 pursuant to the terms of the lease. Appellee was in the third year of the first 3-year renewal period. The first 3-year option period would have expired on February 28, 2002. There is substantial competent evidence to support the trial court's decision that appellee properly exercised its option to purchase.
Appellants argue that appellee, as a holdover tenant, does not have the option to purchase the property. Appellants state the option to purchase expressly expired upon the termination or expiration of the lease and in this case the lease expressly terminated on February 28, 1999. They argue that by definition to be a holdover tenant the underlying lease has to terminate or expire. Appellants argue the trial court erred in construing the unambiguous terms of this lease to create a wholly unexpressed option to purchase by a holdover tenant.
Appellants further argue the option to purchase is not available to holdover tenants. They cite multiple jurisdictions that have held that a holdover tenant cannot exercise an option to purchase. See generally 49 Am. Jur. 2d, Landlord and Tenant § 418; Annot., 15 ALR3d 470.
Kansas has a holdover statute, but it does not specifically address the option to purchase. See K.S.A. 58-2502 ("When premises are let for one or more years, and the tenant with the assent of the landlord continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a tenant from year to year."); compare Wis. Stat. § 704.25(3) (2001) ("A periodic tenancy arising under this section is upon the same terms and conditions as those of the original lease except that any right of the tenant to renew or extend the lease, or to purchase the premises, or any restriction on the power of the landlord to sell without first offering to sell the premises to the tenant, does not carry over to such a tenancy."). The problem for appellants in this case is that appellee was not a holdover tenant. Instead, as seen above, appellee occupied the subject property pursuant to the first 3-year renewal option of the written lease.
The issue facing the court is whether the option to purchase carries over to the renewal period under a written commercial lease. An appellate court's review of conclusions of law is unlimited. Lindsey v. Miami County National Bank, 267 Kan. 685, 689-90, 984 P.2d 719 (1999).
Contrary to the holdover situation suggested by appellants, courts as a general rule hold that where an original lease or agreement to lease provides for an extension or renewal of the lease at the tenant's election and where the tenant elects to renew the lease or extend its term, the time for exercising a purchase option contained in the lease and exercisable during the term of the lease is likewise extended. See Thomas & Son Transfer Line, Inc. v. Kenyon, Inc., 40 Colo. App. 150, 154, 574 P.2d 107 (1977); Ardito v. Howell, et. ux., 29 Del. Ch. 467, 473, 51 A.2d 859 (1947); Sisco v. Rotenberg, 104 So. 2d 365, 374 (Fla. 1958); 49 Am. Jur. 2d, Landlord and Tenant § 416, p. 357.
The court in III Lounge, Inc. v. Gaines, 217 Neb. 466, 472, 348 N.W.2d 903 (1984), stated:
"We hold that absent words of express limitation, when a lease confers on the lessee an option to purchase the property at any time during the term of the lease, and the lease is thereafter extended upon the same terms and conditions, the option to purchase is also extended for the period of the extended term."
Appellants contend the trial court erred in construing the lease by focusing solely on the language that the option to purchase was granted "solely as additional consideration for the rent to be paid by Lessee [appellee] hereunder." Although the trial court was analyzing the additional consideration in the context of a holdover tenant, that language is equally applicable as additional consideration for the option to purchase. This language of the lease also indicates the inseparable nature of the option and the leasehold. See Country Club v. Hinckley, 229 Mich. 291, 201 N.W. 190 (1924); compare Carter v. Frakes, 303 Ky. 244, 197 S.W.2d 436 (1946) (leasehold and option were separate and option did not carry into renewal period); Pettit v. Tourison, 283 Pa. 529, 129 A. 587 (1925).
We note the language of the lease stated that when the lease was extended, except for the rent, "[a]ll other terms and conditions remain unchanged."
We hold appellee occupied the subject residence under the renewal options of the written lease and appellee properly exercised its option to purchase the property before expiration of the first 3-year renewal period.
GREENE, J., concurring: I fully agree with most of the holdings and the result of the majority opinion but write only to suggest a more direct and straightforward analysis of the issues framed. First, when the tenant with consent continues to occupy leased premises after expiration of the term, tenant is deemed to be a tenant from year to year. K.S.A. 58-2502. Second, the general rule in Kansas is that when a tenant holds over with the consent of the landlord, express or implied, the law implies a continuation of the original tenancy upon the same term and conditions. Becker v. McFadden, 221 Kan. 552, 555, 561 P.2d 416 (1977); Thomas v. Dudrey, 208 Kan. 684, 690, 494 P.2d 1039 (1972); Buckle v. Caylor, 10 Kan. App. 2d 443, 444, 700 P.2d 979 (1985).
Accordingly, the lease provision here requiring 90 days' written notice for renewal served only to secure the leasehold for an additional 3 years, whereas holding over with permission would secure the leasehold for at least an additional year upon the same terms and conditions as a matter of law. Whether by renewal after written notice or by holding over with consent of the landlord, the tenant is entitled to all the terms and conditions of the original lease, including further renewal options and the purchase option. So long as the tenant exercises a purchase option under the lease within the term of a valid holdover tenancy, the right is fully enforceable as a matter of law.
I would affirm the district court on this legal basis. See Bergstrom v. Noah, 266 Kan. 847, 875-76, 974 P.2d 531 (1999).


text:
Wedding and Party Favors: Welcome Packages and Gift Bags for Out-of-Town Guests (Part Two)
Goodie bags are a great way to welcome your out-of-town guests. What should go inside them?
(page 1 of 2)
Because we're such a mobile society, it's a rare wedding that doesn't have guests coming in from out of town. The "guests' goodie bag" has become a tradition among many brides. It's a lovely gesture.
A Hudson Valley bride asks: "We want to accommodate the guests who have to travel to attend our wedding. We'd like to put together goodie bags, but we don't have the budget to spend an inordinate amount of money. Any suggestions?"
» More about out-of-town goodie bags
» More from The Wedding Guru
» Submit a question to the Wedding Guru
» Hudson Valley Weddings 2013
(Continued on next page)


text: Sportsmen Against Ethanol? November 1, 2013 02:25 AM Tweet TAGS: Marketing, Overseas December 18, 2014 By Fran Howard AgWeb Contributing Writer Email Could outdoorsmen be the latest opponent of the renewable fuels standard? Could ethanol soon have a new opponent? The Congressional Sportsmen's Foundation, a bipartisan group of 300 members of the U.S. House of Representatives and U.S. Senate, which represent nearly all states, held a briefing this week to look at the renewable fuel standard's impact on wildlife and one of the country's most prolific fisheries. "There is a correlation between the increased acreage of corn being planted and fertilized in the Midwest and the size and persistence of areas of hypoxia off the Mississippi River, commonly known as the 'dead zone,' " says Larry McKinney, executive director of the Harte Research Institute for Gulf of Mexico Studies at Texas A&M University in Corpus Christi. McKinney was one of several speakers to address a breakfast briefing of the Congressional Sportsmen's Foundation on Oct. 29. The briefing focused on potential reforms in the renewable fuel standard and the standard's impact on fish and wildlife habitat, water quality, and marine fisheries. The foundation works at both the state and federal levels on policy issues to protect and advance the interests of those who engage in hunting and recreational fishing. Cole Henry, spokesperson for the Congressional Sportsmen's Foundation, says this is the first time the group has looked at how ethanol policies affect sportsmen. As of yet, Henry says the foundation has not taken a position on the renewable fuel standard. Nitrogen used to fertilize Midwest cornfields leaches into the Mississippi River and out into the Gulf of Mexico, where experts say it feeds a giant algae bloom. This algae bloom eventually dies and settles to the Gulf floor, consuming oxygen and suffocating marine life, creating a "dead zone." In 2013, the "dead zone" covered an area of 5,840 square miles. While dead zones occur at the mouths of rivers worldwide, McKinney says that the one at the mouth of the Mississippi is the second largest in the world because the river drains such a large land mass—40% of the continental United States. "I think we need to reconsider federal policies that result in such unintended consequences or at least develop and fund federal actions to mitigate the damage," said McKinney. Seven states—Illinois, Iowa, Indiana, Missouri, Arkansas, Kentucky, Tennessee, and Mississippi—account for 75% of the nitrogen that runs off into the Mississippi River, eventually adding to the dead zone. "Twenty-five percent of the phosphorous and 52% of the nitrogen in the Mississippi comes from corn," McKinney adds. Taking marginal land out of the Conservation Reserve Program and planting it to corn is also a concern, McKinney adds. While not necessarily in favor of reducing or eliminating the renewable fuel standard, McKinney says that investment needs to be made in figuring out ways to reduce fertilizer run-off. "Farms don't want to waste the fertilizer," he says. "It is money down the drain." Back to news