HomeMy WebLinkAbout1995-068
RESOLUTION NO. 95-68
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
SALE OF CERTAIN PROPERTY
WHEREAS, the city of San Bernardino (the "City") is a
municipal corporation and charter city organized and existing
pursuant to the Constitution and laws of the State of California;
and
WHEREAS, the Mayor and Common Council (the "Mayor and
Common Council") is the governing body of the City; and
WHEREAS, the City has approved and executed that
certain Mutual Release and Settlement Agreement (the "Settlement
Agreement") dated August 29, 1994, by and among the City and
certain owners of land located in the City's Assessment District
No. 995 (the "Landowners") and has approved and executed that
certain Mitigation Agreement (the "Mitigation Agreement") dated
August 3D, 1994 by and between the City, the San Bernardino
Unified School District (the "School District") and the
Landowners; and
WHEREAS, the Settlement Agreement and Mitigation
Agreement require that the City transfer certain property (the
"Property") to the School District in return for the School
District releasing certain funds to a trustee on behalf of the
city; and
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WHEREAS, the Property is currently dedicated to use by
the San Bernardino Water Department (the "Water Department") and
in return for the Water Department agreeing to release said
Property, the city shall reimburse the Water Department One
Million Dollars ($1,000,000); and
WHEREAS, the City has requested that the Agency assist
the City in carrying out this transaction; and
WHEREAS, in order to carry out the terms of the
Settlement Agreement and Mitigation Agreement, the City deems it
desirable and in the best interests of the City and the residents
of the City that it (i) provide for the transfer of the Property
to the School District through a transfer to the Agency and (ii)
enter into that certain reimbursement agreement in order to
reimburse the Water Department for the Property.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
section 1, Authorization and Approval of Sale of
Propertv and Acauisition Aareement. The Mayor and Common Council
hereby authorize and approve the sale of the Property and the
Acquisition Agreement by and between the Agency and the city (the
"Acquisition Agreement") in the total principal amount of not to
exceed One Dollar ($1.00) pursuant to and in accordance with the
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terms of the Acquisition Agreement for the purpose of
transferring the Property to the School District, The Mayor and
Common Council hereby approve the forms of the Acquisition
Agreement and City Grant Deed as presently on file with the City
Clerk, together with any changes therein or additions thereto as
may be approved by the Mayor or City Administrator or as
necessary to incorporate other terms and conditions when such
terms and conditions have been ascertained. The Mayor and Common
Council hereby further authorize and direct that the forms of the
Acquisition Agreement and City Grant Deed be converted into the
final forms thereof. The Mayor or such other members of the
Common Council and the City Administrator are hereby authorized
and directed to execute and deliver, and the City Clerk is hereby
authorized and directed to attest to and affix the seal of the
City to, the final forms of the Acquisition Agreement and City
Grant Deed as necessary when the same have been prepared for and
in the name of and on behalf of the City and such execution and
delivery shall be deemed to be conclusive evidence of the
approval thereof. The Mayor and Common Council hereby authorize
the delivery and performance of the Acquisition Agreement and
City Grant Deed.
Section 2. Authorization and Approval of
Reimbursement Aqreement. The Mayor and Common Council hereby
authorize and approve the Reimbursement Agreement (the
"Reimbursement Agreement") pursuant to and in accordance with the
terms of the Reimbursement Agreement. The Mayor and Common
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Council hereby approve the form of the Reimbursement Agreement as
presently on file with the City Clerk, together with any changes
therein or additions thereto as may be approved by the Mayor or
City Administrator or as necessary to incorporate other terms and
conditions when such terms and conditions have been ascertained.
The Mayor and Common Council hereby further authorize and direct
that the form of the Reimbursement Agreement be converted into
the final form thereof. The Mayor or such other members of the
Common Council and the City Administrator are hereby authorized
and directed to execute and deliver, and the City Clerk is hereby
authorized and directed to attest to and affix the seal of the
City to, the final form of the Reimbursement Agreement as
necessary when the same has been prepared for and in the name of
and on behalf of the City and such execution and delivery shall
be deemed to be conclusive evidence of the approval thereof. The
Mayor and Common Council hereby authorize the delivery and
performance of the Reimbursement Agreement.
Section 3. Official Actions. The Mayor and other
members of the Common Council, the City Clerk, the City
Administrator, the City Attorney and any and all other members
and officers of the City are hereby authorized and directed, for
and in the name and on behalf of the City, to do any and all
things and to take any and all actions, including but not limited
to, execution and delivery of any and all assignments,
certificates, requisitions, agreements, notices, consents,
instruments of conveyance, warrants and other documents which
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1 consents, instruments of conveyance, warrants and other documents
2 which they, or any of them, may deem necessary or advisable in
3 connection with the execution and delivery of the Reimbursement
4 Agreement and the consummation of the transactions described
5 therein.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SALE OF CERTAIN PROPERTY
section 4.
Effective Date.
This Resolution shall
take effect from and after the date of its passage and adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
March
9 thereof, held on the 20th
regular
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meeting
day of
1995, by the following vote, to wit:
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
,J:J.^.J.
The foregoing
day of March
AYES
x
X
X
X
X
X
X
NAYS
ABSTAIN
ABSENT
~~
this
resolution is hereby approved
, 1995. /___
--~.V~ fli/tLftl..
Mayor of the city of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
::~~I
SBEOlOOOlIDOC\2029
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5 (this "AGREEMENT") by and between the CITY OF SAN BERNARDINO (the
6 "CITY"), a Municipal Corporation and Charter City duly organized
and existing under the laws of the state of California, and the
REIMBURSEMENT AGREEMENT
REIMBURSEMENT AGREEMENT dated as of
?.J Zt,
,1995,
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8 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
"DEPARTMENT").
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995; and
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24 WHEREAS, the Department had been negotiating with the District
25 for the sale of the Property prior to the issuance of $6,000,000.00
Community Facilities District No. 995 of the city of San Bernardino
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27 Special Tax Refunding Bonds; and
28 WHEREAS, the City agreed to pay the Department the sum of
(the
WITNESSETH:
WHEREAS, the Department purchased certain Property described
on Exhibit "A" hereto (the "property"), utilizing money from the
Water Fund, for the benefit of the City, said Property being
dedicated for Water Department use; and
WHEREAS, the city, through the Redevelopment Agency of San
Bernardino, has agreed to sell the Property to the San Bernardino
City Unified School District (the "DISTRICT"), for an acquisition
price of $1,000,000.00, said sale made pursuant to a Mitigation
Agreement between the City, the District, and certain Landowners as
defined in the Mitigation Agreement, dated as of August 30, 1994
and entered in connection with Community Facilities District No.
REIMBURSEMENT AGREEMENT
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1 $1,000,000.00 for the Property to be deposited in the Water Fund;
2 and
3 WHEREAS, the parties hereto desire to reduce their Agreement
4, to written form as provided herein.
5 NOW, THEREFORE, in consideration of the mutual promises
6 contained herein and other valuable consideration, the receipt and
7 sufficiency of which are hereby acknowledged, the parties hereto
8 agree as follows:
9 SECTION 1.
10 true and correct.
11 SECTION 2. REIMBURSEMENT. The city agrees to reimburse
12 the Department the sum of $1,000,000.00 for the Property as
follows:
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26 SECTION 3. OBLIGATIONS ABSOLUTE. To the fullest extent
27 permitted by applicable law, the obligations of the city under this
28 Agreement shall be absolute, unconditional and irrevocable, and
a)
RECITALS.
The Recitals contained herein are
b)
Reimbursement of $429,174.00 as it is received from the
Landowners in lieu of payment directly to the San
Bernardino city Unified School District for either (i)
school fees at such time as development occurs, or (ii)
proceeds of subsequent Mello-Roos bond financing to
support further development in Community Facilities
District No. 995.
Reimbursement of $570,826.00 as it is received from the
Landowners from additional city School fees paid to city
pursuant to the Mitigation Agreement in order to
reimburse the city for a portion of the cost of the
Proposed School District property.
REIMBURSEMENT AGREEMENT
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1 shall be paid or performed strictly in accordance with the terms of
2 this Agreement.
3 SECTION 4. AMENDMENTS AND NON-WAIVER. This Agreement may
4 be amended only upon the written agreement of the city and the
5 Department, and the City may not take any action herein prohibited,
6 or omit to perform any act herein required to be performed by it,
7 unless it shall first obtain the written consent of the Department.
8 No course of dealing between the Department and the City, nor any
9 delay in exercising any rights hereunder, shall operate as a waiver
10 of any rights of the Department hereunder.
11 SECTION 5. GOVERNING LAW. This Agreement shall be
12 construed and enforced in accordance with, and the rights of the
13 parties shall be governed by, the laws of the state of California.
14 SECTION 6. COUNTERPARTS. This Agreement may be executed
15 simultaneously in two or more counterparts, each of which shall be
16 deemed an original.
17 SECTION 7. SEVERABILITY. Any provision of this Agreement
18 which is prohibited, unenforceable or not authorized in any
19 jurisdiction shall, as to such jurisdiction, be ineffective to the
20 extent of such prohibition, unenforceability or non-authorization
21 without invalidating the remaining provisions hereof or affecting
22 the validity, enforceability or legality of such provision in any
23 other jurisdiction.
24111
25111
26111
27 I I I
28111
REIMBURSEMENT AGREEMENT
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2 Agreement to be duly executed and delivered by their respective
IN WITNESS WHEREOF,
the
parties hereto have caused this
3 duly authorized officers as of the day and year first above
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written.
CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
,
~~~
~ rold . willis, President
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10 ATTEST:
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By: Q~ Ct~
Cit'y Clerk
ATTEST:
By' ~(~
Cheryl . Flowers
Deputy City Clerk &
Ex-Officio Secretary
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15 APPROVED AS TO FORM
AND LEGAL CONTENT:
16 JAMES F. PENMAN
17 CITY ATTORNEY
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REIMBURSEMENT AGREEMENT
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EXHIBIT "A"
The East one-half of Block 76, according to the Map of the Town of Irvington
and lands of Irvington land and Water Company, as per map thereof
recorded in Book 3 of Maps, Page 9, and Book of Record of Surveys, Page 3,
in the office of the County Recorder of San Bernardino County, State of
California, and the vacated Southerly 20.00 feet of Belmont Avenue lying
adjacent to said East one-half of Block 76 and the vacated Northerly 10.00
feet of Irvington Avenue lying adjacent to said East one-half of Block 76, as
said streets were reduced in width by the Board of Supervisors of San
Bernardino County on February 21, 1910.
EXCEPTING THEREFROM, those portions dedicated for street and highway
purposes as set forth in City of San Bernardino Resolution No. 91-485,
recorded as Document No. 91-474266, Official Records of said County.
ASSESSOR'S PARCEL NUMBER: 151-291-01
REIMBURSEMENT AGREEMENT
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SBEO\OODI-I03\1067
7\11 \95 915 ct
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into as of the 20th
day of March, 1995, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, a public body corporate and politic
organized and existing under the laws of the State of California
(hereinafter referred to as the "Seller"), and THE SAN BERNARDINO
UNIFIED SCHOOL DISTRICT, a school district and public body
organized and existing under the laws of the State of California
(hereinafter referred to as the "Purchaser")
RECITALS
1. Seller is the owner of certain land and public facilities
(the "Property") located in the City of San Bernardino, California,
as more fully described in Exhibit "A" hereto and incorporated
herein by this reference.
1. The
order to carry out
Purchaser desires to purchase said Property in
its public purposes.
2. The requirements necessary to carry out
purchase and sale have been met and the parties hereto are
authorized to enter into this agreement.
said
duly
COVENANTS
NOW,
recitals and
contained, the
THEREFORE, in consideration of the preceding
the mutual promises and covenants hereinafter
parties agree as follows:
Section 1. Purchase: Purchase Price. Purchaser agrees
to acquire from Seller the Property described in Exhibit "A"
hereto. The price to be paid by Purchaser for the acquisition of
the Property shall be for consideration as provided in the
Mitigation Agreement dated August 30, 1994, by and between
Purchaser, the City of San Bernardino, James C. Bice, California
Properties Fund, Irving M. Feldkamp, III and Ruth Newbury.
As a condition to the payment of such acquisition price,
Seller shall transfer ownership of the Property being acquired by
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Purchaser by grant deed. Upon the transfer of ownership of the
Property or any portion thereof from Seller to Purchaser, Purchaser
shall be responsible for the maintenance of the Property or the
portion transferred.
Section 2. InsDection.
evaluated the Property to ensure
maintained. Any costs incurred by
approving the Property shall be paid
Purchaser has inspected and
that it has been properly
Purchaser in inspecting and
by Purchaser.
Section 3. Propertv As- Is. Seller makes no
representation, warranty, agreement, statement, guarantee or
promise, other than those contained in this Agreement, and
Purchaser acknowledges that Seller has made no such representation,
agreement, statement, warranty, guarantee, or promise regarding the
Property or the zoning, construction, physical condition or other
status of the Property, except as herein contained. The Property
are being sold to and accepted by Purchaser in their then condition
AS-IS AND WITH ALL FAULTS.
Section 4. Maintenance. Prior to the transfer of
ownership of the Property by Seller to Purchaser, as provided
herein, Seller shall be responsible for the maintenance of the
Property and shall maintain and transfer same to Purchaser in as
good condition as it was at the time of execution of this
Agreement.
Section 5. General. This Agreement contains the
entire agreement between the parties with respect to the matters
herein provided, and may only be amended by a subsequent written
agreement executed by all parties. This Agreement may be executed
in counterparts, each of which shall be deemed an original, but
which together shall constitute a single agreement.
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IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed as of the date first above written.
"PURCHASER"
SAN BERNARDINO
UNIFIED SCHOOL DISTRICT
BY'~
Title: .
ATT~~ ~ ~
By: 78 J:t..., J. ~
Se.t-~~
"SELLER"
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By: 1{~OJ"cY~ci,'/f
Acting Executive Director
ATTEST:
By:
C.Steinhaus
Agency Administrator
SBEO\OOOl\DOC\1067
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EXHIBIT llAll
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The East one-half of Block '6, according to the Map of the Town of Irvlngton
and Lands of Irvlngton land and Water Company, as per map thereof
recorded in Book 3 of Maps, Page 9, and Book of Record of Surveys, Page 3,
in the office of the County Recorder of San Bernardino County, State of
California, and the vacated Southerly 20.00 feet of Belmont Avenue lying
adjacent to said East one.ha/f of Bloele 76 and the vacated Northerly 10.00
feet of Irvlngton Avenue lying adjacent to said East ona-half of Block 76, as
said streets were reduced in width by the Board of Supervisors of San
Bernardino County on February 21,1910.
EXCEPTING THEREFROM, those portions dedicated for street and highway
purposes as set forth In City of San Bernardino Reiolutlon No. 91-'485,
recorded as Document No. 91-474266, ameia' Records of saId County,
~SESSOR'S PARCEL NUMBER: 151-291-01
1l1_IUIlSEMEWT AUIIIIllW1
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RECORDING REQUESTED BY:
Redevelopment Agency of the City of San Bernardino
AFTER RECORDATION, MAIL THIS DEED AND
ALL TAX STATEMENTS TO:
San Bernardino city Unified School District
777 North "F" Street
San Bernardino, CA 92410
Attn: Facilities Management
AGENCY GRANT. DEED
by
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
to
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
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SBEO\OOOl-103\1072
3\10\95315 law
AGENCY GRANT DEED
For valuable consideration, the receipt of which is
hereby acknowledged,
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
a public body corporate and politic (the "Grantor"), pursuant to
and in accordance with the laws of the State of California, hereby
grants to
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
(the "Grantee"), certain real property (the "Property") legally
described in the document attached hereto, labeled Exhibit A, and
incorporated herein by this reference.
1. The Property is conveyed subject to the Purchase and
Sale Agreement entered into between the Grantor and the Grantee,
dated as of , 1995 (herein referred to as the
"Agreement"). The provisionS--of the Agreement are incorporated
herein by this reference and shall be deemed to be a part hereof as
if set forth at length herein.
2. The Grantee covenants by and for itself, its heirs,
executors, administrators and assigns, and all persons Claiming
under or through them, that there shall be no discrimination
against or segregation of any person or group of persons on account
of race, color, creed, religion, sex, age, marital status, national
origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property, or through it,
establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the Property.
All deeds, leases or contracts made relative to the Property,
discrimination clauses:
(a) In deeds: "The grantee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and
all persons claiming under or through them, that there shall
be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion,
sex, age, marital status, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall the grantee,
himself, or any person Claiming under or through him,
establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the land herein conveyed.
The foregoing covenants shall run with the land."
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(b) In leases: "The lessee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and
all persons claiming under or through him, and this lease is
made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation
of any person or group of persons on account of race, color,
creed, religion, sex, age, marital status, national origin or
ancestry in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the land herein leased, nor
shall the lessee himself, or any person claiming under or
through him, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy, of tenants,
lessees, subtenants, sublessees or vendees in the land herein
leased."
(c) In contracts: "There shall be no discrimination
against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, age, marital
status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the
land, nor shall the transferee himself, or any person claiming
under or through him, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sub lessees or vendees of the land."
J. No violation or breach of the covenants, conditions,
restrictions, provisions or limitations contained in this Grant
Deed shall defeat or render invalid or in any way impair the lien
or charge of any mortgage, deed of trust or other financing or
security instrument permitted by the Agreement; provided, however,
that any successor of Grantee to the Property shall be bound by
such remaining covenants, conditions, restrictions, limitations and
provisions, whether such successor's title was acquired by
foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
4. The terms and conditions set forth in this Grant
Deed shall remain in effect for a period of five (5) years from the
date hereof, except that the covenants against discrimination set
forth herein shall remain in effect in perpetuity and all other
covenants set forth herein shall remain in effect until they are
satisfied in full.
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5. The covenants contained in this Grant Deed shall be
binding for the benefit of the Grantor and its successors and
assigns, and such covenants shall run in favor of the Grantor for
the entire period during which such covenants shall be in full
force and effect, without regard to whether the Grantor is or
remains an owner of any land or interest herein to which such
covenants relate. The Grantor, in the event of any breach of any
such covenants, shall have the right to exercise all of the rights
and remedies, and to maintain any actions at law or suits in equity
or other proper proceedings to enforce the curing of such breach as
provided in the Agreement or by law. The covenants contained in
this Grant Deed shall be for the benefit of and shall be
enforceable only by the Grantor and its successor.
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IN WITNESS WHEREOF, the Grantor and Grantee have caused
this instrument to be executed on their behalf by their respective
officers thereunto duly authorized, this day of ,
1995.
Grantor:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Acting Executive Director
The provisions of this Grant Deed are hereby approved and
accepted by order of the San Bernardino City Unified School
District and said Grantee hereby consents to the recordation
hereof.
Grantee:
SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT
By:
Authorized Officer
SBEO\OOOl\DOC\lrJ72
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