HomeMy WebLinkAbout1986-294
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RESOLUTION NO. 86-294
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIV IS ION TRACT NO. 13233 (PHASE 1 OF TRACT NO.
12607), LOCATED ON THE NORTH SIDE OF ROCCA STREET (EXTENDED)
AND APPROXIMATELY 95 FEET EAST OF GUTHRIE STREET; ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVE-
MENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE ~lAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council find that
8 proposed Subdivision Tract No. 13233 (Phase 1 of Tract No.
9 12607), located on the North side of Rocca Street (extended)
10 and approximately 95 feet East of Guthrie Street, together with
11 the provisions for its design and improvements, is consistent
12 wi th the Genera 1 Pl an of the Ci ty of San Bernardi no.
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The Mayor of the City of San Bernardino
SECTION 2:
14 is authorized on behalf of said City to execute the standard
15 form of agreement adopted by Resolution No. 84-8 with Stotts
16 and S tot t s , I n c . , for the imp r 0 v erne n t s tn s aid sub d i vis ion
17 tract as are required by Title 18 of the San Bernardino
18 Municipal Code and the California Subdivision Map Act. The
19 time for performance is specified at 24 months. Said improve-
20 men t s are s p e c i f i c all y des c rib e d and s how non Dr a win 9 s No. 6 5 3 8
21 and 6550, approved and on file in the Office of the City
22 E n gin e e r 0 f the C i t Y 0 f San B ern a r din 0 .
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SECTION 3: The Final Map of said subdivision tract is
24 hereby approved and the Ci ty of San Bernardi no hereby accepts
25 asp u b 1 i cpr 0 per t y all d e d i cat ion s wit h i nth e sub d i vis ; 0 n a s
26 s how non s aid F ; n a 1 Map for s t r e e t s , all e y s , (i n c 1 u din 9 a c c e s s
27 rig h t s ), d r a i nag e and 0 the r pub 1 ice a s erne n t s. A sac 0 n d i t ion
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precedent to approval of the Final Map, the Subdivider shall
first execute the agreement referenced in Section 2 hereof for
3 the improvements within said subdivision. The City Clerk shall
4 certify the approval and acceptance of the Mayor and Common
5 Counci 1 as set forth in thi s resol uti on.
6 I HEREBY CERTIFY that the foregoing resolution was
7 duly adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
meeting thereof, held on the
r~ 1)111 rI r
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,1986, by the following vote,
21~_ day of
JTu 1 y
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AYES:
Council Members Estrada, Reilly, Hernandez,
Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
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The for ego i n g res 0 1 uti 0 n ish ere by a p pro v e d t his d l't",-
, 1986.
day of
Julv
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Approved as to form:
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'c, ty Attorney
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A G R E E MEN T
(subdivision improvements)
THIS AGREEMENT is made and entered into this 6th day of
August
, 1986, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as IICityll, and
, hereinafter referred to as
IISubdividerll.
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called IImapll) entitled II TR13233
The map has been filed with the City for presentation to the City
Council (hereinafter called IICouncilll) of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called IIsubdivisionll)
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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work to be within 24 months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City En0ineer ma." extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the suretv's liability
on the bond to secure the faithful oerformance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have rerlaced, or renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroyed or damaged, anq Subdivider shall re-
nla(e cr baye renlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or any agencv or
pol itical subdivision thereof, or by the City or by anv publ ic or
private corporation, or bV any person whomsoever, or bv any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and subject to the aoproval, of the City Engineer.
6. Utility Deoosits - Statement
Subdivider shall file with the'City Clerk, prior to the commencement
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of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
corporc.1tic'n involved, to the effect that Suhdivider has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied by
such public utility cornor<:ttion within the Subdivision.
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Permits:
Compl iance Nith Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessarv notices and pav all fees and taxes reouired bv
law. Subdivider shall comply with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~un;c;pal Code.
8. Suoerintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all Darts r.f the
work, and to the shoos wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider sha11 furnish
to City imnrovement security as follows:
(1) An amount equal to at least one hundred nercent of the total
estimated cost of the imnrovement and acts to be performed as
sec~r;ty for. the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the improvements and acts to be oerformed as security for
the nayment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount e~ual to at least twenty-five percent of the total
est~mated cost of the imnrovements and acts to be nerforrned es
security for the guarantee and warranty of the work for a neriod of
one (1) year following the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred bv City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino ~unicinal Code; and
the type shall be at the option of and subject to the apnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apoointive boards, commissions, officers, agents and employees, raro-less
from any liability for damage or clai;;ls faY' damage for personal injury,
incllldinq death, as lA/ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' operations under this agreement, whether such onerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider ar.ree~ to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, 'tlaive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Cit,v by Subdivider, or C'ny cf the insurance pol icie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has orepared, supplied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such ig~uran~e policies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havl;: obtained all insurance required under this paragranh and
such insurance shall have been aporoved by City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to cOfTlTlence \'lcrk en hi s contract or subcontract unti 1 a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All requirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emolovees
employed at the site of imDrovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen IS
C0mpr:ns~tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or any COntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
agreement such public liability and orooertv damage insurance
as shall insure City, its elective and anoointive boards, comm;s-
sions, officers, agents and employees, Subdivider and any cantra<
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal iniurv, including death,
as well as from claims for property dama~e which may arise from
SUb<.iivider'~. Ot' any contractorl s or subcontractor' s operati ons
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor~
and the amounts of such insurance shall be as follows:
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(1 )
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Public Liahility Insurance
I n an amo u n t not ~ € S s t h an $ 1 0 0 , 0 0 0 . 0 0
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $50,000.00
for
damage to the property of each person on account of any
one occurren ce.
I~ the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, oerson,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r subcontractor
performing work covered bv this a9reement.
13. Evidence of Insurance
Subdivider shall furni sh Ci ty concurrently \-li th the executi on
hereof, with satisfactory evidence of the insurance reauired, and
evidence that each carrier is required to give City at least ten
days prior notice of the cancellation or reduction in coverage of
any poli~y during the effective Deriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
bv Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
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the Subdivider should be adjud~Jed a bankrupt, or Subdivider
should make a general assion'Tlcnt for the LJenefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Sl.tbdi"ic:Er's insolvency, Ot" if Sllt-:(~ivicEr, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agr'eernent, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr,rtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance D\f Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take o\,(;r anc cCrT:nlete (he ~'.JOrk and the improvement
herein srecified; provided, however, that if the surety, within
five days after the serving uron if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perfor1Tl0nc(
t~ereof within five days after notice to City of such election,
City may take over the work and Drosecute the same to completion,
by contract or bV any other method City may deem advisable, for
the account and c.t the expense of St1bdi\'idEr, and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Notices
All notices herein required shall be in writing, and delivered
in person or sent bV registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reauired to be given to Subdivider shall be addressed as follows:
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Stotts & Stotts. Inc.
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1522 East 4th Street, Suite 208, Santa Ana.CA 92701
Notices required to be given surety of Subdivider shall be addressed as
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follows: Developers Insurance Company
333 Wilshire, Anaheim, CA 92801
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Provi ded th at any party or the surety may change such address bv noti ce in
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writing to the other partv and thereafter notices shall be addressed and
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transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and vear first above written.
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CI"TY/OF SAN BERNAROINO
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By :'xO A' >~~I . /; /1 ;~) /;:;/,1'/1- r C{~~y::;'"
- Mayor /
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ATTEST:
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c(t:4'((;:~ '~i~0
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SUBDIVII")ER
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II Approved as to form: Bv:
il t22C:~4),i>/' "e/ & Secreta
Ie; tv A'ttorney
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II IN STRIlr:TIfJNS
II If the Subdivider is a corporation, the agreement must be executed in
te corporate name and signed b,v th~ i~e:ident or a \fice-President ar,d the
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CORPORATION
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Cll:
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STATE OF CA,L1FO~NIA.;
COUNTY OF, ~iill1; , .,
On -=slJ[~ - \CUS(C'
personally appeared d:7CU~ (,. S1L'n<:~. ~'S/<:I (~ ,
,
} SS.
personally known to me (or proved to me on the basis of satisfactory
evi nee) to be the person w~o executed t'!ftithin)nstrument as
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the corporation therein named, and acknowledged to me that the corporation
executed it
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.v 304C (REV. 7.84)
, before me, the undersigned, a Notary Public in and for said State,
1 ~~::tflJ /:, ~37C1TSJf: v, p,
. OFFICIAL SEAL
DEBBIE l. BRADLEY
'. NOTARY PUBLIC - CALIFORNIA
ORANGE COUHTY
, 0 My Comm. Expires May I, 1989
~'"
This area for Qfficial Notarial Seal
1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all nersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Sub d i v i de r .
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONfERS
NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
DRISCOLL INS. AGENCY, INC.
2127 ORANGEWOOD AVE.
P.O. BOX 1868
ORANGE, CA 92668
TEL: (714) 634-8921
COMPANIES AFFORDING COVERAGE
Alexander/Howden
INSURED
Stotts & Stotts, Inc.
1522 E. 4th St., #208
Santa Ana, CA 92705
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
::0<- _~ .:.~~(~~';~.;,,"-'~_':;!,.\~:j D ~~~;-- -' ~'_i \:'('. ;
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
DATE (MM/DDIYY) DATE (MM/DDIYY) EACH AGGREGATE
OCCURRENCE
BODILY
INJURY $ $
PROPERTY
DAMAGE $ $
1/31/86 1/31/87 BI & PO ~OO $ 500
COMBINED
PERSONAL INJURY $
BOOIL Y
INJURY $
(PER PERSON)
.. .
BOOIL Y
INJURY $
(PER ACCIDENT)
PROPERTY
DAMAGE $
BI & PO
COMBINED $
BI & PO $ $
COMBINED
STATUTORY
$ (EACH ACCIDENT)
$ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
TYPE OF INSURANCE
POLICY NUMBER
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISEs/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
GLS057140
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS,)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS'LIABILlTY
OTHER
DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/SPECIAL ITEMS
Job Description: 4 Plex Apartment Unit - East Roca St., San Bernardino
T;I!)?tc 7 N ~ I 2 Go 7 ;'! 3 Z 3 3 <<:::
Additional Insured:
City of San Bernardino
Engineering Dept.,
300 N. D. St.
San Bernardino, CA 92418
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