HomeMy WebLinkAboutGOLDEN MEADOWS BUSINESS PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-14SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into this day of
, A.D. 1978, by and between THE CITY OF FORT OOLLINS,
Cowes , a municipal corporation, hereinafter sometimes designated as the
"City", and Collindale South Group A General Partnership
hereinafter designated as the "Developer",
WITNESSEPH:
WHEREAS, Developer is the owner of certain property situate in the County
of Larimer and State of Colorado and legally described as follows:
GOMEN MEADOWS BUSINESS PARK, situate in the South 1/2
of Section 31, Township 7 North, Range 68 West of the
Sixth P.M, City of Fort Collins.
WHEi2EM, Developer desires to develop said property as a cmmtercial
subdivision and has submitted to the City a subdivision plat (aryl a site plan
of said property is to be developed as a Planned Unit Development), a cony of
which is on file in the Office of the City Engineer and by this reference made
a part hereof; and
WHEREAS, Developer has further submitted to the City a utility plan for
said lands, a copy of which is on file in the office of the City Engineer and
by this reference made a part hereof; and
wHERF,AS, the parties hereto have agreed that the development of said lands
will require increased municipal services from the City in order to serve such
area and will further require the installation of certain improvements primarily
of benefit to tb,e lands to be developed and not to the City of Fort Collins as
a whole; and
WHEREAS, the City has approved the subdivision plat (and site plan where
applicable) submitted by the Developer subject to certain rccTuirements and
F. Street improvements (except curbs, gutters and walks)
shall not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service lines :leading in and from the main to the property line.
G. The installation of all utilities shown on the utility
plans shall be inspected by the Engineering Department of the City
and shall be subject to such department's approval. The Developer
agrees to correct any deficiencies in such installations in order
to meet the requirements of the plans and/or specifications
applicable to such installation. In case of conflict, the utility
plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and adjacent
properties against injury and to adequately serve the Property (and
other lands as may be required, if any). The Developer has met or
exceeded the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and
Design Criteria. The Developer does hereby indemnify and hold
harmless the City from any and all claims that might arise,
directly or indirectly, as a result of the discharge of injurious
storm drainage or seepage waters from the development in a manner
or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by
the acts or omissions of the City in maintenance of such facilities
as have been accepted by the City for maintenance; (2) errors, if
any, in the general concept of the City's master plans (but not to
include any details of such plans, which details shall be the
responsibility of the Developer); and (3) specific directives that
may be given to the Developer by the City. Approval of and
acceptance by the City of any storm drainage facility design or
construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The
Developer shall engage a licensed professional engineer to design
the storm drainage facilities as aforesaid and it is expressly
affirmed hereby that such engagement shall be intended for the
benefit of the City, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 26, Article VII of the City Code. Storm
drainage improvements eligible for credit or City repayment under
the provisions of Chapter 26 are described together with estimated
cost of the improvements on the attached Exhibit "B," which
improvements, if applicable, shall include right-of-way, design and
construction costs. See Section II.C, Special Conditions, Storm
Drainage Lines; and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
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Reverse Mylars upon completion of any phase of the construction.
K. The Developer specifically represents that to the best of
its knowledge all portions of the Property dedicated to the City
associated with this development are in compliance with all
environmental protection and anti -pollution laws, rules,
regulations, orders or requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261, and that such portions
of the Property as are dedicated to the City pursuant to this
development, are in compliance with all such requirements
pertaining to the disposal or existence in or on such dedicated
property of any hazardous substances, pollutants or contaminants,
as defined by the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, and regulations promulgated
thereunder. Tlae Developer does hereby indemnify and hold harmless
the City from any liability whatsoever that may be imposed upon the
City by any governmental authority, pertaining to the disposal of
hazardous substances, pollutants or contaminants, and cleanup
necessitated by leaking underground storage tanks, excavation
and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any
nature whatsoever on, of or related to any property dedicated to
the City pursuant to this development. The Developer further
agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the
aforementioned environmental risks brought against the City by
third parties arising as a result of the dedication of portions of
the Property to the City pursuant to this development. Said
indemnification shall not extend to claims, actions or other
liability arising as a result of any hazardous substance, pollutant
or contaminant: generated or deposited by the City, its agents or
representatives, upon portions of the Property dedicated to the
City pursuant to this development.
II. Special Conditions
A. Water Lines
Not Applicable.
B. Sewer Lines
1. The Developer shall reimburse the City the sum of
$536.36 per gross acre for the cost of installation of the Warren
Lake Trunk Sanitary Sewer to serve the development. Said
reimbursement shall be paid prior to the issuance of the first
building permit.
C. Storm Drainage Lines and Appurtenances
The Developer and the City agree that all on -site and
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off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of any certificate of occupancy. Completion of
improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
development have been constructed in conformance with said approved
plans.
2. The Developer agrees to provide and maintain erosion
control improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer shall also be required to post a security deposit in
the amount of $1,182.00 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion
control measures shown on the approved Plan. Said security deposit
shall be made in accordance with the criteria set forth in the
Storm Drainage: Design Criteria and Construction Standards.
D. Streets.
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Harmony Road for those portions of said street
abutting the Property as shown on the approved utility plans.
Reimbursement for Harmony Road shall be for oversizing the sidewalk
from residential standards to major arterial standards. The City
shall make reimbursement to the Developer for the aforesaid
oversized street improvements in accordance with Section 24-121 of
the Code of the City. The Developer agrees and understands that
the City shall have no obligation to make reimbursement payments
for street oversizing unless funds for such payments shall first
have been budgeted and appropriated from the Street Oversizing Fund
by the City Council; and the Developer further understands that to
the extent that funds are not available for such reimbursement, the
City may not, in the absence of the Developer's agreement, require
the construction, at the Developer's expense, of any oversized
portion of streets not reasonably necessary to offset the traffic
impacts of the development. The Developer does hereby agree to
construct the: aforesaid oversized street improvements with the
understanding that the Developer may not be fully reimbursed by the
City for the cost of such construction. The Developer further
agrees to accept payment in accordance with Section 24-121 (d) of
the Code of 'the City as full and final settlement and complete
accord and satisfaction of all obligations of the City to make
reimbursements to the Developer for street oversizing expenses. It
is anticipated by the City that the City's reimbursement, in
accordance with Section 24-121 (d), would not be less than fifty
percent (50%) of the Developer's actual expenses incurred and will
be calculated in accordance with the formula as set forth in
Section 24-121 (d).
2. It is understood that the streets to be constructed
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as described in this section II(D) are "city improvements" and, as
such, any contract for the construction of the same must be
executed in writing. If the cost of such improvements exceeds the
sum of Fifteen Thousand Dollars ($15,000), the contract for the
construction of the same must be submitted to a competitive bidding
process resulting in an award to the lowest responsible bidder; and
evidence must be submitted to the City prior to the commencement of
the work showing that the award was given to the lowest responsible
bidder. If the cost of such improvements exceeds fifty thousand
dollars ($50,000), the contract for the construction of the
improvements must be insured by a performance bond or other
equivalent security.
E. Hazards and Emergency Access.
1. No combustible material will be allowed on the site
until a permanent water system is installed by the Developer and
approved by the City.
2. Prior to beginning any building construction, the
Developer shall provide and maintain at all times an accessway to
said building or buildings. Such accessway shall be adequate to
handle any emergency vehicles or equipment, and the accessway shall
be kept open during all phases of construction. Prior to the City
allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls)
such accessway shall be improved to at least 20 feet wide with 4
inches of aggregate base course material compacted according to
City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if
an exit point is provided at the end of the accessway.
3. The issuance of any building permit by the City is
made solely at the Developer's own risk and the Developer shall
hold the City harmless from any and all damages or injuries arising
directly or indirectly out of the issuance of said permit prior to
the completion of the requirements in accordance with Section 29-
678 of the Code of the City.
III. Miscellaneous
A. The Developer agrees to provide and install, at its
expense, adequate barricades, warning signs and similar safety
devices at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the Director of
Engineering in accordance with the City's "Work Area Traffic
Control Handbook" and shall not remove said safety devices until
the construction has been completed and approved by the Director of
Engineering.
B. The Developer shall, at all times, keep the public right-
:l
of -way free from accumulation of waste material or rubbish caused
by the Developer's operation; shall remove such rubbish no less
than weekly and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way. The
Developer further agrees to maintain the finished street surfaces
so that they are free from dirt caused by the Developer's
operation. Any excessive accumulation of dirt and/or construction
materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until
the problem is corrected to the satisfaction of the Director of
Engineering. If the Developer fails to adequately clean such
streets within, two (2) days after receipt of written notice, the
City may have the streets cleaned at the Developer's expense and
the Developer shall be responsible for prompt payment of all such
costs.
C. The Developer hereby- agrees that it will require its
subcontractors to cooperate with the City's construction inspectors
by ceasing operations when winds are of sufficient velocity to
create blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. The Developer shall, pursuant to the terms of this
Agreement, complete all improvements and perform all other
obligations required herein, as such improvements or obligations
may be shown on the original plat and related documents, or any
replat as subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy as it
deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement,
no such waiver shall be held or construed to be a waiver of any
subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or budgeted
are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
H. This Agreement shall run with the Property and shall be
binding upon the parties hereto, their personal representatives,
heirs, successors, grantees and assigns. It is agreed that all
improvements required pursuant to this _Agreement touch and concern
the Property regardless of whether such improvements are located on
the Property. Assignment of interest within the meaning of this
paragraph shall specifically include, but not be limited to, a
conveyance or assignment of any portion of the Developer's real or
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proprietary interest in the Property, as well as any assignment of
the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
I. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
Property, the City hereby agrees to release said Developer from
liability under this Agreement with respect to any breach of the
terms and conditions of this Agreement occurring after the date of
any such transfer of interest. In such event, the succeeding
property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail. to perform according to the terms of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be
given written notice specifying such default and shall be allowed
a period of five (5) days within which to cure said default. In
the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages;
(b) Treat the Agreement as continuing and require specific
performance or; (c) avail itself of any other remedy at law or
equity.
K. In the event of the default of any of the provisions
hereof by either party which shall require the party not in default
to commence :Legal or equitable action against said defaulting
party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney's fees and
costs incurred by reason of the default. Nothing herein shall be
construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.D of this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
�Clllty Manager
APPROVED AS TO CONTENT:
Dirfector of tngineerY g,
APPROV AS TO FORM:
—�
City Attorney
DEVELOPER:
COLOTEX LECTRI SUPPLY
Cobra corp, ati
By:
(corporate seal)
COMPANY, a
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of
sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of
sequence.
Not Applicable.
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
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conditions which. involve the installation of and construction of utilities and
other municipal improvements in connection with said lands.
Now, TEiEREFORE,.in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of which is
acknowledged by the parties hereto, it is agreed as follows:
1. Except as otherwise herein specifically agreed, the Developer agrees
to install and pay for all utility lines, storm drainage facilities, streets
and other municipal facilities necessary to serve the lands within the subdivision.
2. water Lines.
a. Developer agrees to install all water lines as shown on the utility
plans in accordance with the requirements and as shown on said plans, whether
such lines are actually on the property, bordering the property or on other
lands connecting the subject property to the existing City mater distribution
system.
b. Such water lines shall be installed in full compliance with the
standard specifications of the City on file in the office of the City Engineer
and applicable provisions of the City Code relating to the installation of such
lines.
c. Developer understands and agrees that no building permit for any
stricture in the subdivision shall be issued by the City until the water line
and the fire hydrant serving such structure is installed and accepted by the
City.
d. Any water lines described on Exhibit A, attached hereto shall be
installed within the time required on Exhibit A. If the City Engineer determines
that any lines shown on the utility plans are required to provide service to
other areas of the City, those lines shall be installed within the time determined
by the City Engineer.
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e. All of said lines shall be installed at the sole expense of the
Developer,
f. The installation of said line shall be inspected by the Engineering
Services Department of the City and shall be subject to such department's ao-
proval. Developer agrees to correct any deficiencies in such installation in
order to meet the requirements of the plans and the specifications applicable
to such installation.
3. Sanitary Sewer Collection Lines.
a. The Developer agrees to install all sanitary sewer collection
lines shown on the utility plans, whether the same be on or off the subject
property-
b. Such sanitary sewer lines shall be installed in full compliance
with the standard specifications of the City on file in the office of the City
Engineer relating to the installation of such lines.
c. Developer understands and agrees that no building permit shall be
issued by the City for any structure in the subdivision until the sanitary sewer
line serving such structure is installed and accepted by the City.
d. Any sanitary sewer lines described on Exhibit A, attachd hereto
shall be installed within the thm required on Exhibit A. If the City Engineer
determines that any lines shown in the utility plans are required to provide
service to other areas of the City, those lines shall be installed within the
time determined by the City Engineer.
e. All of said lines shall be installed at the sole expense of the
Developer,
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f. The installation of said lines shall be inspected by the Engineering
Services Department of the City and subject to such department's approval.
Developer agrees to correct any deficiencies in such installation in order to
meet the requirements of the plans and the specifications applicable to such
installation.
4. Electric Lines and Facilities. The City Light and Power Department
shall install all electric distribution lines and facilities required for the
subject property and the Developer shall pay for such work in accordance with
the established charges of the Light and Power Department. Such installation
shall include all street lights required for the development.
5. storm Sewer Lines and Facilities.
a. The Developer shall install all storm sewer lines and facilities
shown on the utility plans.
b. Such storm sewer lines and facilities shall be installed in full
compliance with the standard specifications of the City on file in the office
of the City Engineer relating to the installation of such lines.
c. Developer agrees to complete the installation of detention facili-
ties prior to the issuance by the City of more than 10 building permits and 5
certificates of occupancy for structures within this subdivision.
d. All. of said lines and facilities shall be constructed in an orderly
fashion, as determined by the City Fngin-eer, so as to prevent damage to other
utilities, streets, curb, gutter, sidewalks, and all adjacent properties.
e. All of said facilities shall be installed at the sole expense of
Developer.
f. Th-e installation of all of such lines and facilities shall be in-
sr-cted by the I�igin Bring Services INpartrrent of the City and shall be subject
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to such department's approval. Developer agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans and the
specifications applicable to such installation.
6. Streets.
a. The Developer agrees to install all streets shown on the utility
plans, complete with paving, curb, gutter and sidewalks-
b. Such streets shall be installed in full compliance with the standard
specifications of the City on file in the office of the City Engineer relating
to the installation of such streets.
c. No building permit for the construction of any structure in the
subdivision shall be issued by the City until the street providing access to
the structures is improved with at least the gravel base required. Furthermore,
no building permit shall be issued by the City for any structure located in
excess of 660 feet from a single point of access.
d. Any streets described on Exhibit A, attached hereto, shall be
completely installed with the time required on Exhibit A. If the City Engineer
determines that any streets shown on the utility plans are required to provide
access to other areas of the City, those streets shall be installed within the
time required by the City Engineer.
e. All. of said streets shall be installed at the sole expense of the
Developer, except the City shall pay the additional cost of installing
McMurray Ave. as a collector rather than as a residential street.
f. Developer agrees to correct any deficiencies in such installation
in order to meet the requiren—_nts of the plans and the specifications applicable
to such installation.
g. Stj.peI inprover,ents shall not be installed until all utility lines
to k)-- placed in the streets have been completely installed and all services to
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individual lots have been installed from main utilit- lines to the property
line.
h. The Developer agrees to provide and install at his expense adequate
barricades, warning signs, or other devices on the dead ends of streets to be
continued, unfinished crossings, and other sites designated by the City Engineer
as areas requiring such Treasures to insure the public safety.
7. other Requirerrents.
8. Miscellaneous.
a. This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
b. Nothing herein contained shall be construed as a iraiver of any
requirements in the City Subdivision Ordinance or any other provision of the
City Code and the Developer agrees to comply with all requirements of the same.
ATTEST:
City Clerk
APPROVED:
ifs CIT OF FOJU COU, NS, COLORADO
City Manager
�f U
/ eloper Title
f
EXHIBIT A
1. Schedule of water lines to be installed out of sequence.
Not Applicable
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable
3. Schedule of street iRproverients to be installed out of sequence.
Not Applicable
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this tS-" day of Dccc+ ber
199by and. between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City" and
COLOTEX ELECTRIC SUPPLY COMPANY, a Colorado corporation,
hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain property
situated in the County of Larimer, State of Colorado, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
LOT 11 OF THE GOLDEN MEADOWS BUSINESS PARR, Section 31,;
Township 7 North, Range 68 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has
submitted to the City a subdivision plat and/or a site plan and
landscape plan, a copy of which is on file in the office of the
Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City
utility plans for the Property, a copy of which is on file in the
office of the Director of Engineering and made a part hereof by
reference; and
WHEREAS, the parties hereto have agreed that the development
of the Property will require increased municipal services from the
City in order to serve such area and will further require the
installation of certain improvements primarily of benefit to the
lands to be devs:.loped and net to the City of Fort Collins as a
whole; and
WHEREAS, the City has approved the subdivision plat and/or
site plan and landscape plan submitted by the Developer subject to
certain requirements and conditions which involve the installation:
of and construction of utilities and other municipal improvements
in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, it is agreed
as follows:
I. General Conditions
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. For the
purposes of this Agreement, "development activities" shall include,
but not be limited to, the following: (1) The actual construction
of improvements, (2) obtaining a building permit therefor, or (3)
Any change in grade, contour or appearance of said property caused
by, or on behalf of, the Developer with the intent to construct
improvements thereon.
B. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, sidewalks, and
bikepaths shall be installed as shown on the approved utility plans
and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of approval of the utility plans relating
to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the
event that the Developer commences or performs any construction
pursuant hereto after three (3) years from the date of execution of
this agreement:, the Developer shall resubmit the project utility
plans to the Director of Engineering for reexamination. The City
may require the Developer to comply with approved standards and
specifications of the City on file in the office of the Director of
Engineering at. the time of resubmittal.
C. No building permit for the construction of any structure
within the development shall be issued by the City until the water
lines, fire hydrants, sanitary sewer lines and streets (with at
least the base course completed) serving such structure have been
completed and accepted by the City. No building permits shall be
issued for any structure located in excess of six hundred sixty
feet (6601) from a single point of access.
D. Any water lines, sanitary sewer lines, storm drainage
lines, and/or streets described on Exhibit "A," attached hereto,
shall be installed w-thin the time and/or sequence required on
Exhibit "A." If the Director of Engineering has determined that
any water lines, sanitary sewer lines, storm drainage facilities
and/or streets are required to provide service or access to other
areas of the City, those facilities shall be shown on the utility
plans and shall be installed by the Developer within the time as
established under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the
Developer agrees to install and pay for all water, sanitary sewer,
and storm drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
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