HomeMy WebLinkAboutPW 2000 Point San Pedro Road Revocable License AgreementRecord Without Fee,
Per GC 27383 and
k^/� V When recorded mail to;
X�(`` RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
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ESTHER C. BEIRNE, City Clerk
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
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Official Records I
County of I CONFORMED COPY 0.00
Marin I
RICHARD H. MIMI I
Assessor -Recorder I
County Clerk I
is
01:16PH 12 -Sep -2017 I Page 1 of 17
Assessor's Parcel No. 184-030-01
CITY OF SAN RAFAEL
REVOCABLE LICENSE AGREEMENT NO. RLA 14-01
(FOR USE OF PUBLIC RIGHT-OF-WAY)
THIS REVOCABLE LICENSE AGREEMENT is entered into as of the /.2 �*4day of
S�PTB�lR , 2017, by and between the CITY OF SAN RAFAEL, a charter city duly
incorporated under the laws of the State of California (hereinafter referred to as "CITY"), and
Perry D. Litchfield, Trustee of the Perry Litchfield 1995 Trust (hereinafter referred to as
"LICENSEE"), with reference to the following:
WHEREAS, CITY is the owner of certain public right-of-way known as 2000 Point San
Pedro Road as shown on Recorded Man 8 RM 21. upon a portion of which LICENSEE wishes to
construct, place, maintain, operate and otherwise use an encroachment consisting of 6'
Fence/Wall, as more particularly described in "Exhibit A" dated 6-30-14, copies of which are on
file with the City of San Rafael Public Works Department (hereinafter "the PREMISES"); and
o.fExh0b1} A" 's -s oti, 4 -Oen w+}srn C`t-1 of San ►P(Nkatk C+J Clerk`s o-CCiC.z.
WHEREAS, LICENSEE is the owner of the private real property commonly known as:
Address: 2000 Point San Pedro Road, San Rafael, California;
Assessor's Parcel No: 184-030-01:
which property is situated directly adjacent to the PREMISES; and
WHEREAS, pursuant to the provisions of San Rafael Municipal Code Section
11.04.050, LICENSEE has applied for and desires to obtain from CITY a license for the purpose
of constructing, placing, maintaining, operating or otherwise using the following major
continuing encroachment in, on or over the PREMISES: "6 foot hi1?h Fence/Wall and
Landscai)ina" (hereinafter the "ENCROACHMENT"); and
WHEREAS, CITY'S DIRECTOR OF PUBLIC WORKS (hereinafter "DIRECTOR")
has found that LICENSEE'S application is complete, true and correct; and
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 1
2 if
WHEREAS, DIRECTOR has found that the proposed ENCROACHMENT conforms to
the design and location standards for above -ground facilities adopted by resolution of the City
Council of CITY; and
WHEREAS, LICENSEE alleges, and DIRECTOR finds, that the ENCROACHMENT
will incidentally be of benefit to or serve the interests of the CITY and/or its residents generally,
in that: The project will provide an improved and maintained shoulder area, and will reduce the
hazard of parked vehicles on such roadway."; and
WHEREAS, the DIRECTOR has found that with the conditions imposed in this
agreement, the ENCROACHMENT shall not be detrimental to the public health, safety and
welfare.
NOW, THEREFORE, the parties agree as follows:
1. Grant of LICENSE.
In consideration of the benefit to the CITY and/ or its residents generally, as described
above, CITY grants to LICENSEE a non-exclusive LICENSE (hereinafter "LICENSE") for the
limited purposes described herein and for no other purpose. This LICENSE is granted as to the
PREMISES, which is a portion of the public right-of-way owned by CITY, as described in
Exhibit "A" attached hereto and incorporated herein by this reference.
2. Term of LICENSE; Personal to LICENSEE.
A. The Term of this License is as follow (Check One):
[ ] This LICENSE shall terminate on
[ X ] This LICENSE shall be of indeterminate duration.
B. LICENSEE understands, acknowledges and agrees that the grant of this LICENSE
does not convey any interest in real property, and that the LICENSE is personal to the
LICENSEE. Should title to LICENSEE'S property adjacent to the PREMISES, or the
ENCROACHMENT thereon, be sold or otherwise transferred to a different ownership, this
LICENSE shall terminate. The new title holder shall be required to execute a new Revocable
License Agreement within thirty (30) days following the transfer of title, or, upon direction from
the DIRECTOR, shall remove the ENCROACHMENT from the PREMISES.
3. Purpose of LICENSE.
CITY grants LICENSE to LICENSEE for the limited purpose of constructing, placing,
maintaining, operating or otherwise using the ENCROACHMENT in, on, or over the
PREMISES. LICENSEE understands, acknowledges and agrees that its LICENSE to use
PREMISES is for this sole purpose and for no other purpose. LICENSEE'S use of PREMISES
for any other purpose shall automatically terminate this LICENSE.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 2
4. LICENSE Non -Exclusive.
CITY grants this LICENSE subject to any and all licenses, leases, easements, conditions,
restrictions, covenants, encumbrances, liens and claims of title which may affect PREMISES as
of the effective date of LICENSE. CITY reserves the right to use PREMISES in any manner,
provided that such use does not unreasonably interfere with LICENSEE'S rights granted herein.
CITY agrees to cooperate with LICENSEE in the exercise of CITY'S right to use PREMISES.
5. Conditions of LICENSE.
A. All facilities shall be located, constructed, operated, and maintained in the time,
place and manner that cause the least interference with the public's use of the public right-of-
way, CITY'S management and use of the right-of-way, and the rights or reasonable convenience
of property owners who adjoin the public right-of-way, all as approved by the DIRECTOR.
B. LICENSEE shall maintain all encroachments in a safe and clean manner.
C. LICENSEE shall promptly remove all graffiti on any encroachment.
D. LICENSEE shall contact Underground Service Alert (USA) prior to commencing,
and as appropriate during, any permitted work.
E. Upon the request of any person who has contracted to perform work on a public
right-of-way, LICENSEE shall provide accurate detailed information regarding the location of
his existing and proposed structures in the public right-of-way.
F. Such other reasonable conditions, including specific accessibility facilities and
accommodations, as may be deemed necessary by the DIRECTOR to protect the public health,
interest, safety and welfare, specifically: See Exhibit `B' — Conditions of Approval.
6. Repair and Maintenance.
A. LICENSEE shall exercise reasonable care in inspecting and maintaining the area
affected by ENCROACI1MENT after completion of all construction or installation work, and
shall maintain the PREMISES in good and safe condition, free from waste and in good repair to
the reasonable satisfaction of CITY.
B. LICENSEE shall immediately repair any damage or nuisance in any portion of the
public right-of-way resulting from the work done under this LICENSE or from the maintenance
of the ENCROACHMENT.
C. In the event that the whole or any part of the ENCROACHMENT on PREMISES
or any portion of the PREMISES are damaged or destroyed in any manner, by any cause
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 3
whatsoever, LICENSEE, at its sole cost and expense, shall repair, replace, and restore
PREMISES to satisfaction of CITY.
D. LICENSEE shall bear the full and complete cost of repair and restoration under
this section. In the event that LICENSEE fails to act promptly or should the exigencies of the
damage require repairs or replacement to be made before LICENSEE can be notified by the
DIRECTOR or can respond to notification, CITY may at its option make the necessary repairs or
replacements or perform the necessary work and LICENSEE shall be charged with all the
expenses incurred in the performance of the work.
7. Termination, Suspension, or Revocation of LICENSE; Relocation of Encroachment;
Restoration of PREMISES.
A. Termination by LICENSEE. LICENSEE may terminate this LICENSE at will and
without cause upon submitting a written request to terminate, in a form acceptable to CITY.
B. Suspension or Revocation by CITY. The LICENSE may be suspended or revoked
by the DIRECTOR where he finds that:
1) LICENSEE has violated any provision of this LICENSE or any applicable
law; or
2) LICENSEE has failed to pay any required fees, or to post or maintain any
bond or insurance required by this chapter; or
3) The ENCROACHMENT adversely affects the safety, capacity or integrity
of CITY'S right-of-way or increases CITY'S liability exposure; or
4) The ENCROACHMENT is causing CITY to incur substantial additional
maintenance costs; or
5) Material misrepresentations, omissions or inaccuracies were made in the
application for the LICENSE.
The DIRECTOR shall give LICENSEE at least ten (10) days' written notice of a
hearing before CITY'S City Manager or his designee on the suspension or revocation of the
LICENSE. The hearing shall be held within thirty (30) days after service of written notice of the
hearing or at such later time as may be agreed to by LICENSEE. The decision of the City
Manager or his designee shall be final.
C. Relocation. If any future construction, reconstruction or maintenance work is
required or requested by the City in the public right-of-way that necessitates the relocation,
removal or abandonment of the ENCROACHMENT, LICENSEE shall relocate, remove or
abandon the ENCROACHMENT at the LICENSEE'S sole expense. When relocation or removal
is required or requested, the DIRECTOR shall make written demand of LICENSEE that the
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 4
ENCROACHMENT be relocated within the right-of-way to a satisfactory location provided by
the DIRECTOR, or removed, and shall designate a reasonable time for such relocation or
removal. In determining what is a reasonable time under this section, the DIRECTOR shall take
into consideration the nature of the ENCROACHMENT, the urgency of the need for its removal,
the cost of its removal, the difficulty of its removal, the value of the ENCROACHMENT to the
owner, and other facts peculiar to the particular situation. If LICENSEE fails to comply with
such instructions, CITY may relocate the ENCROACHMENT at the sole expense of LICENSEE.
If requested by LICENSEE within ten (10) days of the date of the DIRECTOR'S
written demand to relocate or remove, LICENSEE may request a hearing before CITY'S City
Manager or his designee on the relocation of the ENCROACHMENT. The DIRECTOR shall
give LICENSEE at least ten (10) days' written notice of any scheduled hearing, and such hearing
shall be held within thirty (30) days after service of written notice of the hearing or at such later
time as may be agreed to by LICENSEE. The decision of the City Manager or his designee shall
be final.
D. Restoration. In the event of termination of this LICENSE by any party, or in the
event relocation of the ENCROACHMENT is required, LICENSEE, at its sole cost and expense,
shall immediately commence and diligently pursue removal of the ENCROACHMENT from
PREMISES, shall restore PREMISES to their original condition to the satisfaction of CITY and
shall complete such removal and cease all use of PREMISES within thirty (30) days of the
Notice.
8. Assumption of Risk.
LICENSEE shall assume all risk of damage or injury to its property, to itself, its agents,
its employees and to any persons or property under LICENSEE'S control or custody, or any
persons or property under the control or custody of its employees or agents, while upon or near
PREMISES, or incident to LICENSEE'S use of PREMISES.
9. Indemnity.
LICENSEE hereby agrees:
A. To the maximum extent permitted by law, to indemnify, defend and hold harmless
CITY, its officials, agents, employees and volunteers against any and all liabilities, losses,
claims, actions, causes of action or demands whatsoever against any of them, including any
injury to or death of any person or damage to property or other liability of any nature, including
but not limited to attorney's and expert fees and court costs, arising out of or connected with the
installation, operation and maintenance of any facilities in, or the use of any public right-of-way
by, LICENSEE or LICENSEE'S employees, officers, officials, agents, transferees, contractors or
subcontractors pursuant to the permit issued pursuant to this application; provided, that the
obligation to indemnify CITY hereunder shall not apply to any liabilities, losses, claims, actions,
causes of action or demands arising from CITY'S sole negligence, willful misconduct or criminal
acts.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page S
B. To the maximum extent permitted by law, to defend, indemnify, release and hold
harmless CITY, its agents, officers, attorneys, employees, boards and commissions from any
claim, action or proceeding brought against any of the foregoing individuals or entities
("indemnitees"), the purpose of which is to attack, set aside, void or annul the approval of this
LICENSE, or the adoption of any environmental document which accompanies CITY'S approval
of this LICENSE.
C. In the event that any claim, action or proceeding as described above is brought,
CITY shall promptly notify LICENSEE of any such claim, action or proceeding, and CITY will
cooperate fully in the defense of such claim, action, or proceeding. In the event LICENSEE is
required to defend CITY in connection with any said claim, action or proceeding, CITY shall
retain the right to approve any and all settlements affecting the validity or interpretation of a
CITY ordinance or regulation, which approval shall not be unreasonably withheld. Nothing
herein shall prohibit CITY from participating in the defense of any claim, action or proceeding,
provided that if CITY chooses to have counsel of its own to defend any claim, action or
proceeding where LICENSEE already has retained counsel to defend CITY in such matters, the
fees and the expenses of the counsel selected by CITY shall be paid by CITY.
10. Insurance.
LICENSEE shall provide CITY with satisfactory evidence, in the form of a Certificate of
Insurance, that LICENSEE is insured in accordance with the following terms and conditions.
Such insurance shall remain in effect throughout the term of this LICENSE and failure to
maintain the required insurance shall automatically terminate this LICENSE.
A. Liability Insurance.
LICENSEE shall, at its own cost and expense obtain and maintain a
comprehensive general liability insurance policy in the minimum amount of one million
($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage.
B. Terms and Conditions of Insurance.
The insurance policy shall also include the following:
1) The insurance company issuing such policy shall issue an
endorsement stating that the CITY is recognized as having an additional interest under the policy,
requiring that the CITY be given written notice of any material alteration, or reduction in
aggregate limits, if such limits apply, and provide at least ten (10) days' notice of cancellation.
2) The insurance company providing the insurance required in this
section shall be an insurer admitted to do business in California.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 6
11. Compliance with Laws.
In addition to any other provisions of this LICENSE, this LICENSE is subject to, and
LICENSEE shall comply with all applicable provisions of San Rafael Municipal Code Chapter
11.04 concerning Major Continuing Encroachments. LICENSEE shall comply, at LICENSEE'S
sole expense, with all other applicable laws, regulations, rules, and orders with respect to the use
of PREMISES, regardless of when they become or became effective, including, without
limitation, those relating to construction, grading, signage, health, safety, accessibility, noise,
environmental protection, hazardous materials, waste disposal, and water and air quality, and
furnish satisfactory evidence of such compliance upon request of CITY. LICENSEE shall also
obtain, at LICENSEE's sole expense, any and all CITY permits required for its use of
PREMISES as permitted under this LICENSE.
12. Notices.
All notices required or permitted to be given under this LICENSE shall be in writing and
mailed postage prepaid, or by personal delivery or by overnight courier, to the appropriate
address indicated below or at such other place or places as either CITY or LICENSEE may, from
time to time, respectively, designate in a written notice given to the other. Notices shall be
deemed sufficiently served four (4) days after the date of mailing by certified or registered mail,
one (1) day after mailing by overnight courier, or upon personal delivery.
To CITY: Director of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Fax: 415-485-3334
To LICENSEE: Perry D. Litchfield
1000 4"' Street, Suite 875
San Rafael CA 94901
13. Successors and Assigns.
CITY'S grant of this LICENSE to LICENSEE is the grant of a personal right to the use of
the PREMISES. LICENSEE shall not assign nor sublet, in whole or in part, any rights granted
by this LICENSE, or permit any other person, firm, entity, or corporation to use, in whole or in
part, any of the rights or privileges granted pursuant to this LICENSE. Should title to
LICENSEE'S property adjacent to the PREMISES, or the ENCROACHMENT thereon, be sold
or otherwise transferred to a different ownership, this LICENSE shall terminate. LICENSEE
shall notify the DIRECTOR prior to such transfer of title and shall disclose to the terms of this
LICENSE to the transferee. The new title holder shall be required to execute a new Revocable
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 7
License Agreement within thirty (30) days following the transfer of title, or, upon direction from
the DIRECTOR, to remove the ENCROACHMENT from the PREMISES.
14. No Waiver.
No waiver of any default or breach of any covenant of this LICENSE by either party shall
be implied from any omission by either: party to take action on account of such default if such
default persists or is repeated, and no express waiver shall affect any default other than the
default specified in the waiver, and then the waiver shall be operative only for the time and to the
extent stated. Waivers of any covenant, term, or condition by either party shall not be construed
as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or
approval by either party to or of any act by either party requiring further consent or approval
shall not be deemed to waive or render unnecessary their consent or approval to or of any
subsequent similar acts.
15. Severabilitv.
Each provision of this LICENSE is intended to be severable. If any tern or provision
shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason
whatsoever, such provision shall be severed from this LICENSE and shall not affect the validity
of the remainder of this LICENSE.
16. Attornev's Fees.
If any legal proceeding should be instituted by either of the parties to enforce the terms of
this LICENSE or to determine the rights of the parties under this LICENSE, the prevailing party
in the proceeding shall receive, in addition to all court costs, reasonable attorney's fees.
17. Condition to Effectiveness.
As a condition precedent to the effectiveness of this Agreement and LICENSE,
LICENSEE shall provided CITY 1) satisfactory proof of insurance by way of a Certificate of
Insurance and 2) actual endorsements to the insurance policies as specified in section 10 herein.
18. Governine Law.
The rights and liability of the parties under this Agreement and LICENSE shall be
interpreted in accordance with the laws of the State of California.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 8
19. Integration.
This LICENSE constitutes the complete expression of the agreement between the parties
and supersedes any prior agreements, whether written or oral, concerning the subject of this
LICENSE, which are not filly expressed herein. Any modification of or addition to this
LICENSE must be in writing signed by both parties.
WHEREFORE, the parties have signified their agreement by entering their signatures
below.
CITY OF SAN RAFAEL
Jim S but City Manage
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
F6
ROBERT F. EPSTEIN, City Atto hey
LICENSEE
Liichf W4tee
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14-01 Page 9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of HA PrAJ
On `�� - 10i `� before me, itia:041PI PuB4 i c
(insert name and title of the officer)
personally appeared P oeR y /, /
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4::�/are
subscribed to the within instrument and acknowledged to me that(D/she/they executed the same in
I as(her/their authorized capacity(ies), and that b} ii 'her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature /z - Ae-"e'-- ' (Seal)
E. BEIRNE
c COMM. #2112433 z
Notary Public • California
Z Marin County
MY Comm. Expires June 10, 2019
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Pik 2t.j
On before me, L t t�ivC A1 viAoe y Pb &rte ( c
(insert name and/title of the officer)
personally appeared
t ,y Sc N u 2 --
who
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)aare
subscribed to the within instrument and acknowledged to me that(/she/they executed the same in
"/her/their authorized capacity(ies), and that by&/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
�`� Seal
Signature � ' (Seal)
d E. BEIRNE
COMM. #2112433 z
0 s Notary Public . California o
Z Marin County
MY Comm. Expires June 10, 2019p
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EXHIBIT A PAGE 3 of 3
6-30-2014
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EXHIBIT A PAGE 3 of 3
6-30-2014
Exhibit B
Special Conditions
Encroachment Permit No. 14-346
2000 Point San Pedro Road
In addition to the standard provisions required by the City's encroachment permit (EP), the following
special conditions are established and supersede if there is conflict:
1. Area of encroachment to be used shall be strictly approved by Public Works prior to any
construction, and no other area is allocated for use with this permit.
2. This permit is strictly for the installation of a 6 -feet hiah wall/fence, landscaping, and road
shoulder improvements as shown on Exhibit A fronting the property at 2000 Point Sn Pedro
Road, and no other improvements or activities are permitted within the road right of way.
Temporary use of the road right of way is acceptable for the equipment for the construction
of the wall/fence. Utilization of the shoulder area for active construction equipment is
allowed; however, if a piece of equipment is not active for more than one week it shall be
removed from the site. The work shall be performed in compliance with the approved
building permit and conditions of approval for the building site.
3. A site plan, drainage plan and grading plan associated with the construction of the wall
shall be submitted to Public Works prior to the start of any construction, which shows the
limits of grading and details associate with the work necessary to install the wall/fence.
4. Specific action plans for dust control, debris control, odor control, noise control, and
stormwater quality control shall be developed for approval by Public Works and Building
Department. These control measures shall be installed prior to any grading. A separate
copy of the site erosion control plans shall be forwarded to the Department of Public Works
and attached to the permit and maintained by the permittee at all times, including after-
hours, and will comply with the City's municipal codes, state regulations, the contract
specifications, and the direction of the Public Works.
5. Construction traffic routing/staging plan shall be submitted, reviewed and approved by
Public Works prior to starting construction. No construction equipment shall block the
travel way of Point San Pedro Road or adjacent neighbor's access at any time. The
construction site and frontage area shall be made safe for motorists, pedestrians and
bicyclists at all times. Any damage to the roadway from this construction operation shall be
the responsibility of the permittee to repair to the satisfaction of the Director of Public
Works. Track mounted excavation equipment shall not be allowed on the roadway.
6. It is not anticipated that any traffic control measures will be necessary with this project;
however, if traffic control measures are necessary, the permittee shall submit a traffic
control plan to the Department of Public Works for review a minimum of 5 days before
performing any traffic related work. Changes to the traffic control measures may be
required and are the responsibility of the permittee to implement. Traffic violations and
unsafe vehicle maneuvers will not be tolerated.
Permit #14-346 (2000 Point San Pedro Road)
Special Conditions
Page 2 of 2
7. If equipment or construction grading is left overnight in the shoulder area it shall be
properly barricaded and fenced with reflectors per an approved traffic control plan as
directed by the City. Any accidents related to the grading and construction equipment are
the responsibility of the property owner. The contractor shall submit a list of emergency
contact information with phone number of those responsible for the work who can be
contacted on a 24 hour basis regarding the site.
8. The hours of operation shall be limited to 7 AM to 6 PM, or otherwise amended by the
City.
9. The staging and parking of equipment and material shall be safe, neat and orderly, and the
permittee is required to maintain the site as such at all times.
10. Non-compliance with any permit condition is ground to immediately terminate use of this
site at the contractor's expense.
11. The permittee is required to clean, grade, pave, and make any necessary repairs to the
public right-of-way (ROW) when vacating the site to a condition that is acceptable to the
Public Works Director.
12.
Non-compliance with any permit condition is ground to terminate use of this site.
Permittee Signature & Date: ! ,•
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Permit No. - — — 2/2
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