HomeMy WebLinkAbout1989 Ordinance No. 027amnwa NO. iJ..l.
SERIES CF 1989
BY AlmDU'lY
Recorded:
Lease Recorded: Book 5767,
#59-89
IXIUNCIL BILL NO, 31
INmOClUCID B'i CXlUNCIL
HEMIER IWIWIC!fl'
AN amnwa ~ A !&SE BmWEEN THE CI'lY OF DG.DOJO /\ND &WEDISH me
I, LTD. AND SWEDISH f,fJB II PAR'mERSHIP TO OBTAIN AIRSPACE OVER PUBLIC STREEl'S.
WHEREAS, it is necessary for the health, safety and welfare of pers.:,ns
in the camunity using SWedish ~DB I ·md SWedish me II buildings to have a
safe means of foot access between parking facilities and I-DB I and me II;
l0'1, Tl!EREFa'-E, BE IT OODAINID BY THE CI'lY COOllCIL OF 'lllE CITl OF ox;rz,,:,oo, COLCIW)Q, 'll!AT: .
Section 1. 'l1le lease bebEE!n the City of Englewood, Colorado, and
SWedish me I and SWedish ma II for airspace over public streets is hereby
;>p9roved. '.ltae lease generally contains t.'1e following provisions:
1. '.ltae City of Engll!l·IOOd (Lessor) leases a space over East HaJll)den
.~venue between South Washington street and South Pearl Street, not
less than sixteen point five (16.5) feet above said street at its
present grade, eighteen (18) feet in width, and said space shall not
be more t.>ian twenty (20) feet above its lowest elevation described
as fol10>:s: ·
An easemnt for the construction of a pedestrian overpass and
for a pedestria~ ingress and egress across said overpass. 'l1le
la...est point on the bottan of said overpass is at an elevation
of 5,359.16 feet U.S.G.S . dat1J11. '.ltae horizontal projection of
said easemant is described as follows:
"A parcel of land situated in a part of East HaJll)den Avenue and
a part of the SE-1/4 of Section 34, ToWnship 4 South, Range 68
West, 311d "part of the; NE-1/4 of Section 3, Township 5 South,
Ram:,e 68 ~st of the 6th P.M., City of Engle-..ocd, County of
Arapahoe, State of Colorado, being more particularly described
as follows:
CXMllllCIN; at the Southeast corner of said Section 34; thence
Westerly along the South line of said Section 34, a distance of
30. 00 feet, to a point on the West right-of-way line of South
Clarkson Street extended South; thence North along said extended
West right-of-way line a distance of 25.0 feet to the
intersection of said West right-of-way line of South Clarkson
Street with the North right-of-way line of East llanpden Avenue;
thence Westerly, alOT1<J said North r i ght-of-way line of ~t
H~n AvenUP. a distance of 343. 35 feet to the TRUE POINT OF
BEGIN:lIN;; thence Southerly on a deflection angle to the left of
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90000 1 00 11 a distance of 55,0 feet to a point on the Southerly
ri~!ht-of--way line of said F.ast Han,_xlen Avenue; thence Westerly
on a deflection angle to the right of 90000' 00", and alor.g said
SO'Jth right-of-way line, a distance of 18.00 feet; thence
Ncrtherly, on a deflection angle tc the right 90000 1 00 11 , a
distance of 55.0 feet to a point on said ncrth right-of-way
line; thence Easterly on a deflection angle to the right of
90000 '00", 1111d along said North right-of-way line a Distance of
18,00 feet to the TRUE PO!Nl' OF Bl'XinlNING: containing 990 square
feet (0.023 acres) oore or less".
2, Said le3sa shall run for , :iod of t wenty ( 20) years fran the
date of the e:<ecution of said .LcdSe, provided, 1-.awever, that Lessees
may tetmJ.nate said lease at any ti.ire during the twenty-(20) year
period by giving Lessor due notice at least one (1) year prior to
termination date. T,essor and Lessees agree to neg.,. ··.iate in good
faith fer renewal of the te1,n of the Lease upon th·, -request of
Lessees or either of them.
3. 'nle rental payable to Lessor under said lease shall be the sum
of Ten Dollars ( $10. 00) per year, to be paid in annual installtrents,
the first payment being due upon passage of this ordinance, and
future annual pa~mar.ts to be due thirty days prior to the annual
anniversary date of said Lease.
4. Lessees covenant 1111d agree that upon execution of said Lease
with Lessor, they will in due course construct and erect in the
leased airspace, an enclosed pedestrian skybridge which connects the
parking strncture located south of East Hanpden Avenue to the
pedestrian sl--ybridge located just north of East Hanpden Avenue,
which skybridge to be oonstruct,,d will be used for the rrovement of
pedestrians arung the parking structure and two office buildings
cwned, respectively, by each oi the two Lessees.
5. Lessees shall have plans and specifications for said structure
prepared by a registe red professional engineer and approved by the
City's F.:ngineer, obtain all necessary permits, pay all proper fees,
and CO!lT'lY with ;,11 building and zoning regulations of the City.
6. Lessees shall safely maintain said structure and regulate the
use and occupancy ther eof.
7, Lessee shall maintain and keep in force during th,, term of said
Lea~e public liability insuranc.! in the arount of Fiv1, Hundred
'J:'housanrl Dollars ($500,000) for an individual claim and One Million
Dollars ($1,000,000) for rrultiple claims arising out of an accident
involving said structure or the use or occupancy of the leased
premises. Lessor shall be held har:nless fran all claims,
liabilities, er cac.ses of acticn arising out of any injury to any
person, persons or damage to re3l er personal property arising O<Jt.
of oonstruction, maintenance, destruction or dismantliag of sai d
structure.
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8. In the event the City should require the use of, or take part or
all of said office buildings or parking structure oonnected by the
pedntrian skybridge, the Lease would terminate. Lessees shall pay
such charges as may be incurred by Lesser for reroval of the
facilities, utilities or structures between the street lines or
under the said pedestrian skybridge.
9. Lessees shall not place any sign on the outside of the
structure.
10. In the event of the destruction of said structure by an act of
God, public enel'lies, or by reason of riot or insurrection, the lease
shall tenninate and Lessees shall not be required to pay any further
rent to Lessor, unless Lessees reconstruct the structure CCJmP.ncing
within aie year of the destruction.
11. Lessor may en~er upon said premises to view the construction of
the structure and 1:qu.lre any and all necessary repairs and
,tlterations thereto for •.he public safety and 1.ell-.!Jeing.
12. In the event of default of pay,rent, Lessor may declare the term
of said lease ended and may take possessions of the structure.
lJ Upon tennination of lease, Lessees shall yield up the area
without further notice and cause the structure to be rem:ived or
de!rolished.
Section ?.. The Mayor and City Clerk are hereby authorized to sign and
attest said l ease for a~d e n behalf cf the City council and the City of
Englewood.
Introduced, read in full, and passed on fi rst reading on the 17th c" v of
July, 1989.
Published as a Bill for an Ordinance on the 20th day of July, 1989.
Rea d by title and passed on final reading on the 7th day of August,
1989.
Published by title as Ordinance No. -1 '7, Series cf 1989, on the 10th day
of August, 1989. vy·
~ lj0 ~~(C-14 V. ( dA-4
Patricia H. era.,, City Clerk
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I, Patricia H. era,,, City Clerk of the .:tty of Olglewood, colorado ;
hereby certify that the foregoing is a tr1.1e cqry of ::ha ordinance passed on
final reading and pmlished by title A!I Ordinance No. U• Series of 1989 .
Vdff21cra ~dd
AIR RIGHTS LF.ASE
'll!IS LF.ASE is entered into as of the day of
1989 betwen and anr,ng the CI'l'lC Of l:NiLDOJD, COLCJWlO, a ITllll-i'"c""i~pa-.-1 __ _
corporation, 3400 South Elati street, Englewood, Coloraoo, and SWEDISH r-oB I,
a Coloraoo Lir.u.ted Partnership , and SWEDISH I.OB 11, a Coloraoo General
Partnership, 501 East Hanplen Ave. , Engle-.1:Xld, Color a&:> 80110.
'11'.e parties hereto hereby covenant and agree as follows:
l. The City of Englewood (Lessor) hereby agrees to lease a space over
East Hanpden Avenue bet1'1een South Washington Street and South Pearl Street,
not les s than sixteen point five (16.5) feet above said street at its present
grade, eight een (18) feet in width, and said space shall oot be m:,re than
twenty (20) feet above its lO .,.;$t elevation a'ld is described as follows :
An easeirent for the construction of a pedestrian overpass and
for a pedestrian ingress and egress across said o~erpass. The
lowest point on the bottcrn of said overpass is at an elevation
of 5,359.16 feet u.s.G.S. datum. The horizontal projection of
said ease:nant is described as follows:
"A parcel of lend situated in a part cf East Hanpden Avenue and
a part of the SE 1/ 4 of Section 34, Township 4 South, Range 68
west, and a part of the; NE 1/ 4 of Section 3, Township 5 South,
Range 68 Nest of the 6th P.:1 ., City of Englewood, county of
Arapahoe, State of Colorado, being m:,re particularly described
as follows:
CCM-IE!lCING at the Southeast corner of said Section 34; thence
westerly along the South line of said Section 34, a distance of
30.~0 feet, to a point on the west right-of-way line of South
Clarkson Street el<tended South; thence North along said el<tendecl
west right-of-way line a distance cf 25. O feet t o the
intersection o f said I-lest right-of-way line o f So uth Clarkson
Street with the trorth right-of-1,•ay line of East aarrpden Avenue;
thence Westerly, along said No rth right-of-way line of East
Ha'iOden Avenue a distance of 34 3. 35 feet to the TRUE POIITT OF
ni;x:;i!lNnlG; t!len<:e Southerly on a cleflection angle to the left of
90000 1 00" a distance of 55.0 feet to a point c-, the Southerly
right--0f-1cay line of s aid East Hanpc'.en Avenue; thence We sterly
on a clef11 ction angle to the right of 90000' 00", and along said
South riqh t -of-way line, a distanc e of 18. 00 feet; thence
l:Ortherly, on a deflection angle to t.11e right 90000 1 00", a
dist1111ce cf 55 .0 feet to a point on said north right-of-way
line; thence Ea.~terly on a deflection angle to the right of
90000 • 00", and along said North right-of-way line a Distance of
18 . 00 fret to the T!lUE POim' OF Bl'J,Il;NING: containing 990 square
feet (0 .02 3 acres) rcre or l e ss".
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2, '!Ms lease shall run for a period of twenty (20) years fran the dat;,
of the execution cf said lease, provided, however, that Lessees may tenninate
said lease at any time during the twenty-(20) year period by giving Lessor
due notice of their election to terminate said lease in writing by registered
or certified mail, at least one (1) year prior to tennination date specified
in ttaid notice. Said tennination shall not becate effective until the
structure is c:a,pletely rerooved. Lessor and Lessees agree to negotiate in
goc,,j faith for renewal cf the term of the Lease upon the request of Lessees or
either of them .
3. 'l11e rental payable to Lessor by Lessees under this lease shall be
the S\111 of Ten Dollars ( $10, 00) per year, which rental shall be paid in annual
install.nl!nts, the first payirent being due upon passage of the ordinance by
Englewood City COuncil approving this lease, and future annual pay,rents to be
due thirty days prior tc-the annual anniversary date of said lease,
4. Lessees covenant and agree that upon executicn of said lease with
Lessor, they will in due course construct and erect i n the leased airspace, an
enclosed !)edestrian skybridge which connects the parking structure located
south of F.ast fianl,den Avenue to the pedestrian skybridge located just north of
East fla!Tden P,venue, whic.'l skybridge to be constructed will be used for the
ll'OVl!ffl!!nt of pedest=ians am:ing the parking structure and two offica buildings
owned, res;:,ectively, by each of the two Lessees.
s. Lessees shall have plans and specifications for said structure
preparert by a registered professional engineer and approved by the City's
Engineer and City Building Inspector . 1'\e s tructure shall be conple t ed in
every respect accc rding to said p.lans and specifications and to the
satisfactic:n of the regi stered professional eng ineer who shall supervise the
construction thereof. !.essees shall fcrthe r obtain the necessary permits fran
Lessor for. the construction of said structure an d pay all ;:,roper fees for the
sarre, and c,,,;-ply wi th all bui lding a~d zoning regulations of the City of
Engle,..ood and the Stnte of Colcrado, ,Mch shall at any time be applicable to
the particular structure, or the construction and maintenance thereof.
6. Lessees shall safely maintain said structure and regulate the use
and occup;>.ncy thereof so that the structure or the use thereof will no t be a
ha zard or danger to the persons or property of the public using t 1·.e street
belcw said structure.
7. Le ssees shall maintain and keep in force during the tenn of said
l e ase ;,ublic liabi lity insurance in the amount of Five Hundred Thousand
Dollars ($500,000) for an individual claim and One Million Dolla~s
( $1, 0U0, 000) for multiple claims arising out of an accident involving said
s tructure or the use or occupancy of the leased premises. Lessor, in said
policy, shall be held hannless fran all claims, liabilities or causes of
action arising out of any injury to any person, persons or damage to r eal or
perscnal property arising out of construction, maintenance, destruction or
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dismantling of said structure or from the collapse of said structure which may
arise by reason of any material or thing whatsoever falling or being thrown
from said stru-,ture. A certificate of insurance in said S\11\S to such effect,
including Lessor as a party insured, shall be deposited with the City Clerk of
the City of Cl'\glewood prior to the construction of said structure.
Mini.nun coverage for the benefit of the City shall at all tim:,s be the
amunt of maxir.un linbili ty for cities under the Coloraoo Goverrurental
IMnuni ty .Act.
~sh M:lB I and S\,Jedish ms II agree to indenni.fy and hold harmless the
City of Englewood, its officers, E!lll'loyees, insurers, and self-insurance pool,
from and ag,.inst all linbility, claiJ,,s, and (BT\allds, on account of injury,
loss, or c'.sinage , of any kind whatsoever, which may arise out of or are in any
manner coMected wit.'l this I.ease. If such injurJ, less, or damage is or is
claimed to be caused in whole or in part by the !'Ct, emission, or other fault
of Sl<edish mB I and Sls-edish M:JB II, or any partner , officer or etployee of
S\-iec'ish 1-l'lB I or S\iec1ish M:lEI II, Lessees agree to investigate, handle, respond
to, end to provide defeM" fr.r MY such liabilit y, claims or demands at the
sole e,q,ense of &,,edish !<OB I and S\;edish M:lB II and agree to bear all other
costs and expenses rel ,.ted thereto, including court costs and reasonable
attorney fees .
Lessees shall indemnify and save harmless City, its officers, etployees
and agents, against any and all claiJ,,s, damages, actions or causes of action
and expense to 1;hich it or they may be subjected by reason of Lessees 1
installation being located within and across t.lie property ,of the City or by
reason of any work done or omission rede by Lessees, their agents or
errployees, in coMection with the construction, 0peration, nodification,
repla.:enent, maintenance, repair or re.nova ! of Lessees installation. If the
construction of a ll or any part of Lessees ' installation is to be perforned by
an indepen<'ent contractor unde r c ontract with Lessees, Lessees shall so notify
City and shall incorporate the stipulations and conditions of this I.ease into
the contract s;:,ecification an d cause said independent contractor to, prior to
=~r.errent of t'l,? ½<Jrk , !:., licensed and bonc1ed in arrou.'lts and with coopanies
satisfactory to City , which will protect City fran any loss or damage
resulting fran the work perfomed by the contractor.
8. I n the event of condennation of either er both buildings by an:·
governr-ental authority or agency requid ng the use of or taking all of, , ,c a
major portion of eit.her cne er beth of the buildings owned by Lessees wr :,,:-i
are COM ected by said structure, to the ex• snt that either or both buildings
1sould not require the continued use of t he structure, this lease shall be
termina ted as cf the titre Lessees surrender tr,e use and occupancy of said
stn,cture and buildin') er buildings and have said s tructure removed pursuant
to this lease .
It is ~urther ·.mdcrstocd that :n the event of condemation or
acquisition by any g,:,verrurental authority or agency of all er a part of either
one or both of the buildings o,,ned by Lessees, the value of said overhead
stn1ct11re or <l.'lY leasehdd interest created hereunder, shall oot be an elenen~
of damages oo r in any way be considered a s a factor of •aluation of the
property acquired.
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9. Lessees shall, upon demand by Lessor, pay such charges as may be
incurred by Lessor for the rsmval of any facilities, utilities or structures
bet,,,,!en the street lines and underneath the proposed structure which are made
necessary by reason of the construction of the structure.
10. Lessees shall not place any sign on t.}ie outside of the structure.
11. In the event of the destruction of said structure by an act of God,
public enemies, e r by reason of riot or insurrection, this lease shall
terminate, and Lessees shall not be required to pay any further rent to
I essor . Howeve r, in the event Lessees shall reconstruct the structure, or any
portion thereof derolished, c•~ncing within one year of the destruction,
Lessees shall pay rental for 1my period during which the structure was
destroyed and i~·.rative.
12. 1.,.,ssor, by its officers, agents or 811l>loyees, may at all reasonable
tines enter upon said demised area to view the condition of the structure and
require any ruid all necessary repairs and alterations thereto for the public
safety and '-"'11-being.
13. In the event clefaul t shall be rr.ade at any tine by Lessees in payrrent
of rent and such defattl t shall continue for a period of thirty ( 30) days after
written rotice thereof by registered or certified mail to Lessees by Lessor ,
or if default shall be made in any of the other tenns ruid conditions to be
kept, observed and performed by Lessees, and such default shall continue for
thirty (30) days after written notice thereof by registered or ce1tified mai
to Lessees fran Lessor, then Lessor may at any tine thereafter, prior to the
procuring of such default within rei'lSOnable tine, declare the tenn of said
lease ended and terminated by giving Lessees written notice of such intention.
And, if possession of the demised area is not imrediately surrendered, Lessor
may re-enter thereon for possession itself thereof and declare said lease to
be terminated. In sttch event , Lessor may require that Lessees remove and
demolish said structure at their 01-m expense or Lessor may rerove or derolish
said strttcture and require the payrrent of the expense thereof fran Lessees to
Lessor within thirty ( 30) days thereafter.
14. Upon termination of lease, Lessees and Lessor further· covenant and
ariree that Lessees shall yield up the area wit.}iout further notice, but before
the surrender of said area, Lessees shil.11 cause the strttcture to be demolished
and reiroved and the .n-ea returned to the sane condition as it wa s in as when
first acquired by Lessees. In the event of the failure of Lessees to so
remove said strncture six ( 6) ronths after termination of leas~, they shall
pay liquidated damages to Lessor in the sum of One Hundred Dollars ($100) for
each and every day they remain in possession of said area after the expiration
of six ( 6) months fran the termination of said lease.
15. 'nle t enn "narties to said leaSP." shall include the SttcCessors and
assigns of Lessor and T..es s ees, respectively.
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IN wrmESS 'l'IIEREDF, the parties hereto have ■igr.ed thi ■ lea,e the day
and year first above written •
LESSCR:
CI'IY OF m:iLEH:XlD, CXLCIWlO
~::£4L
~-~~~~ Patricia ff, ere,,,~ Clerk
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SIElISII Kil I, Ltd,, a Color~
Limited Partnership
By -:-A-. "'banl=r-:e..-l-:way=ir-an---rd,.....,,1~
General Partner
SIElISH HJB II P~, a
Colorado General Partnership
By -:-A-. -=banl=r-:e..-1-=way=i""an_,,d-, ""Manag,--.....,.ing-
General Partner
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DATE
July 17 , 1989
INITIATED BY
STAFF SOURCE
PREVIOUS COUNCIL A~'•I.Q!!
COUNCIL COIIKIINICATION
M►.NJlA 111!11
11 (a)
SUBJECT Svodiah Medical
Center Pedoatrian Over-
pa11 ovar Ea■t Hu:,d,m Avenue
Depar tment of Colllltl;"• l r.~ ~ velopment
Richard S . llanush
The pedestrian overpass between the Sw edish ltedic~l Center parking structure in the
600 block of East Hampden Avenue and the Medical Office Building 11 was included in
the Planned Development which was approved by the City Council on May 15, 1989 ,
ACTION PROPOSED
Adopt the Ordinance approving a lease between the City of Englewood and the Swedish
Medical Center and Swedish Medical Center Foundation for air rights for a pedestrian
overpass over East Hampden Avenue .
POSSIBLE EFFECTS
The pedestrian overpas s will increase the safe ty of pedestrians and motorists . The
pedestrian signal and c ros swalk have not prov ided adequate protection for
pedes t rians and the podestrian crosswalk has been an aggravation for motorists .
This alternative will improve traffic and reduce the potential for
pedestrian/automobile accidents .
BACKGROUND
Since the construction of the parking structure, the City and Swedish
representative, have di1cu11ed the construction of the pedestrian overpass . There
were design problem• with connecting the overpass with MOB I, but theoe have been
eliminated by realigning it to connect with the second Medical Office Building (MOB
II).
FINANCIAL
There will be no direct financial benefit or cost to the City .
,
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R!COl!IIENDATION
It ii the recommendation of the atAff that the Ordinance approving a leaH agreement
between the City and Swedish Medical Center and the Swedish Medical Center
Foundation be approved .
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LEGAL D!SCRIPTION FOR PARCEL "A•
>.:, ,u,cent for the con ■truct!.on of a ped11trian ov1rp1u and for a pe4utr!.an
ing:111 end egnu acrou 11<4 over;u•• The .1cr,ut point on the 'botto:a of 11!.d
ovupeu h e ~ an elevation of S,359,16 fttt U,S,G,S, datu:, Tho horhontal
projoction of ■lid oue:oont h ducribod u fol1011e: ·
"A parcol of land situotod !.n a port of !aat l!oa;don A•,onuo and a part of tho
SE-1/4 of Soct!.on 34, 1'own1bi; 4 South, "-n&• 68 llut, and a port of the N1:·1/4
of Section 3, Tovnahip 5 louth, b"I' 68 llaat · of the 6th 1 ,M., City of
Ena1111ood, Co unty of Arapahoe, Statt of Colorado, haing moro p1rtic1111rly
described II follcr,m
COMMtNCIN:J et the South111t corner o! 11!4 Section 34: thence '.:ut ■rl)" alona
tl:e South Hnt of uid Section 34, a distance of ~0.00 foot, to a point on the
'llut d aht-of-.,ay lino cf South Cla:k1cn Strttt exundtd South: thence North
alona ■aid 1xtend1d \111t right-of-111y lino a di1tanc1 of 15,0 faot to tht
!.nt1r11ction of uid \Int r!ght-of-way H:11 of South Clarkaon Strut vith ,ho
North right-of·va7 Hno of Eut lla:,,pdtn Avenl!Ol thonco \lutorly, alon1 u!.d
North r!.ght-of-.ray line of !ut l!"'?dtn A.v1n110 • dbtanco of 343,35 fut to tho
TJ.U! POINT OF Jl!GINNING: thence Southtrl)' on a h f ltcticn angle to the loft of
90•00• 00" a dhunce of H,O fut to a point on tho Southerly right-of-way 1iu
of u:l.d Eut 1!1111pd1n Avanua: than~• l:utuly on a daflectton anal• to th r!.ght
of 90°00 100 11 , and along ■aid South right-of--.·ay lint, a ~isuoc1 of 18.00 ftttl
thence Northorly, on a dt!1tction ar.g1e to the right of 90°00 1 00", a dhunct of
55,0 hot to a point oo aai Nonh right-of-way lino: th•"•• Eutorly on a
hU1ct!.on anglo to the right of 90 1 00'00", and along uid North dght·of-vay
lino a Di&tanct of 18 ,00 ftet to the Ti\CE PornT O? B!GlNNU(G: containing 990
■quar• feet (0,023 aerie) nor• D?' le11".
January 16, 1989 (Sf:CJ.IR. ll-121)
; EXHIBIT A
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