Agenda 05/10/2016 Item #16A13n
5/10/2016 16.A.13.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
extension for completion of required subdivision improvements associated with Naples Motorcoach
Resort (AR -12512) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land
Development Code (LDC).
OBJECTIVE: To approve an extension for the completion of subdivision improvements
associated with the Naples Motorcoach Resort subdivision.
CONSIDERATIONS: On April 8, 2008, the Board of County Commissioners (Board)
approved the final plat of Naples Motorcoach Resort for recording. The LDC requires that upon
approval by the Board a plat must be recorded within 18 months and the associated subdivision
improvements must receive final acceptance within 36 months unless an extension is formally
requested and granted by the Growth Management Department. The plat has been recorded and
the required subdivision improvements are substantially complete. On May, 2013, staff granted
preliminary acceptance of the subdivision improvements. There is a Construction and
Maintenance Agreement for Subdivision Improvements and a Performance Bond in place as a
development guaranty. The property owner has requested that the Board approve an extension of
the plat improvements final acceptance deadline from April 8, 2015 to April 8, 2017. Therefore,
�-. the improvements must receive final acceptance prior to April 8, 2017 if the Board approves this
extension. The LDC allows for two, 2 -year extensions after the original 36 month period. As
such, the required improvements final acceptance deadline expired on April 8, 2015. Since this
proposed extension is beyond what is allowed by the LDC, approval by the Board is required.
The property owner has paid all of the past fees which would have been paid for normal
extensions. All fees associated with the original approval have been paid.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Total: $450.00 Extension Fee
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
RECOMMENDATION: To approve an extension for completion of the required
subdivision improvements associated with Naples Motorcoach Resort plat (AR -12512) until
April 8, 2017, subject to the recommendations of the Executive Summary of April 8, 2008.
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Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division,
Growth Management Department
Attachments:
1) Location Map
2) Construction & Maintenance Agreement
3) Original Executive Summary from April 8, 2008
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve an extension for completion of required subdivision
improvements associated with Naples Motorcoach Resort (AR -12512) subdivision pursuant to
Section 10.02.05 C.2 of the Collier County Land Development Code (LDC).
Meeting Date: 5/10/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Development Review
4/1/2016 8:11:21 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 4/1/2016 4:54:10 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 4/1/2016 5:01:19 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 4/7/2016 2:44:39 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Development Review
Date: 4/11/2016 8:33:17 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 4/15/2016 11:02:53 AM
Name: StoneScott
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Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 4/20/2016 4:16:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2016 5:01:35 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 4/22/2016 2:44:08 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/3/2016 11:32:44 AM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 2nd day of September, 2008 between NAPLES
MOTORCOACH RESORT, INC., hereinafter referred to as "Developer," and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board."
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
NAPLES MOTORCOACH RESORT
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Site improvements including paying,
drainage, roadway paving, storm drainage system, off-site utilities, potable water
distribution system, wastewater collection system, landscape, irrigation, buffer wall,
lighting within 36 months from the date of approval said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (LOC or
Performance Bond) (attached hereto as Exhibit "A" and by reference made a part
hereof) hereinafter the "Surety Bond'; in the amount of $1,626,437.34 which amount
represents 10% of the total contract cost to complete construction plus 100% of the
estimated cost to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
S
I I \200S%20051441,WKPLAr RECORDA710MConstruction & Maintenance for Subdivision Improvements - 080WI_doc
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4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the County Manager or his designee to inspect the required improvements. The County
.-• Manager or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a reduction in the dollar amount of the subdivision.
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
and maintenance of the required improvements. The Board shall have tt eright
igtpublic
to
construct and maintain, or cause to be constructed or maintained, p
advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay
di:12005+20051441WPtPLAT RECORDATIOhRConstruclion & Maintenance for Subdivision Improvements - OS0902 6"
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and to indemnify the Board, upon completion of such construction, the final total cost to
the Board thereof, including, but not limited to, engineering, legal and contingent costs,
together with any damages, either direct or consequential, which the Board may sustain
on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this QN day of �
2008.
SIGNED IN THE PRESENCE OF:
NAPLES MOTORCOACH RESORT, INC.
A Florida Corporation
Signature:
E. Rand 1 H on, esiden
B
Printed or Typed Name
IV uthorized Si ature
Signature: r
S rrfad
Printed 0yp ed Name
ATTEST: .,
BOARD OF COUNTY OMMISSIONERS
OF COLLIER Q6UNTVLORIDA
By; ;.
By:
qty Clerk
Approv6d a ,to form a hd legal sufficiency:
Tom Henning, Chairman
By:
Steven T. Williams, Assistant County Attorne
1i:\1_005\2005144\WP'.P1.AT RECORDATIONTonstmaion & M.41fev— fn. SnAdivision Improvements • 080902.doc
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PERFORMANCE BOND Bond 4104938553
KNOW ALL PERSONS BY THESE PRESENTS: that Naples Motorcoaeh Resort, Inc
P O Box 465, Wakarusa, IN 46573 (hereinafter referred to as "Owner") and Travelers
Casualty and Surety Co of America Park Center Plaza II 6150 Oak Tree Blvd 4500,
Independence, OH 44131 216-643-2369 (hereinafter referred to as "Surety") are held and
firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total
aggregate sum of One Million Six Hundred Twenty Six Thousand Four Hundred Thirty
Seven 34/100 Dollars ($1,626,437.34) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are
used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Naples Motorcoaeh Resort and that
certain subdivision shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of
the Surety shall commence on the date this Bond is executed and shall continue until the date of
final acceptance by the Board of County Commissioners of the specific improvements described
in the Land Development Regulations (hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and shall
fully indemnify and save harmless the County from and against all costs and damages which it
may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all
outlay and expense which the County may incur in making good any default, then this obligation
shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration, addition or deletion to the proposed
specific improvements.
PROVIDED. FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
the Owner and the Surety to the full and faithful performance in accordance with the Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
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IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 12'h day of September 2008.
WITNESSES:
Naples Motorcoach Resort Inc
BY4* �L�t
By:
By: r!—�.-
Everett R. Henderson Jr., President
r
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF A«4l6-10N
COUNTY OF &--MtAAC-7 ^
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
%" DAY OF 'k4it 20 ( , BY Everett R Henderson Jr AS President OF Naples
Motor oach Resort Inc. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
N 14-^- AS IDENTIFICATION.
Notary Public - State of M t G t-� t G -t{ �✓
RPrint
d Notary Name J D KN
WI ESS Travelers asualty & Surety Company of America
Li a House, Attorney-in-fact
(Provide Proper Evidence of Authority)
Chery Alkire
I "zme ly08114MUM
STATE OF Indiana
COUNTY OF St. Joseph
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
12th DAY OF September, 2008, BY Tracie House AS Attorney-in-fact OF Cassady Neeser
& Brasseur on behalf of Travelers Casualty and Surety Co of America WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION.
tary Public - Sta of Indiana
' L) ...
GL -
Wendy S
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THIS
�A. POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 219888
5/10/2016 16.A.13.
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 2 3 2 6 0 6 0
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Gregg L. Brasseur, Thomas R. Cassady, Jr., John E. Sukup, Jr., Marolyn Klockow, Lisa A. Meek, Mary Radde, Tracie House,
Samantha M.Dhoore, Nancy A. Yates, Kathleen Goepfrich, Cheryl Alkire, and John M. Davis
of the City of South Bend , State of Indiana , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in theirr.b"usiness of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pert "ilea m any a lions or proceedings allowed by law.
15th
IN WITNESS WHEREOF, the Companies have caused this instn}meint;to be st ned and thekz:,corporate seals to be hereto affixed, this
April 2008 b
day ofV11res
t
Farmington Casualty Cogipiir4- ,,, £ � �„y�, St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company, �6. ' ' St. Paul Mercury Insurance Company
Fidelity and Guaranty Insu"radce'Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
G,,6U� $l�Erf. `4�RE 6 �,,N..I RfG j 1NSYy tiY 4hr
Cr ry � * a ''�* �0: • q gyp...-.......,ty ave rG �,YRswiEn,� sJt1''Ui'D
P• ~l yr t(:UNOOR�1 �y 4�PORAL' ^ OY � �-'� Q"_
l • �t > br 19JE i mi j:SEAL `of �`iSEALs°
NEM r,..'� s' �'`•r + � tir
State of Connecticut By:
City of Hartford ss. Georg Thompson,cnior ice President
On this the 15th day of April 2008 before me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
09*R
�,j�
In Witness Whereof, I hereunto set my hand and official seal. � t l �� 0, ' �
My Commission expires the 30th day of June, 2011.
i
Marie C. Tetrcautt Notary Public
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER Packet Page -527-1VITHOUTTHE RED BORDER
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ENGINEER'S OPINION OF PROBABLE COST
Naples Motorcoach Resort
HM File No. 2005.144
Revised August 28, 2008
L`•ANDSCA0E=94RRIGA710( u.
, uantit Units
Unit Cost Total
Cobra Head Fixtures
4 EA
$2,000.00 $8,000.00
Lantern Fixtures
50 EA
Description
Quantity Units
Unit Cost
Total
Landscape Plants
1 LS
$435,523.65
$435,523.65
Mulch
1 LS
$8,894.21
$8,894.21
Irrigation
1 LS
$195,000.00
$195,000.00
Subtotal Landscaping & Irrigation
$639,417.86
BUFF Quantit I Units I Unit CastI total
Buffer Wall 3,2161 LF 1 $80.001 $257,280.00
LIGHTING �x,� ," ��,�
, uantit Units
Unit Cost Total
Cobra Head Fixtures
4 EA
$2,000.00 $8,000.00
Lantern Fixtures
50 EA
$2,500.00 $125,000.00
Subtotal Lighting
$133,000.00
TOTAL LANDSCAPE & IRRIGATION, WALL AND LIGHTING
TOTAL OF CONSTRUCTION
10% OF CONSTRUCTION COST
TOTAL OF IMPROVEMENTS TO BE COMPLETED @ 100%
PLAT BOND AMOUNT
Jerry C, Neal, P.E. #25646
Hole Montes, Inc. #.1772
950 Encore Way
Naples, Florda 34110
$1,029,697.86
$3,360,521.81
$336,052.18
$1,290,385.16
$1,626,437.34
H:\200W005144%SS\PLAT RECORDATIOWRevised Probable Engrs Cost 080828 Plat BondingALS
Page 6
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-- EXECUTIVE SUMMARY
This is a recommendation to approve for recording the final plat of Naples Motorcoach
Resort, approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of Naples Motorcoach Resort, a subdivision of lands
located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
The Engineering and Environmental Services Department has completed the review of the
construction drawings, specifications, and final plat of Naples Motorcoach Resort. These
documents are in compliance with the County Land Development Code and Florida State
Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the
required improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering and Environmental Services Director and the County Attorney's
office prior to the recording of the final plat. This would be in conformance with the County Land
Development Code -- Section 10.02.04.
The Engineering and Environmental Services Department recommends that the final plat of
Naples Motorcoach Resort be approved for recording.
FISCAL IMPACT:
The project cost is $3,527,453.34 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $1,199,782.67
b) Drainage,
Paving, Grading - $2,327,670.67
The Security amount, equal to 110% of the
project cost, is $3,880,198.67
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $107,063.60
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Fees are based on a construction estimate of $3,537,453.34 and were paid in
November, 2007.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,240.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.)
C) Drainage,
Paving, Grading (.75% const
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.)
e) Drainage, Paving,
Grading(2.25%const.est.)
-$8,998.37
est.) - $17,457.53
- $26,995.11
- $52,372.59
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents for legal sufficiency.
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of Naples Motorcoach Resort
for recording with the following stipulations:
1. Approve the amount of $3,880,198.67 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering and Environmental Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering and
Environmental Services Department Director and the County Attorney's Office.
Any member of the public or any County Commissioner wishing to review this plat prior to
final approval may contact the Engineering and Environmental Services Department at 252-
5757 to set up an appointment to review this plat at the Community Development and
Environmental Services Division, 2800 N. Horseshoe Drive.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering and Environmental Services
Department
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