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Backup Documents 12/13/2022 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Jeff Klatzkow, County Attorney County Attorney Office 4k f/07 12/13r2 4. BCC Office Board of County Commissioners LA L/3/C 12/is/i t 5. Minutes and Records Clerk of Court's Office IV I I/?4 (i1D-?- 9 ; PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Trinity Scott Phone Number 252-5832 Contact/ Department Agenda Date Item was 12/13/22 Agenda Item Number 1 lb Approved by the BCC Type of Document Agreement Number of Original Attached Documents Attached PO number or account number if document is 313-163673-633011-601711 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? f AIM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TS should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/13/22(enter date)and all changes TS N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. this line: 9. Initials of attorney verifying that the attached document is the version approved by the TS N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 118 DEVELOPER AGREEMENT Brightshore SRA THIS DEVELOP AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 1 3 ofbece.,enber 2022, by and among Hogan Farms, LLC, a Florida limited liability company (hereinafter referred to as the "Developer") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"). RECITALS: WHEREAS,the Developer is seeking approval of a Stewardship Receiving Area, located at the northwest corner of Immokalee Road and Redhawk Lane, known as the Brightshore Stewardship Receiving Area(SRA) (hereinafter referred to as the "Development"); and WHEREAS,the County may desire to widen Immokalee Road in the future,which is likely to be constructed long after the anticipated completion of the Development; and WHEREAS, the Developer is willing to reserve right-of-way for future improvements to Immokalee Road. WHEREAS, in lieu of setting forth the below commitments in the SRA, the parties wish to enter into this Agreement as a companion agreement to the Brightshore SRA, which would allow for an easier amendment of these commitments should circumstances dictate. WITNESSETH NOW,THEREFORE,in consideration of Ten Dollars(10.00)and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Commitments 2. At the time of subdivision plat, the Developer will reserve one hundred feet (100') of right-of-way along the Immokalee Road frontage for future road widening graphically depicted in Exhibit A. The additional right-of-way reservation will be sufficient to provide a two hundred (200')foot corridor for this road segment. Within 90 days of request by the County,the Developer shall convey to the County the right-of-way in fee simple, free and clear of all liens and encumbrances, by statutory warranty deed,the form of which is attached hereto as Exhibit B. The Developer will be responsible for paying any and all costs of any title work and searches and shall be responsible for all costs for promptly removing or curing any liens, encumbrances on deficiencies revealed in any title work. The Developer will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall assume all costs associated with the recordation of the deed. At the time of conveyance, the INSTR 6344257 OR 6201 PG 1907 1 RECORDED 12/27/2022 12:03 PM PAGES 16 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$137.50 Developer shall receive compensation for this acreage as set forth in paragraph 8 below. Prior to the conveyance, the Developer may utilize the right-of-way reservation area for landscaping and signage. At the time of conveyance, the Developer shall immediately remove all landscaping and signage within the reservation area at its sole cost and expense. If, after reasonable written notice to the Developer requesting removal of the landscaping and signage goes unheeded, the County may remove said landscaping and signage and the Developer will pay the County its full cost incurred for conducting the removal. The County shall not be responsible for compensation, costs or damages of any kind resulting from the County's removal of the landscaping and signage. 3. At the time of subdivision plat, the Developer will reserve approximately 4.1 acres of right-of-way as generally depicted on Exhibit C for the County to utilize as a Transportation Pond Site for stormwater treatment and attenuation for future Immokalee Road improvements. Within 90 days of request by the County, the Developer shall convey to the County the right-of- way in fee simple, free and clear of all liens and encumbrances, by statutory warranty deed, the form of which is attached hereto as Exhibit B. The Developer will be responsible for paying any and all costs of any title work and searches and shall be responsible for all costs for promptly removing or curing any liens, encumbrances on deficiencies revealed in any title work. The Developer will promptly provide the Office of the County Attorney with an executed deed,suitable for recording. Upon receipt, the County shall assume all costs associated with the recordation of the deed. At the time of conveyance, the Developer shall receive compensation for this acreage as set forth in paragraph 8 below. Upon use of the property, the County shall install and maintain a Type B buffer along the north and west boundary of the Transportation Pond Site. No buffer will be required on the east or south sides of this parcel. 4. The Developer, at its sole cost and expense, if legally permissible to do so, shall pave Redhawk Lane to County standards from Immokalee Road to a minimum 200' beyond the Village access point consistent with the cross-section shown in Exhibit D. 5. The Developer shall pay their proportionate share toward the cost of study, design and construction of future intersection improvements including, but not limited to, possible intersection realignment and/or a roundabout at Immokalee Road and Redhawk Lane. The proportionate share shall be based upon the number of trips from the Development utilizing Redhawk Lane. 6. At the time of subdivision plat, the Developer will reserve a corner clip (approximately 0.3 acres) on the northeast side of the intersection of Immokalee Road and Redhawk Lane to facilitate future intersection improvements as graphically depicted in Exhibit E. This reservation shall be applicable for 10 years after the approval of the first plat for the development. Within 90 days of request by the County, the Developer shall convey at no cost to the County the right-of-way in fee simple,free and clear of all liens and encumbrances,by statutory warranty deed, the form of which is attached hereto as Exhibit B. The Developer will be responsible for paying any and all costs of any title work and searches and shall be responsible for all costs for promptly removing or curing any liens, encumbrances on deficiencies revealed in any title work. The Developer will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall assume all costs associated with the recordation of the deed. 2 '; 1 18 7. If, the Collier County Transportation Management Services staff determine that, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way at the project entrance(s) is necessary, the obligation to design, permit and construct such improvement shall be borne by the Developer. Construction of identified improvements must be completed within one year of request by the County. Should a traffic signal be warranted and ultimately constructed, following completion, the traffic signal will be owned, operated and maintained by Collier County. 8. The value of the land indicated in paragraphs 2 and 3 above shall be determined by two accredited appraisers who are mutually agreed upon by the parties. The purchase price shall be based on the market value of the land as set aside at the time of the approval of the SRA action and shall be equal to the average of the two appraisals. The parties shall share equally in the appraisal costs. The valuation methodology for the appraisals shall be consistent with the methodology utilized for typical County right-of-way acquisition. The County may utilize transportation impact fee credits to pay the Developer, in whole or in part, for these parcels. 9. Within 90 days of the effective date of this Agreement,the Developer shall pay the County $555,660, which is their proportionate share of operational improvements as identified in the Transportation Impact Statement and related documents submitted with the SRA application. 10. The County, which owns property off of Camp Keais Road, desires to realign the intersection of Camp Keais Road and Immokalee Road and complete intersection improvements which may include a roundabout. In order to facilitate the County's future design and construction of the improvements of Camp Keais Road and Immokalee Road, within 90 days of request by the County, the Developer will exchange its property for an equal amount of acreage of the Camp Keais Road County property. The County will provide the Developer with applicable sketch and legal descriptions. The Developer will be responsible for paying any and all costs of any title work and searches and shall be responsible for all costs for promptly removing or curing any liens, encumbrances on deficiencies revealed in any title work. The Developer will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall assume all costs associated with the recordation of the deed. The Developer shall not receive further compensation associated with the realignment of the intersection and exchange of property. 11. Developer, on behalf of itself, its successors and assigns (including any and all future owners and tenants,both commercial and residential,within the Development),will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Developer a separate written notice of the potential roadway improvements with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. It is intended by the parties that any such sound wall or other barrier, if constructed,would be at the sole cost of the Developer or assigns. 12. Developer, on behalf of itself, its successors and assigns (including any and all future owners and tenants, both commercial and residential, within the Development) hereby waives any and all claims for compensation and damages, including but not limited to future 3 PLO 1 18 business damages, and loss of access, from Collier County as a result of the future construction activities. 13. All Road Impact Fee credits identified herein shall run with the Development and shall be automatically reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development is either completed or the credits are exhausted or otherwise assigned. Any assignments of Road Impact Fees shall be governed by the Collier County Consolidated Impact Fee Ordinance, as amended from time to time. Legal Matters 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The term "Developer" shall include all of Developer's assigns and successors in interest. 16. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. 17. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developers upon request. 19. In the event of any dispute under this Agreement,the parties shall attempt to resolve such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 20. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing 4 �;� 118 and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: Collier County Manager's Office Hogan Farms, LLC 3299 Tamiami Trail East, Suite 202 2600 Golden Gate Parkway Naples, FL 34112-5746 Naples FL 34105 21. This Agreement, together with the SRA, constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 22. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 5 ,,tP 1 1 B IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K.KINZEL, Clerk COLLIER CO , IDA . . Ce) c...• Bv: 1171,4 . _ By: Attest as to Chairman's Deputy Clerk Will' m L. McDaniel, Jr., Chairman signature only. AS TO DBVELdPER: Hogan Farr LLC, a Flor' a limited liability company By:Bprro ) e o rat' n Florida corporation,its Manager Signed, sealed and delivered By: in the presence of: Name: David B Genson --- -2 Title: ._Vice President Signature 501,,n GAe � Printed Name 40 Signature Ashley M cN oa cura Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledgedp before e his 2 g d y of A'tau e 2022, byDcw►�13•�e.nSor\ as \) is-efreS t of ogan Far-aiMr ,a loTdr limited liability company, who is personally known to me ✓1 or has produced as identification. Notary Public My Commission Expires: yi 4-_/2•0Z3 \}prove 1 • ) nil'and leualit\ : .YF SABINA E.HARDY MY COMMISSION#GG 287225 _ :.'v» ;d EXPIRES:January 14,2023 ••Fy'F F°`'' Bonded Thru Notary Public Underwriters Je rti.ey :\, '•I• kow, County Attorney 4 1 18 mlaws§ Q8 a � H ei Za a o ; >cc co� r y o M013633S-3N111,1WW- z cou ,1 a I' _a O ( / ZWop ��. 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C g j '1 W k.11 a $I IS{T} I��TLA�I:T�i341iti3AfM1S�11.4ei.tN :�i,r.�r�ttes i 11B PROJECT: PARCEL: FOLIO: WARRANTY DEED THIS WARRANTY DEED made this day of , 20 , by, whose post office box is , (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record. THIS HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. 1 18 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) (Signature) (Print Full Name) (Signature) (Print Full Name) STATE OF COUNTY OF The foregoing Warranty Deed was acknowledged before me this day of , 20 , by , who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) Last Revised: 10/15/10 118 (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: STATE OF COUNTY OF The foregoing Warranty Deed was acknowledged before me this day of , 20 , by , who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Approved as to form and legality: Assistant County Attorney Last Revised:10/15/10 1 18 o COLLIER BOULEVARD nP,7.o*� 4 s c-m 7. "-7 _r- mix z (COUNTY ROAD 951) n+`toz�n N5.... ,,,-10 A r1,.Nr WA,1 Vl' Iti W ix N m-000©ZUTL] 11� R} lW n w N T a z SECTION 1vWu5.,yt A@ SOJ+, PA71rl. 47 t^d N g „, _�_..II u u o a r�i SECn6h 7F,iC�w+tS-'+ip i�S0�'r+ FihGt �.� ::ANAL i2.GNT-nt-wA'+ cil-_ f r o A ;•.G R 1z• PAGE 348 2 n tO y?Uvvy 2-V'm 2C,-Zi Z Z _._.._....�...--- !!*......r.__.-.—; m c'F o p - .z _ _ .' � pSp ZOn jmppp N z � z y"A _ti; � ` I y ? rZ _ G z ¢Dr :P LP ' - N L n 6 ; ni x L o 0 yCO S w. m , r N W .S Z Z N 1 ' 1___, T 4 — n !" V L"....LL 4, S� . L N v T * ZIO ci,,.......) 77 i t172. i.j.„ o 4 i. ., f. oho L j ; piA � � ` _ • NiN � _I�I�ia ... m N - h v f y A 6 at o _ i N co N b n DI O fl,ifiti;) ..% , --1 ›- 1QK vl O nN QpQp''�¢ a �. o a 11 •i a I = 2 r gi g ^ _ d tri <,y co 04 H- d r. Z x C BENT CREEK PRESERVE 0 v a - .o (P Al BOOK 55, PAGE 61) !h 0 z * mt.-..I * 0 v 0 �Zrn Z - m1 z 0 - ci Q,o .ram .x_ a > U)_ Nn n D w nnzz •Z m �,— =m Z z E. 0/ Z L 31V3S A-, M C m 2 z ?v 'Z 0 f A Z N V op * i > * [n74 * 0 1 18 Stantec 5801 Pelican Bay Boulevard,Suite 300, Naples, FL 34108 Legal Description Part of Section 26, Township 46 South, Range 26 East, Collier County, Florida Commencing at the Northwest corner of said Section 26, thence along the North line of said Section 26, South 89°58'37" East 105.55 feet; Thence leaving said line, South 00°01'23"West 136.96 feet to the POINT OF BEGINNING; Thence North 86°54'32" East 220.75 feet; Thence South 89°58'57" East 585.17 feet; Thence South 00°01'25" West 15.00 feet; Thence South 89°58'25" East 301.91 feet; Thence South 00°01'35" West 3,94 feet; Thence South 89°58'25" East 89.97 feet; Thence North 00°01'25" East 15.00 feet; Thence South 88°54'04" East 816.14 feet; Thence South 02°16'43" East 3.56 feet; Thence 318.08 feet along the arc of a non-tangential circular curve concave South having a radius of 7,821.19 feet through a central angle of 02°19'49" and being subtended by a chord which bears South 87°31'55"West 318.06 feet; Thence 227.62 feet along the arc of a non-tangential circular curve concave North having a radius of 3,376.61 feet through a central angle of 03°51'44" and being subtended by a chord which bears South 85°32'21"West 227.58 feet; Thence 269.51 feet along the arc of a non-tangential circular curve concave North having a radius of 2,749.60 feet through a central angle of 05°36'58" and being subtended by a chord which bears South 88°16'22" West 269.40 feet; Thence North 88°51'43" West 131.23 feet; Thence 138.75 feet along the arc of a non-tangential circular curve concave North having a radius of 2,752.45 feet through a central angle of 02°53'18" and being subtended by a chord which bears North 84°44'33"West 138.73 feet; Thence 152.22 feet along the arc of a non-tangential circular curve concave South having a radius of 4,056.38 feet through a central angle of 02°09'00" and being subtended by a chord which bears North 84°25'35"West 152.21 feet; Thence North 73°27'04" West 14.25 feet; Thence 177.57 feet along the arc of a non-tangential circular curve concave South having a radius of 4,059.35 feet through a central angle of 02°30'23" and being subtended by a chord which bears North 86°57'04"West 177.55 feet; Thence South 89°14'55"West 89.84 feet; Thence 229.59 feet along the arc of a non-tangential circular curve concave South having a radius of 4,056.38 feet through a central angle of 03°14'35" and being subtended by a chord which bears South 88°54'23" West 229.56 feet; Thence South 89°21'26"West 11.33 feet; Thence North 78°14'04"West 13.96 feet; Thence South 89°21'26" West 243.01 feet; Thence North 02°15'50"West 13.10 feet to the POINT OF BEGINNING. Containing 1.34 acres, more or less. Subject to easements and restrictions of record. 1 in Stantec Bearings are based on the North line of Section 26 being South 89°58'37" East. Certificate of authorization#LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By: Mav 23. 2019 Lance 7 Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 2156149247-SK01 2 CAO 118 • Li, I Jo Na/1l9S3G �OA3 a x¢ 6w�a �Q 11 J z 2Ce 0H /�¢ zc• Z w z�w i - m w mu EON f -I I ¢ • 1-zw wF m Fw Z / v1 NU I .: ta a E wZ OF- F m V' I U O LEI S - N q g zVO -OU OwO a zF- aawwj I ui < cI wO w=c76 I -uu' <D aozz Quww '• Q 3 I. =l a�b�5 O I/ ' 1. o w H 1 wa Ii oH 1 cc En GV m � Z0 AI a 0_ z 02a # -- i`_._. o al w � a. 0 yQ0 I Oto \� ` z0 w 0 W w ~ 0a . X aoa O s0 a F J z F d Q 0- �=d � uwi � } O � 0 U f- a � o I U Z J I— z I ( r� W a. W 0Q -\\ �! IL,' d z LLwa oui 0 - W i CO qa a \� S., fY — — 3 -- O w :,. 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