HomeMy WebLinkAboutR-91-0125J ►91-115
�/14/91
RESOLUTION NO. 91 12 5
A RESOLUTION, WITH ATTACHMENT(S)I RESCINDING
RESOLUTION NO. 89-779, ADOPTED SEPTEMBER 141
1989, AND FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER TO PURCHASE PROPERTY
LOCATED AT 801 NORTHWEST 2ND AVENUE, MIAMI,
FLORIDA, "AS IS", FROM WILLIAM SAWYER
("OWNER") FOR THE TOTAL PURCHASE PRICE OF
$120,450, WITH FUNDS FOR THE ACQUISITION OF
SAID PROPERTY HAVING BEEN APPROPRIATED IN
PROJECT NO. 322057, ENTITLED "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT";
FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE
WHATEVER STEPS ARE NECESSARY TO CLOSE THE
TRANSACTION WITH THE OWNER AS EARLY AS
PRACTICABLE.
WHEREAS, the Development Division of the Department of
Development and Housing Conservation has initiated Phase II of
the Southeast Overtown/Park West Redevelopment Project with the
acquisition of land within the Overtown Historic Village; and
WHEREAS, the property owned by William Sawyer, located at
801 Northwest 2nd Avenue, Miami,
Historic Village area; and
Florida, is within the Overtown
WHEREAS, Resolution Not 89-779, adopted September 14, 1989,
authorized the City Manager to execute an Agreement of Purchase
and Sale for said property at a purchase price of $120,450; and
WHEREAS, a preliminary environmental site contamination
r.
assessment was performed on subject property; and+
A.
WHEREAS, based on the limited soil and groundwater test
program undertaken, soil and groundwater contamination was
indicated in the samples collected and tested; and
r
WHEREAS, the executed Agreement between the City of Miami
and William Sawyer, dated October 6, 1989, stipulated that the
owner .is responsible for corrective actions necessary to_ remove
or. -eliminate hazardous material on the property or the Agreement
may becbme voidable; and
WHEREAS, the owner has indicated he is unable to take the
necessary corrective action to remove or eliminate said hazardous
material; and
ATTACHMENTS
CONTAINED
7
ff
WHIMS# the..oval of slumand blight on said property is
e66erit-161 to the enhancement of Phase I and Phase IT developments
Withift tAe Southeast OVertOwn/Park West Redevelopment Project
area and the quality of life for the residents of Overtown; and
WHEREAS, the City may qualify for the Abandon Storage flank
Restoration Program which would reimburse the City for any funds
spent to rectify the hazardous conditions; and
WHEREASt the deadline for applying for such Program is
March 31, 1991;
INOW, 'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Resolution No. 89-779, adopted September 14,
1989, is hereby rescinded.
Section 2. The City Manager is hereby authorized to make
an offer of $120,450 to William Sawyer to
purchase property
s
- located at 801 Northwest 2nd Avenue, Miami,
Florida, "as is",
g
with the understanding that the City is
not waiving the
responsibility of previous owners.
Section 3. Funds for the acquisition
of said property
have been appropriated in Capital 9roject No.
322057, entitled
,g
"Southeast Overtown/Park West Phase II".
Section 4. The City Attorney is hereby authorized to
take whatever steps necessary to close the transaction with the
owner as early as practicable.
Section 5. This Resolution shall
become effective
- immediately upon its adoption.
9.
=
Yi It
- da PASSED AND ADOPTED this 14th Y of
1991.
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4.
XAVIER L. UAREE, IMYOR
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HIRA.i
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i CITY CLERK
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CAPITAL IROVUBNTS
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1MPA D AND APPROVED BY
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— LINDA KELLY KE ON
— ASSISTANT CITY ATTORNEY
APPROVED AS TO FORK AND CORRECTNESS:
JO B L. F RNANDEB
CI ATTO BY
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THIS AGREEMENT entered into this day of 1991 by and between THE CITY CP MIAMI, bade County, F oMa'a,:
Municipal Corporation, hereinafter referred to as CITY", and
William R Saityer; Jr. whose property is currently located at In
NW_2nd_Avenue hereinafter referred to as "SELLER".
W I T N E S S E T Ns
WHEREAS, the SELLER is owner of that real property more
fully described on Exhibit "A" attached hereto and made a part
hereof, and
WHEREAS, the CITY desires to purchase said property for use,
in conjunction with the Southeast Overtown/Park Went
Redevelopment Plan, and the Overtown Historic Folklife Vkllage.
NOW, THEREFORE, it is hereby covenanted and agreed between
the parties as follows:•
1. in consideration of the CITY paying the SELLER the :sum
of One Hundred twenty thousand foor hundres fifty
dollars (120,450) the SELLER shall by General Warranty
Deed convey to the CITY good marketable and insurable
title free of liens and encumbrances to that certain
real property, together with the improvements,`
hereditaments and appurtenances which are legally
described on Exhibit A attached hereto, and made a part
hereof.
2. The CITY shall pay the SELLER the sum set, forth in -
Paragraph (1) hereof, minus any sums to be held or
given to others pursuant to the terms of this
Agreement, by CITY Warrant at the closing within sixty
(60) days from the date of the execution of this
Agreement by the CITY and SELLER. The CITY will sign
the . agreement within ten (10) daysof the City
Commission approval of this contract.
3. All past -due real estate taxes shall be paid` by the: `
SELLER. All taxes, and -assessments -of record far . th+a
year 1990, shall be prorated as of the date of closing
and shall be paid or satisfied by the SELLER prior to
closing.
x,
4. All certified -liens, encumbrances and charges of record 5'.
against the real property and all pending liens against
the real property shall be 'paid or satisfied ;Y the `
SELLER prior to closing.
5. The SELLER agrees that . in the event that 'such lose
damage occurs# there;. shall, be an- g ad just*6ht'f thy`
purchase. price,,, which adjustment shall be' determined'';i'
the Cit yl- and the Seller in a reeiment
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PAGE I OF 7
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PARCEL Ito . 24
6-. Title to the property shall be delivered to the CITY on
—_ the plate of closing. Beginning on the date of closing,
the CITY shall have the right to commence collection of
rent from any party(s) occupying the subject property.
However., from* and after the execution of this
instrument, the CITY its agents, and its contractors
shall have the right to enter upon the premises to be
conveyed for making studies, surveys, tests, soundings,.
and appraisals.
7. If the abstract of title to be obtained by the CITY
does not meet the requirements set forth in Paragraph 1
and if defects in the title cannot be cured by ordinary
means, then the SELLER agrees to cooperate with and
assist the CITY and Dade County to acquire title to
said land by condemnation or other judicial
proceedings. The SELLER agrees that he is not entitled
to any fees or costs in connection with the foregoing.
.8. If the SELLER is a corporation, partnership or trust,
SELLER hereby agrees to comply with Section 286.23
Florida Statutes by making a written Public Disclosure,
under oath, of the names and addresses of every
person(s) having beneficial interests in the Real
Property being , conveyed to the CITY, unless
specifically exempt by provisions of said Statute.
9. If SELLER is entitled to receive any additional
payments under the Uniform Relocation Payment Act, it
is understood that this Agreement does not prohibit the
SELLER from exercising his rights thereunder.
10. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties. r
11. This Agreement shall be governed according to the laws '
.oftheState of Florida.
12.' The SELLER understands that this offer is subject to
- the approval of the City Commission of the City of
Miami, Florida.]
13. THe City of Miami will purchase the' property "as is"°
with the understandingthat the
res ponsibii.ty of the , sd
Seller is not removed by the City's action.
14, This instrument and its attachments constitute the -sole 4a=
and only Agreement of the pantie$ ' #ereto relating to
said services and correctly sets forth the rights,, sy
duties, and obligations of each to the other as of Nits'`
date. Any prior agreements, promises, negotiations, or -
representations. not expressly set forth in this
Agreement are of no force or effect.{ 3 ,
PAGE 2 OF 3 u ap
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CITY or MIAMI
SOUTHEAST RTOWN/PARK WEST
= REDEVELOPMENT PROJECT
STA=lm or,- JUST _ CONP�:NSATION
1. PROPERTY DESCRIPTION:
The South 5 feet of Lot 37 and Lot 44 and 45 less the West
7.5 feet thereof P.W. White ReSub of Block 36N a subdivision ,r
according to the Plat thereof, as recorded in Plat Book B. at
Page 34, of the Public Records of Dade County, Florida.
MEN
2. OWNERS OF RECORDSt
William Sawyer -
3. FEE SIMPLEt
$120,450
4. BASIS OF JUST COMPENSATION:
The City's offer represents the full amount of Just
Compensation for the property and all interests therein to be
acquired. This offer is based on the Fair Market Value of
the subject property and is not less than appraisal made by a
competent professional appraiser. The subject property has
_ been inspected by City and by the independent ap
praiser.
FAIR MARKET VALUE IS DEFINED AS: The price estimated in
terms of money, which a property would bring if exposed for
a
sale in the market with a reasonable time allowed in which to z --
find a purchaser buying with the knowledge of all the uses_
and purposes to which it is adopted and of which it is
capable.
;. Any decrease or increase in the Fair Market Value of real
property to the date of valuation caused by the public
improvement for which such property is acquired, or by the
■ s 4 tz.
likelihood that the property would be acquired for such,rt
improvement, other than that due to physical deterioration
within the reasonable control of the owner. has'.,been�
disregarded in determining the compensation for the property
by the City and its appraiser.
The City of Miami Is appraisal and determination of a'Y�G4
jiiGt.—
compensation do not reflect any consideration of, +orn ;
allowance for, an relocation assistance and
Y ppaayn�nte� .whin
the occupants, the owner or tenants, are entitled to red ve:
under Tide Il of the Uniform Relocation Assistance and l ti ,
Property Acquisition Policies Act. of 1970.
v _ 4 y'51 1
The following items are specifically
cc ded in the �r
aforementioned approved appraisal and the considorgt an
the listed item is included in the just Cc�a��►n
the ettacbed list) . N t
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PARM NO. 26- 4
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°. -Ve 161'lowing `tapresei t,s a gunman of
the City`' a offer to
a» the
bagi.a thereof.
REAL RSTATRs
_
LAND and • IMPROMENTS $120, 450 `>
TOTAL JUST COMPENSATION
$120,450
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CITY OF MIAMI, FLOAIDA, -
-I q-OFFICE MEMORANDUM
to: It6finrable Mayor and ors DATE:
of th City Commission JAN 2•9 1991
8U8JECT : offer to Purchase Property
at 801 N.W. 2nd Avenue.
City H. Olio REFt"P cEsCommission,
oaiss drop Meetin4
y N- g date f ruary 14, 1991
ENC o MES .
2t is respectfully recommended that the City Commission adopt the
attached Resolution rescinding Resolution No. 89-779 'and further
authorizing the City Manager to wake ,an offer of $120,450.06'to
William Sawyer for property located at 801 N.W. 2nd Avenue. —
i
The Development Division of the Department of Development and
Housing Conservation has initiated Phase II of the Southeast
Overtown Park West Redevelopment gment with the acquisition- of _..land
within the Overtown Historic Village. The property located at 801 N.W. 2nd Avenue and owned by William
Sawyer is located within the Historic Overtown Folklife Village.
_( The City Commission, through Resolution No. 89-779 authorized the
City to execute an Agreement of Purchase and Sale for the said
property at a purchase price of $1200,450.00.
+ A prelimina
ry ry environmental analysis was ordered in accordance
,. with the Agreement. The report stated that based on the limited
soil and groundwater test program undertaken, soil and
groundwater contamination was indicated in the samplers collected tY
and tested.
tx
Currently, there is an auto repair business , using the site, the s
use does conform with City zoning regulations, and is
potentially contributing to the existing problem. The use and
a' conditions of the said problem is deteriorating the level of
-� investment made by the City of Miami and Phase I developers.
rid
The executed Agreement between the City of Miami and William
Sawyer dated October 6, 1989, stipulated the owner is responsible
' ponsible
for corrective actions necessary to remove or eliminate hazardous
1 .'. material on the property or the Agreement may become voidable. `{
The owner has indicated he is unable to take the necessary r_
corrective actions to remove or eliminate said hazardous j
conditions.
11
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Vi
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Y
w
t k
Honorable Mayor and Members
of the City Commission
page two
Additionally# Article 11, Section C paragraph (III) of the Indian
River Investment Lease Agreement states that if the City does not
remove the blighting influence of substandard properties on the
frontage of Block 36N and Northwest N.W. 2nd Avenue within
eighteen (18) months after Developer takes possession of - the
leased property, the City shall void the Performance Bonds and
reconvey the second mortgage provided by Developer to secure the
bonds. While the developer has not reused said bonds and second
mortgage the City is not in compliance with the executed lease.
and Development Agreement.
The State of Florida has an Abandon Storage Tank Restoration
Program, in which the City may qualify to be reimburse for funds
ro
spent on the contamination assessment and remediation plan and
implementation program. The deadline for applying for this
v
program is March 31, 1991.
The City could never remove the obligation/responsibility of the
current owner as it relates to the hazardous conditions of the
abovementioned property. Additionally, action could be taken to
recoup any and/or all funds the City may have incurred to remove
-� the hazardous conditons which now exist.
��91=115
2/14/91
RESOLUTION No, 9 1" 12 5
A RESOLUTION, WITH ATTACHMENT(S), RESCINDING
RESOLUTION NO. 89Y-779, ADOPTED SEPTEMBER 14,
1989, AND FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER TO PURCHASE PROPERTY
LOCATED AT 801 NORTHWEST 2ND AVENUE, MIAMI,
FLORIDA, "AS IS", FROM WILLIAM SAWYER
("OWNER") FOR THE TOTAL PURCHASE PRICE OF
$120,450, WITH FUNDS FOR THE ACQUISITION OF
SAID PROPERTY HAVING BEEN APPROPRIATED IN
PROJECT NO. 322057, ENTITLED "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT";
FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE
_ WHATEVER STEPS ARE NECESSARY TO CLOSE THE
TRANSACTION WITH THE OWNER AS EARLY AS
PRACTICABLE.
WHEREAS, the Development Division of the Department of
Development and Housing Conservation has initiated Phase II of
- the Southeast Overtown/Park West Redevelopment Project with the
acquisition of land within the Overtown Historic Village; and
WHEREAS, the property owned by William Sawyer, located at
801 Northwest 2nd Avenue, Miami, Florida, is within the Overtown
Historic Village area; and
WHEREAS, Resolution No. 89-779, adopted September 14, 1989,
authorized the City Manager to execute an Agreement of Purchase
and Sale for said property at a purchase price of $120,450; and
WHEREAS, a preliminary environmental site contamination
assessment was performed on subject property; and
WHEREAS, based on the limited soil and groundwater test
program undertaken, soil and groundwater contamination was
indicated in the samples collected and tested; and
WHEREAS, the executed Agreement between the City of Miami
and William Sawyer, dated October 6, 1989, stipulated that the
owner is responsible for corrective actions necessary to remove
or eliminate hazardous material on the property or the Agreement
may become voidabl-e; and
WHERL',AS, the o4.n-cr has i.ndicatc-�is urj« 1 hr- hl.c� t(.1, t:Gka.-� the
IIC'COSst9F}, t]act:.ion tr) ?'Y"IIl )"'r Or C'I 1111 1,(" c,aid fl:iGarCI, -,iS
iiiatei-ial; rind
WHEREAS, the removal of slum and blight on said property is
essential to the enhancement of Phase I and Phase II developments
within the Southeast Overtown/Park West Redevelopment Project
area and the quality of life for the residents of Overtown; and
WHEREAS, the City may qualify for the Abandon Storage Tank
Restoration Program which would reimburse the City for any funds
spent to rectify the hazardous conditions; and
WHEREAS, the deadline for applying for such Program is
March 31, 1991;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Resolution No. 89-779, adopted September 14,
1989, is hereby rescinded.
Section 2. The City Manager is hereby authorized to make
an offer of $120,450 to William Sawyer to purchase property
located at 801 Northwest 2nd Avenue, Miami, Florida, "as is",
with the understanding that the City is not waiving the
responsibility of previous owners.
Section 3. Funds for the acquisition of said property
have been appropriated in Capital Project No. 322057, entitled
"Southeast Overtown/Park West Phase II".
Section 4. The City Attorney is hereby authorized to
take whatever steps necessary to close the transaction with the
owner as early as practicable.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of Febrijig-ry , 1991.
XAVIER L. UAREZ, YOR
C f lf'Y CL,ERf'
am-
Is
CAPITAL IMPROVEMENT PROJECT REVIEWt
EDUARQQ RWIGUEZ, MANAGER
CAPITAL IMPROVEMENTS
PREPARED AND APPROVED BY:
LINDA KELLY KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J40 E L.0F*RNANDEZ
y
ci Y A4TTEY
Oj&
LKK:gb:M2047
- 3 -
91--- 1-25
■
s
THIS AGREEMENT entered into this day of ,.
1991 by and between THE CITY OF MIAMI, Dade County, Florida a
Municipal Corporation, hereinafter referred to as "CITY", and
William B Sawyer, Jr. whose property is currently located at JU
NW 2nd Avenue hereinafter referred to as "SELLER".
W I T N E S S E T H:
.WHEREAS, the SELLER is owner of that real property more
fully described on Exhibit "A" attached hereto and made a part
hereof, and
WHEREAS, the CITY desires to purchase, said property for use
in conjunction with the Southeast Overtown/Park West
Redevelopment Plan, and the Overtown Historic Folklife Village,
NOW, THEREFORE, it is hereby covenanted and agreed between
the parties as follows:•
1. In consideration of the CITY paying the SELLER the sum
of One hundred twenty thousand foor hundres fifty
dollars (120,450) the SELLER shall by General Warranty
Deed convey to the CITY good marketable and insurable
title free of liens and encumbrances to that certain
real property, together with the improvements,
hereditaments and appurtenances which are legally
described on Exhibit A attached hereto, and made a part
hereof. _
2. The CITY shall pay the SELLER the sum set forth in
Paragraph (1) hereof, minus any sums to be held or
given to others pursuant to the terms of this
Agreement, by CITY Warrant at the closing within sixty
(60) days from the date of the execution of this
Agreement by the CITY and SELLER. The CITY will sign
the agreement within ten (10) days of the City
Commission approval of this contract.
3. All past due real estate taxes shall be paid by the
SELLER. All taxes and assessments of record for the
year 1990, shall be prorated as of the date of closing
and shall be paid or satisfied by the SELLER prior to
closing.
4. All certified liens, encumbrances and charges of record
against the real property and all pending liens against
the real property shall be paid or satisfied by the
SELLER prior to closing.
5. The SELLER agrees that in the event that such loss or
damage occurs, there shall be an adjustment of the
purchase price, which adjustment shall be determined by
the City'and the Seller in agreement.
PAGE 1 OF 3
PARCEL No. 26-4
6. Title to the property shall be delivered to the CITY on
the date of closing. Beginning on the date of closing,
the CITY shall have the right to commence collection of
rent from any party(s) occupying the subject property.
However, from' and after the execution of this
instrument, the CITY its agents, and its contractors
shall have the right to enter upon the premises to be
conveyed for making studies, surveys, tests, soundings,
and appraisals.
7. If the abstract of title to be obtained by the CITY
does not meet the requirements set forth in Paragraph 1
and if defects in the title cannot be cured by ordinary
means, then the SELLER agrees to cooperate with and
assist the CITY and Dade County to acquire title to
said land by condemnation or other judicial
proceedings. The SELLER agrees that he is not entitled
to any fees or costs in connection with the foregoing.
8. If the SELLER is a corporation, partnership or trust,
SELLER hereby agrees to comply with Section 286.23
Florida Statutes by making a written Public Disclosure,
under oath, of the names and addresses of every
person(s) having beneficial interests in the Real
Property being conveyed to the CITY, unless
specifically exempt by provisions of said Statute.
9. If SELLER is entitled to receive any additional
payments under the Uniform Relocation Payment Act, it
is understood that this Agreement does not prohibit the
SELLER from exercising his rights thereunder.
10. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
11. This Agreement shall be governed according to the laws
of the State of Florida.
12. The SELLER understands that this offer is subject to the approval of the City Commission of the City of •-
Miami, Florida.
13. THe City of Miami will purchase the property "as is"
with the understanding that the responsibilty of the
Seller is not removed by the City's action.
14, This instrument and its attachments constitute the sole
and only Agreement of the parties hereto relating to
said services and correctly sets forth the rights,
duties, and obligations of each to the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this
Agreement are of no force or effect.
PAGE 2 OF 3
PARCEL No. 26-4
i;
15. No amendments to this Agreement shall be binding on =
either party unless in writing and signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
SELLER:
Witnesses: (two required) By
As to an individual
ATTEST:
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By
CESAR H. ODIO
CITY MANAGER
APPROVED AS TO
FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
r 0
PARCEL NO. 2.6-4
EXHIBIT A
CITY OF MIAMI EMM
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT
_E_N-S I__ -N -
1. FR_QPERTY DESCRIPTION:
The South 5 feet of Lot 37 and Lot 44 and 45 Less the West
7.5 feet thereof P.W. White ReSub of Plock 36N a subdivi-sion
according to the Plat thereof., as recorded in Plat Book B, at-,
Page 34, of the Public Records of Dade County, Florida.
2. OWNERS OF RECORDS:
William Sawyer
3. FEE SIMPLE:
$120,450
4. BASIS OF JUST COMPENSATION:
The City's offer represents the full amount of Just
Compensation for the property and all interests therein to be
acquired. This offer is based on the Fair Market Value of
the subject property and is not less than appraisal made by a
competent professional appraiser. The subject property has
been inspected by the City and by the independent appraiser.
FAIR MARKET VALUE IS DEFINED AS: The price estimated in
-_=
terms of money, which a property would bring if exposed f.oi
=
sale in the market with a reasonable time allo�ti��:l in 4•rhic is
find a purchaser buying with the knowledge of: all the us
rand pL1rpOSF?S t0 W�?1C?l J_t: 16 adc —d an f F:)-1_i !1
Capable.
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