HomeMy WebLinkAboutR-90-0510J- 9 0" 5 V 7
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RESOLUTION NO.
90- 510
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUL A REVOCABLE PERMIT
TO LIONS HOME FOR THE BLIND, INC., IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE
OF 2,503 SQUARE FEET OF SPACE IN THE MANUEL
AIRTIME COMMUNITY CENTER LOCATED AT
970 SOUTHWEST FIRST STREET, ROOMS 403-4071
MIAMI, FLORIDA; SAID PERMITTEE TO PAY FOR THE
USE OF THE AREA AT AN ANNUAL FEE OF
$11,263.56, IN SUBSTANTIAL ACCORDANCE WITH
THE TERMS AND CONDITIONS CONTAINED IN SAID
REVOCABLE PERMIT.
WHEREAS, the Lions Home for the •Blind, Inc. (f/k/a
Industrial Home for the Blind), a community service agency, has
occupied 588 square feet of space in the Manuel Artime Community
Center since 1986 under a Revocable Permit, and has been paying
$679.13 monthly for the use of the premises; and
WHEREAS, said permit and extensions thereto have expired;
® and
WHEREAS, the Lions Home for the Blind, Inc. has requested
use of an additional 1,915 square feet of available space and is
willing to pay an increased user fee; and
— WHEREAS, the City of Miami is willing to allow the Lions
Home for the Blind, Inc. to use the facility through a new
Revocable Permit with an increased user fee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
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(ATTACHMENTS
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issue a Revocable permit -I/ to the Lions Homo for the Blind, tnc.
in substantially the attached forim, for the use of 2,503 aquere
fast of space in the Manuel Artime Community Center located at
970 Southwest Pirst Street, Room 403-407, Miami, Plorida; said Y-
Permittee shall pay an annual fee of $11,263.56 for the use of
the premises, in substantial accordance with the terms and a_
conditions contained in said Revocable Permit.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 12th day of ul ., 1990.
XAVIER L. SUAR KAYO
A S
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MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
A. QUIRN J St II
DEPUTY CI ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOR E L. FE DE }
- CITY ATTORNE11
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The herein authorization is further subject to compliance,
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions. 3
REVOCABLE PERMIT
NO. ;
1
iSS
ISSUED BY THE
CITYOF MIAMI °-
TO
_ LIONS HOME FOR THE BLIND, INC.'
FOR THE USE OF 2,503 SQUARE FEET°F
OF SPACE IN THE '-
PROPERTY LOCATED AT -407
-
970 SOUTHWEST FIRST STREET, ROOM 403
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MIAMI, FLORIDA
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Issued this day of , 1990.
ATTEST:
CITY CLERK
APPROVEp AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
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CITY OF MIAMI,
a municipal
corporation of
the State of
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CITY MANAGER*_
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DESCRIPTION Or AREA.
20
TIME
PURPOSE
44
PER
5,
LAWS -APPLICABLE
6-
UTILITIES
7-
ASSIGNMENT OR TRANSFER
8.
CONDITION OF AREA,
9.
ALTERATION BY PERMITTER
10-
MAINTENANCE
11. CITY'S RIGHT OF ENTRY
12. RISK OF LOSS
13. INDEMNIFICATION
14. INSURANCE
3
ITS.
3
4
4
A
4
5
5
5
6
6
15.
PEACEFUL RELINQUISHMENT
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16.
GENERAL CONDITIONS
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17.
ADVERTISING
8
18-,
NONDISCRIMINATION
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19.
AFFIRMATIVE ACTION
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20.
MINORITY/WOMEN BUSINESS UTILIZATION
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21.
VIOLhTIONS
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22.
TAXES
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23.
INTEREST.CONPERRED BY PERMIT
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24.
COURT COSTS AND ATTORNEYS FEES
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25.
MODIFICATIONS
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EXHIBIT 1
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CORPORATE RESOLUTION
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The City
of Miami
(hereinafter
referred to as the "Ch"
hereby issues
this revocable permit
(hereinafter referred to as
the "PERMIT")
to LIONS HOME FOR
THE BLIND, INC. a Florida`'
nonprofit corporation,
(hereinafter
referred to as the
"PERMITTEE"),
for the
purpose of
providing space for. the
administration
offices
of LIONS HOME FOR THE BLIND, INC. and
under the conditions
hereinafter
set forth, permitting said
PERMITTEE to use 2,503 square feet of space of the property
located at 970 Southwest First Street, Rooms 403-407, Miami,
Florida (hereinafter referred to as the "AREA"), described in
Exhibit 1 which is attached hereto and made a part hereof.
-
CONDITIONS
2. TSB ,
This PERMIT shall be valid for a period of one year
commencing on the date of issuance. This PERMIT or any
extensions and renewals thereof, in addition to the termination
which may result from or under the •provisions of Section 21
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hereof, may also be terminated by the City Manager, with or
without cause at any time by delivery of a written notice of
revocation, thirty (30) days prior to revocation.
3. PURPOSE.
The AREA shall be used by the PERMITTEE, for the purpose of
providing employment, training and other services for the blind.'
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PERMITTEE shall pay for the use of the AREA an annual fee in
the amount$11,263.56, payable in 12 equal monthly installments
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in the amount of $938.63.
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5. LAW6 APIiLICABI $
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PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State Of Florid,
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Ordinances of the City of Miami and Dade County, rlotida p
pertaining to the operation and maintenance of the AM,
including but not limited to building codes and zoning
reatrictiona, is a condition of this PERMIT, and PERMITTEE shall
comply therewith as the same presently exist and as they may be
-
amended hereafter.
6. UTTT+TR+Tas
Unless otherwise provided herein, the CITY shall provide all
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utilities, including but not limited to,, electricity, water, gas
and sewage disposal. Trash and garbage removal shall be at the
-
cost of the CITY. PERMITTEE shall be responsible for telephone
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charges.
7. NO ASSIO MM OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
S. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in its present condition
and shall maintain it in the same condition, order and repair as
it is in at this time, at the cost and expense of the PERMITTEE,
except for reasonable wear and tear.
9. ALTE=TIONS BY PERMITTEE
A. PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the AREA without
the written consent of the City Manager or his
designee. All additions, partitions, or improvements
shall become the property of CITY and shall remain as
part of the AREA at the expiration of this PERMIT. The
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cost of renovation of the AREA as to alterations,
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additions, partitions or improvements shall be borne by
and is the financial responsibility of PERMITTEE.
B. PERMITTEE shall have the right to remove any
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movable personal property or fixtures that it places in
or on the AREA. A11 alterations, additions, partitions
or improvements must be in conformance with the
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provisions of Section 5 hereof. If any part of the
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AREA is in any way damaged by the removal of such items
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an stated, in substation "A" hereof, said damage" shall
be repaired by PEMITTEE at its sole cost and expense,
Should PERMITTEE fail to repair any damage caused to
the AREA ten (10) days after receipt of written notice
from CITY directing the required repairs, CITY shall
cause the AREA to be repaired at the sole cast and
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expense of PERMITTEE. PERMITTEE shall pay CITY the
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full cost of such repairs within ten (10) days Of
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receipt of an invoice indicating the cost of such
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required repairs. Failure to pay such invoice shall be
sufficient cause to revoke this PERMIT as provided in
Section 21 below. Notwithstanding the above, this
PERMIT may be revoked due to PERMITTEE's failure to
repair the AREA as directed without the necessity of
CITY repairing the AREA.
C. Upon completion of construction, and/or
improvements, the paid invoices, receipts and other
such documents shall be submitted to the City Manager.
10. NAIMM18 CL
PERMITTEE shall maintain the AREA in good order and repair
at all times, and in an attractive, clean and sanitary condition
during the period of this PERMIT or any extension or renewal
hereof.
11. C TY'8 RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
AREA during all reasonable working hours, to examine and/or
inspect the same and for any necessary access to the adjoining
City property.
12. 41SK OF LOSS
PERMITTEE shall pay on behalf of, defend, indemnify and save
CITY harmless against all risk of loss, injury or damage of any
kind, or nature whatsoever to property now or hereafter placed on
or within the AREA and all risk of loss, injury or damage of any
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and or nature whatsoever to the contents of
such building or
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ieVr6VG rents made by PERIYIITI'TEE to the structure
or structures, or
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to any goods# chattels, merchandise or to any other property that
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nay now or hereafter be placed upon the AREA,
whether belonging—
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to PERNITTEIS or others, whether said loss, n ury
results from fire, hurricane, rising water or from any other
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cause or other contingency, and whether the same be caused by the
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claimed negligence of CITY or any of its employees, agents or
otherwise, and shall keep CITY harmless from all claims and suits
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growing out of any such loss, injury or damage.
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13. tNDEdNIFICATION AND HOLD HARW SS
The PERMITTEE shall indemnify and save the city harmless
from any and all claims, liability, losses and causes of actions
which may arise solely as a result of the PERMITTEE's negligence.
14. INSiJR�NCE
PERMITTEE shall maintain throughout the period of this
PERMIT and through any periods of extensions or renewals, the
following insurance:
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- A. Commercial General liability, Comprehensive
-
General liability or its equivalent, on an occurrence
form with a combined single limit of at least $500,000
covering premises operations, bodily injury and
property damage liability. Any other coverage deemed
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necessary in the course of business. The City shall be
named an additional insured on the policy or policies
of insurance.
H. The policy or policies of insurance required shall
be so written that the policy or policies may not be
cancelled or adversely changed without thirty (30) days
advance written notice to the City of Miami being
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delivered to the Insurance Manager, City Attorney's
Office, One Southeast 3rd Avenue, Miami, Florida 33131.
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A curreftt cabtificate of insurance showing the required coverage
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�. shall be supplied to the property and tease Managen►ent Office of
the CITV, insurance policies required above shall be issued by
companies authorised to do business under the laws of the State,--
t d financial
with the following qualifications as to managemen an
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strengths The company must be rated no less than A aim to
management, and no less than class V as to financial strength, in
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accordance with the latest edition of Eest's Kay Rat g de-_-
published by Alfred M. Best Company, Inc., Oldwick, New Jersey
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08858.
Receipt of any documentation of insurance by the CITY or by any
of its representatives which indicates less coverage than
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required does not constitute a waiver of the PERMITTEE's
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obligation to fulfill the insurance requirements herein.
15. PEACEFCIL RELINOUISiII+IENT
At the expiration of the PERMIT period, PERMITTEE shall,
without demand, quietly and peaceably relinquish, its use of the
AREA in as good condition as it is now, except for normal wear
and tear such relinquishment also being required, upon demand of
the City Manager, pursuant to the provisions of section 21
hereof, or as provided in Section hereof or as may otherwise be
-
directed by CITY.
16. GENERAL CONDITIONS
A. All notices or other communications which may be
given pursuant to this PERMIT shall be delivered in
writing, by personal service or registered mail, and
shall be addressed to CITY and PERMITTEE as follows:
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City manager Lions Home for the Slind,
Attn: Property 6 base Mgmt. Inc.
City or Miami 970 S.W. lot Street
P.C. Bolt 33070E Miami, Florida
Miami, Florida
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day
after being posted or the date of actual receipt,
whichever is earlier.
B. Title and paragraph headings are for convenient
reference and are not a part of this PERMIT.
C. No waiver of a violation of any provision of this
PERMIT shall constitute a waiver of any subsequent
violation of the same or any other provision hereof,
and no waiver shall be effective unless made it
writing.
D. Should any provisions, paragraphs, sentences,
words or phrases contained in this PERMIT be determined
by a court of competent jurisdiction to be invalid,
illegal or otherwise unlawful under the laws of the
State of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, and the same may be deemed severable by
the CITY, and in such event, the remaining terms and
conditions of this PERMIT shall remain unmodified and
in full force and effect.
17. ADVERTISING
PERMITTEE shall
not permit any signs or advertising
matter
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to be placed either
in the interior or upon the exterior
of the
AREA grounds without
having first obtained the approval
of the
City Manager or his
designee. CITY reserves the right to erect
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or place upon the
AREA an appropriate sign indicating
CITY's
having issued this PERMIT.
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P THE shall: not discriminate against any persons on
account of race, color, sexi, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREA.
19. MMITIVI _ ACTION,
PERMITTEE, shall have in place an Affirmative Action/Equal
Employment Opportunity Policy and shall institute a plan for its h
achievement which will require that action be taken to provide
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equal opportunity in hiring and promoting for women, minorities,
the handicapped, and Vietnam era veterans. Such plan will
include a set of positive measures which will be taken to insure
nondiscrimination in the work place as it relates to hiring,
firing, training and promotion. In lieu of such a policy/plan, -
PERMITTEE shall submit a Statement of Assurance indicating that
their operation is in compliance with all relevant Civil Rights
laws and regulations.
20. 1jINORI'iX4ffl MEN BUSINESS UTILIZATION
PERMITTEE, shall make every good faith effort to
purchase/contract fifty-one percent (51%) of its annual goods and
services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the City of
Miami's Office of Minority/Women Business Affairs. Such lists
will be made available to the PERMITTEE at the time of the
issuance of the PERMIT by the City of Miami and updates will be
routinely provided by the City's office of Minority/Women
Business Affairs.
21.
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10) - n„
days written notice given to PERMITTEE by the City Manager within
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which to cease such violation or to correct such deficiencies,
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and upon failure of PERMITTEE to do so after such written notice,
this PERMIT is hereby revoked automatically without the need for
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other or further action by CITY.
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During the period of this PERMIT, PERNITTEE shall pay arty
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
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2 3. ZHZ=T CONp=gn EY pl=IT
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The previsions of this PERMIT do not constitute a lease and
the rights of PERMITTEE hereunder are not those of a tenant. No
leasehold interest in, the AREA is conferred upon PERMITTEE under
the provisions hereof.
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24. COURT COSTS AND ATTORNEYS FEES
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMIT,
PERMITTEE shall pay CITY's court costs and attorney's fees.
25. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.
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IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this day of
1990.
.ATTEST:
LIONS HOME FOR THE BLIND, INC.
(Seal) '.
Corporate Secretary President
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Coord nator
10
070 Sw First. Street
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LIONS
HOME FOR THE BLIND
4th FLOOR
ROOM 403/7
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EXHIBIT 1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members of
The Cit Commission
FROM
Cesar H. Odio
City Manager
DATE : JUL - 3 1990 FILE :
SUBJECT : Resolution Authorizing -
Issuance of Revocable
Permit for Lions Rome
REFERENCES for the Blind, Inc.
(f/k/a/ Industrial Home
ENCLOSURES: for the .Blind)
It is respectfully recommended that the city Commission adopt a
resolution authorizing the issuance of,a Revocable Permit to the
Lions gone for the Blind,, Inc. (f/k/a. Industrial Hone for the
Blind) for use of 2,503 square feet in the Manuel Artime
Community Center.
The General services Administration Department,; Property and
Lease Management Division has prepared a Revocable Permit to be fr
.issued to Lions Home for the Blind,, Inc. for use of space in the
Manuel Artime Community Center,, 970 Southwest First Street,, Room
403-407, Miami, Florida.
The Lions Home for the Blind, Inc. is a community service agency
that has occupied 588 square feet under a Revocable Permit issued
in 1986 which has been renewed annually. The Lions Home for the
Blind,, Inc. has requested an additional 1,915 square. feet Of
available space and is willing to pay an increased user fee. -
It in recommended that a now Revocable Permit be issued to the
Lions Home for the Blind,, inc., increasing the user fee to
$11,263.56, annually, representind the total 2,,503 square foot.at
$4.50 per square foot.
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