HomeMy WebLinkAboutR-89-01674;
RESOLUTION NO. 897-16 i
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO MAKE AN OFFER AND EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH THE PROPERTY OWNERS FOR
ACQUISITION OF THREE PARCELS (PARCEL NO'S.
03-14, 03-20 AND 03-23) WITHIN THE ALLAPATTAH
COMMUNITY DEVELOPMENT TARGET AREA AND WHICH
IS MORE PARTICULARLY AND LEGALLY DESCRIBED IN
THE ATTACHED EXHIBITS "A" AND "B", TO BE USED
FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO
LOW AND MODERATE INCOME FAMILIES IN
CONNECTION WITH THE CITY SPONSORED SCATTERED
SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM;
FUNDS ARE AVAILABLE FROM THE ORIGINAL
$1,000,000 ALLOCATED FROM 11TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR ACQUISITION
OF THE SUBJECT PROPERTIES IN CONNECTION WITH
THE SAID PROGRAM; FURTHER AUTHORIZING THE
CITY ATTORNEY TO PROCEED TO CLOSE ON THE
SUBJECT PARCELS AFTER EXAMINATION OF THE
ABSTRACT AND CONFIRMATION OF OPINION OF
TITLE.
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WHEREAS, there exists a severe shortage of standard housing
in the' City of Miami affordable to families and individuals of
low and moderate income; and
WHEREAS, on October 23, 1986, the City Commission passed and
adopted Resolution No. 86-840, which approved implementation of
the Scattered Site Affordable Housing Development Program in the
City's Community Development Target Areas for the purpose of
providing owner -occupied residential units within the
affordability range of qualified low and moderate income
purchasers.
WHEREAS, in October of 1986, the City Commission authorized
the issuance of $4,200,000 in Special Obligation Bonds for the
purpose of providing construction financing for such housing; and
WHEREAS, the City, serving as developer, plans to finance
the development of single family owner -occupied residential units
in the Allapattah neighborhood under the Program; and
AT 4���9�v��G��S
C9N'iEt @6��D
CITY COMMISSION
MEETING OF
FEB 9 1989
9--167
)N No.
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P. P
WHEREAS, three (3) parcels in the Allapattah Community
Development Target Area have been identified and recommended for
the development of housing affordable to low and moderate income
families; and
WHEREAS, the City of Miami is interested in acquiring three
(3) parcels of land located in the Allapattah neighborhood which
are more particularly and legally described in the attached
Exhibits "A" and "B" for the development of such housing; and
WHEREAS, appraisals have been obtained and efforts to secure
the property for valid public and municipal purposes through
negotiation should be undertaken by the City; and
WHEREAS, funds in the amount of $567,794 were available from
the original $1,000,000 allocated from Ilth Year Community
Development Block Grant funds for land acquisition costs in
connection with the Program.
WHEREAS, the amounts set forth in Exhibits "A" and "B" are
reasonable and in keeping with the costs of acquiring property
through the normal negotiation process; and
WHEREAS, the City Commission previously established a policy
under Resolution No. 77-73 to provide a bonus over the appraised
value to owners who sell their property to the City through a
negotiated settlement in lieu of condemnation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. T'ne City Manager is hereby authorized to
negotiate with the property owners of three (3) parcels of land
in the Allapattah Community Development Target Area and which,
are particularly and legally described in the attached Exhibits
"A", "B", "C", "D" and "E", are hereby authorized for acquisition
by way of negotiated purchase.
Section 2. The following offers as indicated are hereby
authorized to be made to the owners of the subject properties in
the amounts as indicated below:
- 2 -
CONTRACT
PARCEL
PURCHASE
NUMBER
PARCEL ADDRESS
OWNER
PRICE
03-14
S.E. Corner of N.W.
Seymour C. Rudges,
$18,875
8th Ave. & 29th Ter.
Individually and as
Executor of the Estate
of Jean Rudges,
Deceased, Hazel Dacks
Dacks and Rita Moran
03-20
776 N.W. 30th St.
David A. Graves
$28,000
03-23
3500 N.W. llth Ave.
Yvonne Scavella
$16,985
Section 3. The City Manager is further hereby authorized to
negotiate with the above property owners within the framework of
the appraisals obtained for the parcels and further authorized to
offer a settlement bonus as per Resolution No. 77-73.
Section 4. Adequate Eleventh Year Community Development
Block Grant land acquisition funds which exist as an available
balance l/ remaining from the $1,000,000 previously authorized by
the City Commission, are hereby designated to defray the cost of
said acquisitions•
Section 5. The City Attorney is hereby authorized to
proceed to close on said properties after examination of the
abstract and confirmation of an Opinion of Title; if approved by
the City Attorney, the City Manager is hereby authorized to
execute the Agreement of Purchase and Sale of the subject
properties identified at the costs stated in Exhibit "A" and to
disburse the sum(s) of money in accordance with the City
Commission's approval.
Section 6. All recitals and findings contained in the
preamble of this Resolution are hereby incorporated by reference
thereto and are hereby adopted as if fully set forth in this
Section.
Section 7. This Resolution shall become effective
immediately upon its adoption pursuant to law.
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1/ Said balance as of December 31, 1988 was $567,794. ('
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MAT HIRAI, CITY C ERK
COMMUNITY DEVELOPMENT REVIEW:
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K T NED DIRECTOR
COMMUNITY DEVELOPMENT
FINANCE REVIEWS BUDGETARY REVIEW:
CpR,O,12
IA, DIRECTOR MANO S iA, DIRE
CTOR J
FINANCE PARTMENT MANAGt AND BUDGET
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PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
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APPROVED AS TO FORM AND CORRECTNESS:
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PARCEL NO. 03-14
PARCEL ADDRESS:
EXHIBIT *A"
PROPERTY LEGAL DESCRIPTION:
FOLIO NUMBER:
OWNER OF RECORD:
LAND AREA:
ACQUISITION COST:
PARCEL NO. 03-20
PROPERTY ADDRESS:
PROPERTY LEGAL DESCRIPTION:
FOLIO NO.:
OWNER OF RECORD:
LAND AREA:
ACQUISITION COST:
PARCEL NO. 03-23
s:
Z:' ? ADDRESS:
PROPERTY LEGAL DESCRIPTION:
FOLIO NUMBER:
3 OWNER OF RECORD:
Southeast Corner of Northwest
8th Avenue and 29th Terrace
Lot: 1, Block: 2
Boulevard Park
Plat Book 7, Page 55
01-3126-009-0260
Seymour C. Rudges, Individually
and as Executor of the Estate of
Jean Rudges, Deceased, Hazel
Dacks and Rita Maran
135 x 50
$18,875.00
776 Northwest 30th Street
Lots: 1 and 2, Block: 2
DeLeon Park
Plat Book 3, Page 165
01-3126-005-0170
David A. Graves
105 x 128
$28,000.00
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3500 Northwest llth Avenue
South 90 ft. of east 138.546 of a -
portion of Lyndon Park Unrecorded
Plat
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01-3126-003-0130
f.
Yvonne A. Scavella�f
LAND AREA:
90 x 139 a
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ACQUISITION COST:
$16,985
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EXHI FIT "C"
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT entered into this day of
1989, by and between THE CITY OF MIAMI, Dade County, Florida, a
Municipal Corporation of the State of Florida, hereinafter
referred to as "CITY," and SEYMOUR C. RUDGES, INDIVIDUALLY AND AS
EXECUTOR OF THE ESTATE OF JEAN RUDGES, DECEASED, HAZEL DACKS AND
RITA MARAN, residing/located at c/o H. Dacks, 1251 Southwest
125th Avenue, Cambridge T 312, Pembroke Pines, Florida, 33027,
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 Attachment "A" attached hereto and made a part
hereof, and
WHEREAS, the CITY desires to purchase said property located
at Southeast Corner of Northwest 8th Avenue and 29th Terrace,
(Parcel No. 03-14) for use in conjunction with the affordable
housing program in the City of Miami.
NOW, THEREFORE, in consideration of the sum of One Hundred
Dollars ($100), and other good and valuable consideration, it is
hereby covenanted and agreed between the parties as follows:
I. In consideration of the CITY paying the SELLER the sum
of Eighteen Thousand Eight Hundred Seventy -Five Dollars
($18,875), 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
Attachment "A" attached hereto, and made apart 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.
3. All taxes and assessments of record for the year 1989
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 loss or damage to the property by
fire o� other casualty, or acts of God, shall be at the
risk of the SELLER until the title to the land and deed
to the City have been accepted by the CITY. In the
event that such loss or damage occurs, there shall be an
adjustment of the purchase price, which adjustment shall
be determined solely by the CITY.
6. Title to the property shall be delivered to the CITY on
the date of closing. 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, and
tests, soundings, and appraisals.
89 167
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7. If the SELLER is a corporation, partnership or trust,
SELLER hereby agrees to comply with Section 286.23
Florida Statuteb by flaking 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 Statutes.
S. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
9. This Agreement shall be governed according to the laws
of the State of Florida.
10. The SELLER understands that this offer has been approved
by the City Commission of the City of Miami, Florida by
Resolution No.
11. If this is not executed by both parties to the Agreement
on or before March 30, 1989, this offer shall thereafter
be null and void. The date of the contract shall be the
date when the last one of the CITY and SELLER has signed
this offer.
12. The $100 depcsit delivered to the SELLER at the time of
execution of this Agreement shall act as a deposit on
this transaction and, upon closing, shall be credited
against the purchase price to be paid at time of
closing.
Dated the date first written above.
WITNESSES:
As to an Individual
As to an Individual
As to an Individual
ATTEST:
MATTY HIRAI
E City Clerk
APPROVED AS TO FROM AND
CORRECTNESS:
FORGE L. FERNANDEZ
City Attorney
SELLER: Seymour C. Rudges,
Hazel Dacks and
Rita Maran
BY
BY
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
I
BY
CESAR H. ODIO
City Manager
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FOLIO NO.: s
OWbTER OF RECO1tDz; Seymour C. Rudges, Individually and
as Executor of the Estateof Jean
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Rita Maran
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EXHIBIT "D" -
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT entered into this day of
1989, by and between THE CITY OF MIAMI, Dade County, Florida, a
Municipal Corporation of the State of Florida, hereinafter
referred to as CITY, and DAVID A. GRAVES residing/located at
3701 Park Avenue, Miami, Florida, hereinafter referred to as
"SELLER."
W I T N E S S E T Ei:
WHEREAS, the SELLER is owner of that real property more
fully described on Attachment "A" attached hereto and made a part
hereof, and
WHEREAS, the CITY desires to purchase said property located
at 776 Northwest 30th Street, (Parcel No. 03-20) for use in
conjunction with the affordable housing program in the City of
Miami.
NOW, THEREFORE, in consideration of the sum of One Hundred
Dollars ($100), and other good and valuable consideration, it is
hereby covenanted and agreed between the parties as follows:
1. In consideration of the CITY paying the SELLER the sum
of Twenty -Eight Thousand Dollars ($28,000), 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 Attachment "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.
3. All taxes and assessments of record for the year 1989
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 loss or damage.to the property by
fire or other casualty, or acts of God, shall be at the
risk of the SELLER until the title to the land and deed
to the City have been accepted ny the ui,rz. in the
event hat such loss or damage occurs, there shall be an
adjustment of the purchase price, which adjustment shall
be determined solely by the CITY.
6. Title to the property shall be delivered to the CITY on
the date of closing. 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, and
tests, soundings, and appraisals.
67
7. It the SELLER is a corporation, partnership or trust,
SELLER hereby agrees to comply with Section 286.21
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 Statutes.
8. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
9. This Agreement shall be governed according to the laws
of the State of Florida.
10. The SELLER understands that this offer has been approved
by the City Commission of the City of Miami, Florida by
Resolution No.
11. If this is not executed by both parties to the Agreement
on or before March 30, 1989, this offer shall thereafter
be null and void. The date of the contract shall be the
.date when the last one of the CITY and SELLER has signed
this offer.
12. The $100 deposit delivered to the SELLER at the time of
execution of this Agreement shall act as a deposit on
this transaction and, upon closing, shall be credited
against the purchase price to be paid at time of
closing.
13. Within fifteen (15) days from date of execution of this
Agreement, the SELLER shall cause to be delivered to the
CITY the abstract of title to the real property brought
to the date hereof.
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PROPERTYMli
LEGAL DESCRIPTION
017
Lott _1 and �i Bloek �
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FOLIO NO.:
OWNER OF RECORDt David A. Graves
t 3701 park Avenue
Miami, Florida
LANDA: 105 x 128 Pyy y� fiF ,=jYri ] hat
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EXHIPIT "E"
AGREEMENT OF PURCHASE AND SALE.
THIS AGREEMENT entered into this day of ,
1989, by and between THE CITY OF MIAMI, Dade County, Florida, a
Municipal Corporation of the State of Florida, hereinafter
referred to as CITY, and YVONNE A. SCAVELLA, residing/located
at c/o Michael Scavella, 875 Avenue of the Americas, Suite 800,
New York, New York 10001, 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 Attachment "A" attached hereto and made a part
hereof, and
WHEREAS, the CITY desires to purchase said property located
at 3500 Northwest llth Avenue (Parcel No. 03-23) for use in
conjunction with the affordable housing program in the City of
Miami.
NOW, THEREFORE, in consideration of the sum of One hundred
Dollars ($100), and other good and valuable consideration, it is
hereby covenanted and agreed between the parties as follows:
1. In consideration of the CITY paying the SELLER the sum
of Sixteen Thousand Nine Hundred Eighty -Five Dollars
($16,985), 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
Attachment "A" attached hereto, and made a part hereof.)
2. The CITY shalll 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.
3. All taxes and assessments of record for the year 1989
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 loss or damage to the property by
fire or other casualty, or acts of God, shall be at the
risk of the SELLER until the title to the land and deed
to the City have been accepted by the CITY. In the
event hat such loss or damage occurs, there shall be an
adjustment of the purchase price, which adjustment shall
be determined solely by the CITY.
6. Title to the property shall be delivered to the CITY on
the date of closing. 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, and
tests, soundings, and appraisals.
t1
y. 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 heal
Property being conveyed to the CITY, unless specifically
exempt by provisions of said Statutes.
8. This Agreement shall be binding upon the heirs,
executors, administrators and assigns of the parties.
9. This Agreement shall be governed according to the laws
of the State of Florida.
10. The SELLER understands that this offer has been approved
by the City Commission of the City of Miami, Florida by
Resolution No.
11. If this is not executed by both parties to the Agreement
on or before March 30, 1989, this offer shall thereafter
be null and void. The date of the contract shall be the
.date when the last one of the CITY and SELLER has signed
this offer.
12. The $100 deposit delivered to the SELLER at the time of
execution of this Agreement shall act as a deposit on
this transaction and, upon closing, shall be credited
against the purchase price to be paid at time of
closing.
13. Within fifteen (15) days from date of execution of this
Agreement, the SELLER shall cause to be delivered to the
CITY the abstract of title to the real property brought
to the date hereof.
Dated the date first written above.
WITNESSES:
As to an individual
9
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F
BY
MATTY HIRAI
_ CESAR H. ODIO.
City Clerk
City Manager
APPROVED AS TO FORM AND
_
— CORRECTNESS:
JORGE L. FERNANDE2;`
City Attorney
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CITY of MIAMI. FL011110A
Y
INT6R.OFFICE MEMORANDUM-
Honorable Mayor and Members OATS: tii1s. r .� •
to: of the City Commission
Resolution Authorizing l-
susJECT:Acquisition of Three (3)
Parcel in Allapattah
FROM: Cesar H. odio REFERENCESCity Commission Agenda
Item - February 9, 1989
City Manager
ENCLOSURES:
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RgCOMMMDATION
It is respectfully recommended that the City Commission adoacels
attached resolution authorizing the purchase of three (3) p
An the Allapattah Community Development Target Area for: the
;purpose of developing affordable sales .,housing in connection :with
the, City sponsored Scattered Site Affordable. Housing Development,
Program.
BACKGROUND:
ment Agency recommends 3 ;^
The Housing Conservation and Develop
ratification of the attached resolution which authorizes the
purch
ase of three (3) parcels in the Allapattah Community
Development Target Area for the purpose of developing affordable
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sales housing in the Allapattah neighborhood. The proposed t
resolution authorizes and directs the City Manager to execute an
Agreement of Purchase and Sale for the subject parcels currently
under consideration for acquisition.
h Resolution No. 86-840, the City
In October of 1986, through
roved the implementation of the City's Scattered a
Commission approved
Site Affordable Homeownership Development Program in the City's '
Community Development Target Areas for the purpose of providing
owner occupied residential units within the affordability range of; �`{f
In addition, the.
qualified low and moderate income purchasers.
t City Commission authorized the City Manager to proceed in securing ,FXAV-
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appraisals of home sites with initial emphasis in the Allapattah,': t�
Model City, Wynwood and Overtown Target Areas.
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Seven (7) new single family homes have been recently completed -An.
�4 the Model City neighborhood and construction is scheduledo
commence on two (2) new single family homes in the Wynwo44i ,>4t
' neighborhood within the next 30 days.
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Resolution Authorizing Acquisition
of 3 Parcels- iri All, attah g r � ��,�
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Page
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` Acquisition of the subject parcel will result in the development of
three (3)new single family homes in the Allapattah neighborhood.
;. Approximately '$567,794' in funding which represents the remaining
balance from the $1,000,000 in llth Year Community Development Block
Grant Funding previously authorized by the City Commission,' in.`'
3, connection with the aforementioned Program, is available to defray ,a
the cost of acquiring the subject parcels.
In view of the City's need to acquire homesites in the Allapattah
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neighborhood in connection with the City's Scattered..Site Affordable�� f�4fl3
Homeownership 'Development Program, City Commission 'ratificati n' ..O.
the attached resolution is recommended.
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