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HomeMy WebLinkAbout8.1 LicenseAgmtIronHorseTr DCZTY CLERK AGENDA STATEMENT CTTY COUNCIL MEETING DATE: December 3, 2002 SUBJECT: License Agreement between the City of Dublin and Alameda County to Maintain the Portion of the Iron Horse Trail on Property Owned by Alameda County Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution of Approval 2) Agreement 3) Location Map RECOMMENDATION: 1) Adopt resolution approving License Agreement between  the City of Dublin and Alameda County to maintain the portion of the Iron Horse Trail on Property owned by Alameda County 2) Direct Staffto work with East Bay Regional Park District (EBRPD) to finalize a sublicense agreement that will delegate the maintenance of the Iron Horse Trail specified in the Alameda County agreement FINANCIAL STATEMENT: The City of Dublin intends to convey maintenance of the 20-foot wide corridor of the Iron Horse Trail to the East Bay Regional Park District. The remaining area of Alameda County's fifty-foot right- of-way will be maintained by Dublin. The cost to maintain this area (other than what EBRPD will have to maintain) is approximately $1,000 to $2,000 per year for weed control and litter pick up. This will be funded with General Fund monies. DESCRIPTION: This past summer, Alameda County constructed the segment of the Iron Horse Trail from Dougherty Road to the East Dublin/Pleasanton BART Station. This section of the trail is located in the old Southern Pacific railroad right-of-way owned by Alameda County. The project was funded with Transportation Fund for Clean Air monies administered by the Bay Area Air Quality Management District, in cooperation with the City of Dublin and East Bay Regional Park District (EBRPD). Shea Properties built the section of the trail northwest of Dougherty Road in conjunction with development of the Park Sierra Apartment complex. This portion of the trail was also built on land owned by Alameda County. COPIES TO: Alameda County ITEM NO. ~ g:huiscproj\ironhorskagst license agmt ala cty. doc / ~.- At present, the EBRPD has a sublicense agreement with the City of Dublin to maintain the portion of the Iron Horse Trail from the north County Line to its junction with the Alamo Canal Trail. EBRPD intends to maintain the sections of the regiona} trail built by Shea Properties and Alameda County. A subhcense agreement between Dublin and EBRPD will be required to convey maintenance responsibilities to the Park District for these segments on County lands. EBRPD has requested that the City first enter into an agreement with the County and then have the City convey a sublicense agreement to EBRPD. The license agreement (Attachment 2) between Alameda County and the City of Dublin will give the City a license over the fifty-foot wide property of the County for maintenance, repair, reconstruction, removal and use of the Iron Horse Trail; and allows assignment of the rights of the license to EBRPD. Moreover, the license agreement acknowledges that Dublin has existing plans to extend Scarlett Drive from Dublin Boulevard to Dougherty Road and that the Scarlett Drive Extension project will have impacts on the trail. The agreement also states that Alameda County and Dublin will work cooperatively to accommodate the Scarlett Drive Extension project, the kon Horse Trail and the County's primary use of the property. Since the City intends to install landscaping and plant wildflowers along the Iron Horse Trail, it is necessary to acquire a license over the fifty-foot wide property. The City will convey the maintenance of the 20-foot wide area of the Iron Horse Trail to EBRPD and maintain the additional 30 feet all along the limit of the County property. The maintenance of this 30-foot wide corridor includes disking and mowing of the slopes' with wildflower plantings and routine maintenance such as litter pickup. This is estimated to cost approximately $1,000 to $2,000 per year. Staffrecommends that the City Council adopt the resolution approving the License Agreement between Alameda County and the City of Dublin to maintain the portion of the Iron Horse Trail on property owned by Alameda County. It is further recommended that the Council direct Staffto prepare a sublicense agreement with EBRPD for Council approval that will delegate maintenance of the Iron Horse Trail to the EBRPD. RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF LICENSE AG~EMENT BETWEEN THE CITY OF DUBLIN ~D ' ~AMEDA COUNTY TO MAINTAIN THE PORTION OF THE IRON HO~E T~L ON PROPERTY OWNED BY ~EDA COUNTY WHE~AS, Al~eda Co~ has constructed the se~ent of the kon Horse Tr~l ~om Dou~eay Road to the East Dubli~leasanton B~T Station in cooperation with ~e City of Dublin ~d East Bay Re~onal Park Dis~ct ~B~D); ~d WHE~AS, Shea Prope~ies has built ~e section of the kon Horse Trail no~hwest of Dou~e~y Road on l~d omed by Alameda County, in conj~ction with the development of the P~k Siena Ap~ent complex; ~d WHE~AS, EB~D intends to maintain and operate the sections of the kon Horse Trail built by Shea Prope~ies and Almeda Co~ty; and WHE~AS, EB~D has requested that Dublin first enter into an a~eement with Alameda Co~ty and then convey a sublicense a~eement to EB~D; ~d ~E~AS, the license a~eement be~een Alameda County and Dublin will give the CiW a license over the fifty-foot wide prope~y of ~e Co~ty for maintenance of the kon Horse Tr~l ~d allows assi~ent of the rights of the license to the EB~D. NOW, THE~FO~, BE IT ~SOLVED by the Co~cil of the City of Dublin that the City of Dublin, by adopting this resolution, hereby approves the License A~eement be~een Alameda County and the City of Dublin to maintain the potion of the kon Horse Trail on prope~y owned by Alameda County. BE IT FURTHER ~SOLVED that the Co~cil authorizes the Mayor to execute the License A~eement. PASSED, ~PROVED A~ ~OPTED ~is 3rd day of December, 2002. ' AYES: NOES: ~SENT: ~STA~: Mayor ATTEST: City Clerk ~:a~endmisc~eso Aocroval ACT~ Master A~eement.doc COUNTY OF ALAMEDA [Dublin-Pleasanton Transportation Corridor (Por.)] and CITY OF DUBLIN (Iron Horse Regional Trail) LICENSE AGREEMENT Real Property (Unimproved) THIS LICENSE AGREEMENT made and entered into this day of ,2002, by and between the COUNTY OF ALAMEDA, a political subdivision of the State of California, hereinafter called LICENSOR, and the CITY OF DUBLIN, a municipal corporation,' hereinafter referred to as LICENSEE , WITNESSETH: That LICENSOR, for a good and valuable consideration but no further fee or charge, and in further consideration of the faithful performance and observance by LICENSEE of all of the terms and conditions herein contained, does hereby give to LICENSEE a license over "the Property" as defined below, for the maintenance, repair, reconstruction, removal and use of a public trail for the passage of pedestrians, equestrians and bicycles and other non-motorized vehicles only, together with the necessary appurtenances thereto. The License above-mentioned is granted by LICENSOR and accepted by LICENSEE upon the following terms and conditions and LICENSEE does hereby agree with LICENSOR as follows: PM/TC/Agrmt/C-Dublin/7-02 1. DEFINITIONS: As used in this License, "the Property" shall refer to that portion of the former Southern Pacific Transportation Company right of way in the City of Dublin, located between the north side of Interstate Freeway Route 1-580 and 1525' feet north of Dougherty Road, more particularly shown cross-hatched and outlined in red on Exhibit "A", attached hereto and made a part hereof including but not limited to, those existing improvements installed by LICENSOR between the north side of 1-580 Freeway and Dougherty Road and Shea Properties as part of the development of that certain .multi-family development known as Park Sierra Apartments 1 and 2 (Parcel Map 7157) in the' City of Dublin between Dougherty Road and 1525± feet north thereof. As used in this License, 'the Trail" shall refer to a 30-foot wide area within "the Property" which may include, subject to LICENSOR's approval and inspection, an existing asphalt concrete path, shoulder, equestrian trail, fencing bollards, signage, drinking fountain(s) and other appropriate trail improvements and which are subject to additions thereto as hereinafter set forth in this agreement. 2. TITIJE OF LICENSOR: LICENSEE hereby acknowledges the title of LICENSOR in and to ':the Property" and agrees never to assail or to resist said title. LICENSEE agrees that it has not acquired nor will it hereafter acquire any fights or interest in "the Property", nor does LICENSEE have nor will it obtain any fight or claim to the use of''the Property" l~eyond those specifically granted in this License. Notwithstanding the foregoing, LICENSOR acknowledges that LICENSEE may in the furore acquire rights to a portion of "the Property" for the LICENSEE's Scarlett Drive Extension Project, and that the parties intend to cooperate on said project as set forth in Clause 12. 3. TERM: Unless suspended or partially revoked as hereinafter set forth, this License to construct, operate and maintain a Trail to be used by the general public shall terminate twenty-five (25) years from the date hereof. By mutual written consent of the parties hereto, it may be extended for an additional terms of ten (10) years each thereafter. 4. PRIMARY USE OF PROPERTY: a. "The Property" consists of a corridor, which LICENSOR or its designees is in the process of developing for transportation, utility-and other related purposes. Underground utilities facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed on or installed in "the Property". Any and all rights granted or implied by this License shall be subordinated to the uses just mentioned, as well as to other uses of "the Property" made or permitted by LICENSOR. 2 PM/TC/Agrmt/C-Dublin/7-02 b. LICENSEE acknowledges that the uses just described constitute the primary uses of "the Property" and that LICENSEE's use of "the Trail" pursuant to this License is secondary and subordinate to said primary uses. LICENSEE shall not, at any time, use or permit the public to use "the Trail" in any manner that will materially interfere with or impair said primary uses of "the Property" including but not limited to LICENSOR's "License for the Construction and Operation of Telecommunications System on Specified County of Alameda Properties" (GST License), entered into in 1996. All rights granted to LICENSEE hereunder are subject to all existing and future rights, right of way, reservations, franchises licenses and easements in "the Property", regardless of who holds the same, including LICENSOR's rights to use "the Trail" for any other purpose and all revenue generated by said uses shall belong to LICENSOR. 5, SUSPENSION OR LIMITATION OF USE: LICENSOR and its permittees shall have'the right to suspend or to limit the use of'~the Trail" by LICENSEE and the general public for a reasonable mount of time for protection of public safety, or for the construction, installation, operation, maintenance or repair of other facilities on or in "the Property". Should such suspension or limitation be necessary, LICENSOR shall provide LICENSEE thirty (30) days prior notice in writing, except in cases of emergency maintenance or repairs. Upon completion of any work by LICENSOR or its permittees within "the vrop rty , LICENSOR shall restore the ground surface as nearly as possible to its pre-existing grade and shall restore any facilities or improvements installed by LICENSEE including, but not limited to, fencing, paving, landscaping, bridges or drainage structures. 6. REVOCATION: In the event the primary uses of "the Property" by LICENSOR or LICENSOR's permittees require some permanent use of a portion or portions of "the Property" which, by nature thereof, precludes LICENSEE's use thereof, LICENSOR may, upon six-months' prior written notice, revoke this License as to the area required for such permanent primary use. LICENSOR shall supply LICENSEE with a map. or drawing identifying the area(s) as to which this License is so revoked. Prior to and during the six-month revocation period LICENSOR agrees to actively work with LICENSEE to develop alternatives that, if possible, will accommodate both LICENSOR's primary use and LICENSEE's trail. In the event of such revocation, LICENSOR will make every reasonable effort to provide an alternate trail route upon "the Property". 7. MAINTENANCE AND LITTER: During the term of this License, LICENSEE shall maintain consistent with LICENSEE's standards "the Property", including "the Trail" and "the Trail" surface, in a clean, safe and presentable condition, free from waste, litter, and other items incidental to trail use and left by parties other than LICENSOR and its permittees. As used in this section, the term "litter" 3 PM/TC/Agrmt/C-Dublin/7 -02 shall include, but not be limited to, paper, garbage, refuse, dead animals, trimming and other items that detract from the neat and tidy appearance of "the Property". If LICENSEE fails to so maintain "the Property", then after (30) days' prior written notice specifying the needed work, LICENSOR may perform or hire the necessary work at the reasonable expense of LICENSEE, which expense LICENSOR agrees to pay to LICENSOR upon demand. 8. INDEMNIFICATION: a) LICENSEE shall indemnify, defend, protect, and hold LICENSOR harmless from and against all claims by reason of any injury to or death of any person and damage to any property, of any kind whatsoever arising out of, resulting from, or in any way related to the acts or omissions of LICENSEE, its City Council, officers or employees (other than LICENSOR and its invitees). b) LICENSOR shall indemnify, defend protect, and hold LICENSEE harmless i~om and against all claims by reason of any injury to or death of any person and damage toany property, of any kind whatsoever arising out of, resulting from, or in any way related to the acts or omissions of LICENSOR, its Board of Supervisors, officers or employees (other than LICENSEE and its invitees). 9. INSURANCE REQUIREMENTS: LICENSEE shall take out and maintain during the life of this License all the ~nsurance required by this section and shall submit certificate for review and approval by LICENSOR. No construction on or use of "the Trail" shall commence until such insurance has been approved by LICENSOR. The certificates shall be on forms provided by LICENSOR or the insurance cartier. Acceptance of the certificates shall not relieve LICENSEE of any of the insurance requirements, nor decrease the liability of LICENSEE of any of the insurance requirementsl nor decrease the liability of LICENSEE. LICENSOR reserves the right to require LICENSEE to provide insurance policies for review by LICENSOR. a) Worker's Compensation Insurance. LICENSEE shall take out and maintain Worker's Compensation and Employer's Liability Insurance for all of its employees on "the Trail". LICENSEE shall require any contractor that it hires or subcontractor performing work on "the Trail" to provide it with evidence of Worker's Compensation and Employer's Liability Insurance, all in strict compliance with California State laws. b) Public Liability Insurance. LICENSEE shall take out and maintain, during the term of this License or any extension thereof, Comprehensive Automobile and General Liability Insurance that provides protection 'from claims, which may arise from operations or performance under this License. LICENSEE shall require any contractor that it hires or subcontractor performing work on "the Trail" to provide evidence of the same liability insurance coverage. The amounts of insurance shall be not less than the following: Single limit coverage applying to Bodily and Personal Injury Liability and Property Damage: $1,000,000 per occurrence. 4 PM/TC/Agrmt/C-Dublin/7 -02 c) Endorsements. The following endorsements must be indicated on the certificate. (1) Alameda County, its board, officers and employees are additional insureds under the policy as to the work and operations being performed under this License; (2) The coverage is primary and no other insurance carrier by LICENSOR will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The policy limits of liability are provided on an occurrence basis; (5) The policy covers broad form property damage liability; '(6) The policy covers personal injury as well as bodily injury liability; (7) The policy covers explosions, collapse and underground hazards; (8) The policy covers products and completed operations; (9) The policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty (30) days written notice is given to LICENSOR. d) Failure of Coverage. Failure, inability or refusal of LICENSEE to take out and maintain during the entire term of this License any and all of the insurance as aforesaid shall at the option of LICENSOR constitute a breach of this License and justify immediate termination of the same. e) Self-Insurance. LICENSEE has the right and option to self-insure the requirements under this section upon written notice to LICENSOR that LICENSEE assumes the obligations in the place and stead of any insurance carrier, any reference to failure to coverage notwithstanding. In the event that LICENSEE elects to self-insure, LICENSEE shall provide to LICENSOR a certificate or other evidence of self-insurance acceptable to LICENSOR. 10. CONSTRUCTION OF TRAIL: LICENSOR and LICENSEE acknowledge and agree that "the Trail" has been constructed by · LICENSOR and its designee, Shea Properties, at LICENSOR's and Shea Properties' sole cost and expense within "the Property". LICENSEE acknowledges and agrees that construction of "the Trail" has been done to the standards of LICENSEE and LICENSEE agrees to accept "the Trail" as so constructed. 5 PM/TC/Agrmt/C-Dublin/7-02 11. APPROVAL AND INSPECTION OF WORK: a) LICENSEE shall not perform any construction, reconstruction, remodeling, repair, removal or other work within "the Property" without first obtaining LICENSOR's approval in writing of said work. In seeking LICENSORzs approval, LICENSEE shall furnish to LICENSOR a complete description and a drawing or sketch of the work proposed to be performed. In performing the work approved by LICENSOR, LICENSEE shall comply with ali terms, conditions and requirements imposed by-LICENSOR and shall not deviate in any material manner from the description and drawing or sketch approved by LICENSOR, without first obtaining additional approval in writing from LICENSOR. b) Notwithstanding the foregoing, LICENSEE shall not be required to obtain LICENSOR's prior written approvai for the performance of routine maintenance or emergency repairs. · ce" As used in this section, the term "routine mmntenan refers to work that does not alter the original condition of improvements previously constructed by LICENSOR and its designee, which work is required to prevent deterioration of said improvements. As used in this section, the term "emergency repairs" refers to repairs that do not alter the original condition of the existing improvements, which repairs are necessary to protect the safety of'the public and others. c) All work performed by LICENSEE under this section shall be subject to inspection by LICENSOR at no expense to LICENSEE. 12. SCARLETT DRIVE EXTENSION: LICENSOR and LICENSEE acknowledge that LICENSEE has existing plans to extend Scarlett Drive from Dublin Boulevard to Dougherty Road and that the Scarlett Drive Extension Project will have impacts on "the Trail." LICENSOR and LICENSEE agree that LICENSEE may realign "the Trail" in such manner, as it is necessary to accommodate the Scarlett Drive Extension Project, subject to LICENSOR's right to approve such work, pursuant to Section 11. LICENSOR and LICENSEE agree to work cooperatively to accommodate the Scarlett Drive Extension Project, "the Trail", and the LICENSOR's primary use of "the Property." By such agreement to the Scarlett Drive Extension LICENSOR does not waive any rights to be compensated for the portion of "the Property" required for the Extension Project. 13. ASSIGNMENT: No fights of LICENSEE hereunder shall be transferred or assigned except for an assignment exclusively to. the East Bay Regional Park District without the written consent of LICENSOR. In the event of an assignment, this License and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 6 PM/TC/Agrmt/C-Dublin/7-02 14. ABANDONMENT BY LICENSEE: If LICENSEE shall, for a period of at least 120 consecutive days, fail to use or maintain "the Trail" or any portion thereof, then all rights of LICENSEE in and to such portions not used or maintained shall immediately terminate, at LICENSOR's sole discretion. 1'5. RESTRICTED USE: The fights granted hereunder are for recreational trail use, including, but not limited to, pedestrian, equestrian and bicycle use and no type of motor-driven vehicle shall be permitted on "the Trail", except those of LICENSEE, LICENSOR or the permittees of each who are utilizing "the Property" for construction, maintenance, repair, patrol or public safety purposes. LICENSEE shall install Such barricades as are necessary to prevent unauthorized access by motor-driven vehicles and shall post signs at points of entry to "the Trail" that such vehicles are prohibited. 16. PATROL: LICENSEE shall provide such patrol service consistent with LICENSEE's standards as is necessary to prevent unauthorized use of "the Trail" and to protect the safetY of the users or "the Trail". Its failure to do so shall constitute a breach of this License and justify immediate termination of the same. If LICENSEE installs lock(s) on any gate(s) or barrier(s), LICENSEE shall provide LICENSOR a key to said lock(s) within three (3) days of said installation. 17. SIGNS: LICENSEE shall install and maintain appropriate information and warning signs. LICENSEE shall not-be responsible for any existing signs. LICENSEE shall also install signs designating permitted Trail uses by the general public, regulations governing such uses and specifically prohibiting operation of unauthorized motor vehicles. 18. WEED ABATEMENT: As a consideration for this license, LICENSEE agrees to keep "the Property"' free from weeds and other vegetation in accordance with local fire district requirements and shall not Call upon LICENSOR to perform any such work unless specific reimbursement arrangements are mutually agreed upon. It is the LICENSEE's' intent to plant wildflowers and/or landscaping along side "the Trail." LICENSOR agrees to allow LICENSEE to plant wildflowers/landscaping provided it is maintained in accordance with local fire district requirements regarding weed abatement. 7 PM/TC/AgrmffC-Dublin/7-02 19. DRAINAGE: LICENSEE agrees to maintain, at its expense, drainage facilities necessary for Trail operations excepting any drainage crossings owned and operated by Alameda County Flood Control and Water Conservation District - Zone 7. 20. FENCING: LICENSEE agrees to maintain, at its expense, all fencing and barricades on "the Property" installed by LICENSOR or LICENSEE. LICENSEE shall not be responsible for the maintenance of residential fencing installed by parties other that LICENSOR and LICENSEE. 21. BRIDGE STRUCTURE: LICENSEE shall, at its own expense, provide structural and aesthetic maintenance to all bridges used as part of "the Trail". LICENSEE shall only provide structural and aesthetic maintenance for the bridge(s) if damaged caused by trail use and to the extent necessary for LICENSEE to operate the bridge as part of a trail system. 22. VANDALISM: LICENSEE shall, at its own expense, promptly repair all damage caused by users of "the Trail", including LICENSEE's Trail improvements, damages to "the Property", and to existing and future utilities. 23. GRAFFITI: LICENSEE shall, at its own expense, consistent with LICENSEE's standards, promptly clean, repaint or remove any graffiti placed by users of "the Trail" on Trail improvements, "the Property", and adjoining LICENSOR's improvements to "the Property" including, existing and future utilities and fences, walls and buildings. 24. ENCROACHMENT PERMITS, EASEMENTS AND LICENSES: LICENSOR shall have the sole fight to grant encroachment permits, rights of entry along with easement rights and licenses to others for any purposes within "the Property" deemed consistent with LICENSOR'S purpose of holding said .property for the aforementioned present and future uses (including those related to the GST license) at LICENSOR's sole discretiOn. Notification of encroachment permits granted easements and licenses and plans under consideration fOr appr°ved by LICENSOR will be forwarded to LICENSEE for LICENSEE's review and comment with regard to the impact of the proposed, if any, on "the Trail." Any work by a permittee of LICENSOR which may require access on or across "the Trail", or may affect "the Trail", such as requiring temporary closure of "the Trail", 8 PM/TC/Agrmt/C-Dublin/7 -02 LICENSOR shall not issue said permits, fight of entry, easement rights or license until such time LICENSOR has received written comment(s) from LICENSEE to enable LICENSEE's public access and safety concerns to be addressed. Said written comments shall be provided in a timely manner and not unreasonably withheld and such comments shall not bar action by LICENSOR. LICENSOR shall consult with LICENSEE on safety requirements for installation of utilities and if LICENSEE has not responded within 15 working days, then it is presumed LICENSEE is in concurrence. 25. MODIFICATION: This License shall be subject to modification or amendment, including the expansion of "the Trail" to additional areas, only by the written, mutual consent of both parties. 26. ENTIRE AGREEMENT: It is understood that this document contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding the rights hereby granted are Superseded by this License and are hereby abrogated and nullified. 9 PM/TC/Agrmt/C-Dublin/7-02 w IN WITNESS WI-IEREOF, the parties, hereto, thereunto duly authorized, have executed this Agreement the day and year first above written. LICENSOR LICENSEE COUNTY OF ALAMEDA CITY OF DUBLIN By: By: Scott Haggerty, President Mayor, City of Dublin Board of Supervisors of Alameda County Approved as to form: Approved as'to form: Richard E. Winnie City Attorney County Counsel By By Deputy County Counsel I hereby certify under penalty of perjury that the President of the board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on and that copy has been delivered to the President as provided by Government Code Section 25103. Attest: for Crystal K. Hishida, Clerk Board of Supervisors, County of Alameda, State of California 10 PM/TC/Agrmt/C-Dublin/7-02 LOCATION MAP '.: :... .. ~;',,. . · ~,.. : · . '..:~ ,.-...- :., , ,.,~'.,','.',~:.,' ...'.:. ,.......'.,' .~ ~;. ..~, .-. .... .., . .~;- ¢ ,-..;.. ,.: ,.. . ., (.-..";... .: ..,-..'.~?~,:...,::.., ~ ?.',' '....... ,..' ..'.-:;....., ,,~ :'., :~'~ . ': . .~, '-....: ~...,, . · . . . h..,.: ' '. ,:., ,-, . .,: .. . :.:. ~ - · ~.: .: . ,',.... ::,,: :...;;' . .~...,... - .:...:, ., .~ ~;-~ ;.,;',.'.,,.','",.' .-.' .- -.: ~}...~..: . 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