Development Agreement - 2022 - Cadenza Court Subdivision - 6/14/2022 ADA COUNTY RECORDER Phil McGrane 2022-056290
BOISE IDAHO Pgs=14 LINDSAY WHEELER 06/16/2022 10:12 AM
Recording Requested By and
CITY OF EAGLE, IDAHO NO FEE
When Ro--orded Return to:
City of Eagle
660 E. Civic:Lade
P.O. Box 1520
Eagle, Idaho 83616
------------------------------
For Recording Purposes Do
Not Write Above:This Line
This Development Agreement, Evade and entered into on the datc as indicated herein by and
between the CITY OF EAGLE a trrunieipal corporation in the :state of Idailo("City"), by and through its
RECITALS
WI-RREAA , the Owner is the oxvner of record of cQrtain real esta-< identified as Ada County
parcel \os. I y 427106tih ("Property"), as specifically defined in the: attached legal description (Exhibit
)wi ich is the subject of an anpkation.tbr Rezone identified as Rezone Application No. R7,'-1 t:-21;
WHEREAS, die, proposed development includes properties within an area currently zoned R-4
(Residential), and
WHEREAS, the Owner desires a R-£i-DA (Residential with a development agreement in lieu of
a P D ) zoning ^lassi radon to develop a reside ri ial use on the above described property, which is
herein referred to as and
WTIEkt,AS, tx e Planning and Zoning Commission and the City Counerl. of .Eagle have
determined that the: scope of any residential developmem upon the Property must he lien€ted with the use
of a development agreement to prevent unduo darnalge to, and to otherwise he in harmony -,,vit-E, ffie oxis6nw
confEY unity;and
WHEREAS, the intent of this Development Agreen�ent is to protect the rights of Owner's use grid
enjoyment of the Property whi-k- at the same time limitint any adverse irnpacts of'he development upon
neifirliboring properties and the existing c:ornmunitj and ensuring the Property is developed ire a rnal=r
consistent witli Eagle's Comprehensive Plan and City Code;and
WHEREAS, the Owner has agreed to the use restrictions and oldher limitations sct 'ortli herein upon
"he use and development of the Property and has consented to a R-6-DA 'Residential with a development
agreement [irz lieu of"a PUD]; zoning designation for the Property with the re;luire:neuts set Math in this
Development Agreement and
WHEREAS, the Owner has provided City with an atfida- vit agreeing to submit the Prope ity to a
Development Agreement (Exhibit R; pursuant to Eagle City Cod;, Section and he bii and b
saris:-,and
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Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by and
between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("City"), by and through its
Mayor, and MJV PROPERTIES, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. R7334270660 ("Property"), as specifically defined in the attached legal description (Exhibit
A)which is the subject of an application for Rezone identified as Rezone Application No. RZ-16-21;
WHEREAS, the proposed development includes properties within an area currently zoned R-4
(Residential); and
WHEREAS, the Owner desires a R-6-DA (Residential with a development agreement [in lieu of
a PUD]) zoning classification to develop a residential use on the above described property, which is
herein referred to as the"Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any residential development upon the Property must be limited with the use
of a development agreement to prevent undue damage to, and to otherwise be in hannony with, the existing
community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code;and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-6-DA (Residential with a development
agreement [in lieu of a PUD]) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same;and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein, the parties agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-651 lA and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-6-DA (Residential with a development agreement [in lieu of a PUD]),
after recordation of, and subject to the provisions of this Development Agreement. The ordinance will
become effective after its passage, approval, and publication and the execution and recordation of this
Development Agreement.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 The maximum density for the Property shall be 5.84 dwelling units per acre(8-single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C), the City understands and agrees that certain changes in that concept
may occur. If the City determines, in its sole discretion, that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may
be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, parking areas, private street, and
amenities. The owner shall provide an operation and maintenance manual including the
funding mechanism as an addendum to the CC&Rs and the repair and maintenance
requirement shall run with the land and that the requirement cannot be modified ant that the
homeowners association or other entity cannot be dissolved without the express consent of
the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be
prohibited.
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(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
(d) Similar residential home exterior elevations shall not be used twice within a five (5) home
radius of each other.
3.5 Owner shall be required to construct the residential homes to be similar in architecture as shown on
Exhibit E.
3.6 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential use.
3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the
trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees. No trees
shall be removed from the site prior to city approval of a tree removal plan.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the common areas throughout the development, 3) elevation
plans for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) proposed useable
amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all
proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The design
review application shall be reviewed and approved by the Eagle Design Review Board and City
Council prior to the submittal of a final plat application.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
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Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an
R-4 (Residential) zoning designation until City enacts and records an ordinance changing the
property to the R-4 (Residential)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)
(or other appropriate party) and City.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution,the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection with the
property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Heading. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
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8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
City: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Owner: MJV Properties, LLC
Attn: Mike Groff
I I I I East Pennsylvania Avenue
Boise, ID 83706
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City,City may draw on the deposit to pay its invoice. If the financial assurance deposited
by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when
actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure
from City, City may draw upon the financial assurance provided by the Owner. Thereafter, if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance(whether it be in the form of a cash deposit or a letter of credit),the Owner shall replenish the
financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of
all attorney fees and engineering fees, City shall release to the Owner the unused portion of the cash
deposit or the letter of credit,as applicable. City's draw upon the financial assurance under this Section
shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in
Section 8.7.
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8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect,the City may,without further notice to Owner,exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project,
C. Refuse to accept public ownership and maintenance of public *improvements within the Project
and record a notice of such action with the Ada County Recorder's Office,
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code,
F. Bring an action for damages, injunctive relief,specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly it with each other,
may be enforced simultaneously or separately,at the sole discretion of the City.
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 Effective Date.This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.10 Au hority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein,the parties acknowledge such action
has been duly authorized by all necessary corporate or LTC)action, and necessary corporate or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8.11 Termination.- If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this day o 2022,
f\4
CITY OF EAGLE,,a municipal corporation organized
and existing under the laws of the State of Idaho
By:
son P erce Mayor
%
ATYEST:
C)
Tracy E. orn,City Clerk
1100 %
13age 6 of 8
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STATE OF IDAHO
SS.
County of Ada ) *0
On this day of VNU ,2022, before the undersigned notary public in and for
1*0
the said state, personally appeared JASON PIERCE, known and identified to me to be the Mayor of the
CITY OF EAGLE and the person who executed the foregoing instrument on behalf of said City
and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF1 I have hereunto set my hand and seal the day and year first above
written.
CISENC
Nota6hublic for Idaho
%
Sj 4� ARY Residing at.- fix akw
0 *4*0 V
00 two MY Commission Expires: L49
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40
PU_
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MJV INVESTMENTS,,LLC,an Idaho limited liability
I'E ov
company
oe-
By:
Michael b. Groff, i4il4ing Member
STATE OF IDAHO
ss.
County of Ada
On this day of 2022,before the undersigned notary public in and for
the said state, personally appeared MICHAEL 0. GROFF, known and identified to me to be a Managing
Member of MJV PROPERTIES, LLC, known or identified to me to be the owners of the property
referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
tary)Kblic for Idaho
Residing at: CA'Ayo%n TO
&TM$ORB" ir
Agt��
X-
t~FUKX*$=0FV" My Commission Expires:_,j--n. 7,o2,q
00MM6"NUMM2M1 I
171
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INDEX OF EXHIBITS
A - Legal Description
B - Affidavit of Owner
C - Concept Plan
D - Fencing Plan
E - Building Elevations
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� Exhibit "A"
LR C
2308 N. Cole Rd., Suite G
A SHVIEYiK a MAPPING -COMPANY Boise, IRl��i�tV!?Le FILED
CITY OF EAGLE
S31,'V'
Subdivision Rezone Description — Cadenza Court File:W
A parcel of land, being all of Lot 14, Block 4 of Randall Acres Subdivision No. 15, recorded in
Book 16 of Plats at Pages 1040 through 1041 Records of Ada County, together with the adjacent
half width of public right-of-way, lying within the Northeast Quarter of the Northwest Quarter
of Section 15, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho,
being more particularly described as follows:
COMMENCING at centerline intersection of East Elliot Street and South Parkinson Street,from
which the centerline intersection of South Parkinson Street and East Syringa Street bears North
00°16'28" East, 666.65 feet; Thence North 00°16'28" East, along the centerline of South
Parkinson Street, 611.53 feet to the centerline intersection of the westerly extension of the
northerly boundary of said Lot 14,the POINT OF BEGINNING of the parcel described herein;
Thence along said westerly extension and the northerly boundary of said Lot 14, South
89°45'43" East, 274.96 feet to the northeasterly corner thereof;
Thence along the easterly boundary of said Lot 14, South 00°15'08" West, 240.00 feet to the
southeasterly corner thereof;
Thence along the southerly boundary of said Lot 14, North 89°45'42" West, 275.05 feet to the
centerline of South Parkinson Street;
Thence along said centerline, North 00°16'28" East, 240.00 feet to the POINT OF BEGINNING.
Containing 66,001 square feet or 1.515 acres, more or less, of which 0.137 acres is existing
public right-of-way.
End of Description
/ 12464
s
y �F OF
Prepared By: Aaron Rush, PLS 9R0N P.
1
EXHIBIT"B"
Affidavit of MICHAEL 0. GROFF on behalf of MJV PROPERTIES,LLC
AFFIDAVIT OF LEGAL INTERE ST
STATE OF IDA140
) ss.
County of Ada
MICHAEL 0.GROFF.,who being first duly sworn under oath,deposes and says:
I are. MICHAEL 0. GROFF, who is a Member of MJV Properties, LLC, whose mailing
address is I 111 East Pennsylvania Avenue,Boise, ID 83706("MJV Properties,LLC" .
2. MJV Properties, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A the"Property"').
3. MJV Properties, LLC,authorizes the submission of the Property to certain Development
Agreement dated the Ot day of 2022 pursuant to the provisions set forth in Idaho
Code Section 67-651 IA and Eagle City Code Section 8-10-1, by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Michael 0. Groff, MJV Properties, LLC the
"Agreement").
DATED this 91 day of , 2022.
By: MJV Properties,LLC
fly:
Michael 6. Groff,Mere
SUBSCRIBED AND SWORN to before one this 9 day of 12022.
ry PublicAr I.daho
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CPU BW STA1 OF OAHO at C4,,00%\.
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5,049 SF I S,OSO SF I i 5,049 SF ,
O 5.005 SF
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LAND AREA: 1.38 ACRES(60,112.8 SF)
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TOTAL LOTS: 11
SINGLE-FAMILY LOTS: 8 -' � T [ a.TYPE
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COMMON LOTS: 3 � fl e eENCHES,,,.A co
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DENSITY: 5.8 UNITS/ACRE 940 SF v
PROPOSED ZONING: R-8 _ j Iza OVERNE
__ fE 9TPEET LID
MINIMUM COMMON OPEN SPACE REQUIRED: 20%(12,022.56 SF) 3a OVERHEAD
j 8'.8'CONC.PAD
OPEN SPACE PROVIDED: 21.8%(13,131.66 SF) i. STREET LIGHT I C USTTEER�x I 1
MINIMUM ACTIVE OPEN SPACE: 15%OF COMMON VV��
OPEN SPACE(1,969.75 SF) _ 12 I 11
--� s, 5.049 SF $ I 5,048 SF I:, 5.047 SF --
ACTIVE OPEN SPACE PROVIDED: 42%(5,573.61 SF) _.>(1 +P 0 8.
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LOTS WITH DIRECT ACCESS TO COMMON AREA OPEN SPACE_
ALL LOTS-100%(30%MIN) I I 1 s.oas SF
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RECEIVED& FILED
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RECEIVED & FILED
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A.. 12 2022
BUILDING _
• CRAFTSMAN /CONTEMPORARY STYLES �"��� �f:� ��"'° •. .;� z ,.�;. �-� 4 _
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