HomeMy Public PortalAbout1998 State Revolving Fund Amendment 1 Agreement No CS12085002P.tifLawton Chiles
Governor
Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee Florida 32399 2400
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr C Samuel Kissmger Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne Honda 33149
Re CS12085002P — Village of Key Biscayne
Collection Facilities
(Eliminate Septic Tanks)
SEP 1 7 1998
Virginia B Wetherell
Secretary
Dear Mr Kissmger
We are pleased to provide the Village of Key Biscayne with the enclosed Amendment 1 to
your loan The amendment defers payment activities because the Village is expected to qualify for
additional financmg to construct the facilities designed under the loan agreement The amendment
is now m effect
We congratulate you and your staff on your efforts and are pleased that we can continue
workmg with you on this project
VBW/lk
Enclosure
Sincerely
./Virginia Wetherell
Secretary
cc Tom Zanms — Key Biscayne
Mike Bechtold — DEP/West Palm Beach
Protect, Conserve and Manage Florida s Environment and Natural Resources
Punted o cycled pap
fl
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT CS12085002P
VILLAGE OF KEY BISCAYNE
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (Department) and the VILLAGE OF KEY BISCAYNE FLORIDA existing as a local
government agency (Local Government) under the laws of the State of Florida
WITNESSED'
WHEREAS the Department and the Local Government entered into a State Revolving Fund Loan
Agreement Number CS12085002P and
WHEREAS rescheduling Loan repayment activities is appropriate since the Local Government is
expected to qualify for additional financmg to construct the facilities designed under this Agreement
NOW THEREFORE the parties hereto agree as follows
1 Establishment of the monthly escrow account and annual certifications scheduled under Subsections
4 01 (11) and (12) of the Agreement are rescheduled as follows
(1) Establish the monthly escrow account and begin Monthly Loan Deposits no later than
October 15 1999
(2) Provide certifications under Subsection 2 0104) begmnmg January 15 2000 and
annually thereafter at the time the annual audit report is submitted under
Subsection 2 01(11)
2 Unless repayment is further deferred by amendment of the Agreement Semiannual Loan Payments
as set forth in Subsection 8 04(2) shall be received by the Department begmnmg on or before
April 15 2000 and semiannually thereafter on or before October 15 and April 15 of each year until
all amounts due under the Agreement have been fully paid
3 All other terms and provisions of the Loan Agreement shall remam in effect
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1
This Amendment 1 to Loan Agreement CS12085002P shall be executed m three or more counterparts
any of which shall be regarded as an ongmal and all of which constitute but one and the same
instrument
IN WITNESS WHEREOF the Department has caused this amendment to the Loan Agreement to be
executed on its behalf by the Secretary of the Department and the Local Government has caused this
amendment to be executed on its behalf by its Authorized Representative and by its affixed seal The
effective date of this amendment shall be as set forth below by the Secretary of the Department
for
VILLAGE OF KEY BISCAYNE FLORIDA
Mayor
Attest Approved as to Form and Legality
4/1.YA/6671
Village Clerk Village Attorney
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
L.D, , !SEP 0 9 1998
Secretary Date
2
VILLAGE OF KEY BISCAYNE
Office of the Village Clerk
Village Council
John F Festa Mayor
Mortimer Fried Vice Mayor
Martha Fdez Lean Broucek
GregoryC Han
Hugh T 0 Redly
Michele Padovan
Betty Srme
Village Clerk
Conchua H Alvare
CERTIFICATION
STA I E OF FLORIDA
COUNTY OF MIAMI DADE
I Conchita H Alvarez duly appointed Village Clerk of the Village of Key Biscayne Florida do
hereby certify that the attached is a true and correct copy of
Resolution 98 47 adopted by the Village Council on August 25 1998
IN WITNESS WHEREOF I hereunto set my hand and affix the Seal of the Village of Key Biscayne
Florida this 25th day of August 1998
Aa et
to H Alvarez
Clerk
of Key Biscayne Honda
R ECH V ED
SEP 4
Cat Di tNIMErea VT senor
Emma st Mem rwttRs gmth"'g
85 West McIntyre Street Key Biscayne Honda 33149 (305) 365 5506 Fax (305) 365 8936 Internet http //vkb key biscaynelLus
SESSION STATEMENT TO PROVIDE A SAFE, QUOIT? COMMUNITY ENVIRONMENT FOR All. ISLANDERS THROUGH RESPONSIBLE GOVERNMENT
RESOLUTION NO 98 47
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
THE ATTACHED AMENDMENT #1 TO THE STATE
REVOLVING FUND LOAN AGREEMENT CS12085002P,
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS Village Ordinance No 96 6 passed and adopted June 25 1996 authorized the
execution of the Loan Application for the State Revolving Fund to finance a Village Sewer
Collection and Transmission System and
WHEREAS the State Revolving Fund Loan Agreement was executed by the Village and the
State of Florida on June 26 1996 and
WHEREAS the State of Florida Department of Environmental Protection Bureau of Water
Facilities Funding has requested that the Village execute proposed Amendment #1 to defer
repayment activities because the Village is expected to qualify for additional financing to construct
the facihties designed under the State Revolving Fund Loan Agreement as outlined in the attached
letter dated August 6 1998
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS
Section 1 The Mayor is hereby authorized to execute the attached Amendment #1 to the
State Revolvmg Fund Loan Agreement and any additional documents associated with the
aforementioned Loan Agreement
Section 2 This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 25th day of August, 1998
F FESTA
1;fr,'
NCHITA H ALVAREZ VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICih Qa1 p
RICHARD J WEISS VILLAGE ATTORNEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
TWIN TOWERS OrFICE BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE FLORIDA 32399 2400
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr C Samuel Kissinger Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne Flonda 33149
Re CS 12085002P — Village of Key Biscayne
Collection Facihties
(Eliminate Septic Tanks)
Dear Mr Kissinger
SEP 1 7 1998
We are pleased to provide the Village of Key Biscayne with the enclosed Amendment 1 to
your loan The amendment defers payment activities because the Village is expected to quahfy for
additional financing to construct the facilities designed under the loan agreement The amendment
is now m effect
We congratulate you and your staff on your efforts and are pleased that we can continue
working with you on this project.
Sincerely
/S/
Virginia B Wetherell
Secretary
VBWJ1k
Enclosure
cc Tom Zannis — Key Biscayne
Mike Bechtold — DEP/West Palm Beach
Vllag Counal
John F Fest Mayor
Mort m Fried, Vice Mayor
M tha Fdez Lean B neck
Gregory C Han
Hugh T 0 Reilly
Mich I Padovan
B tty S me
Villag Manager
C 5 muel IG s nger
Mr Don W Berrylull, P E Chief
Bureau of Water Facilities Funding
Department of Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Mall Station 3505
Tallahassee Flonda 32399 2400
Office of the Village Manager
August 26 1998
RE CS12085002P - Village of Key Biscayne Collection Facilities
(Ehmmate Septic Tanks)
Dear Mr Berrylnll
Per your letter enclosed please find three certified copies of Resolution No 98 47 adopted
August 25 1998 and three copies of the executed State Revolving Fund Amendment 1 To Loan
Agreement CS 12085002P Please return a fully executed copy for our records
Should you have questions or concerns please contact me at my Office
Voery truly yours
C Samuel Kiss
Village Manage
CSK/jdd
Enclosures
er
85 West Mclntyre Street Key Biscayne, Florida 33149 (305) 365 5514 Fax (305) 365 8936
MISSION STATEMENT "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT
Office of the Village Clerk
Village Conn 1
John F Festa, Mayor
Mort mer Fried Vie Mayor
Martha Fdez Leda Broucek
Gregory C Han
Hugh T O Reilly
Michele Padovan
Betty Sime
V liege Clerk
Conch t H Alvarez
CERTIFICATION
STATE OF FLORIDA
COUNTY OF MIAMI DADE
I Conchita H Alvarez duly appointed Village Clerk of the Village of Key Biscayne Florida do
hereby certify that the attached is a true and correct copy of
Resolution 98 47 adopted by the Village Council on August 25 1998
IN WITNESS WHEREOF I hereunto set my hand and affix the Seal of the Village of Key Biscayne
Flonda this 25th day of August 1998
h re AS/See
H Alvarez
lerk
f Key Biscayne Florida
85 West McIntyre Street Key Biscayne Flonda 33149 (305) 365-5506 Fax (305) 365 8936 Internet http //vkb key biscayne Il its
MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT
RESOLUTION NO 98-47
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
THE ATTACHED AMENDMENT #1 TO THE STATE
REVOLVING FUND LOAN AGREEMENT CS12085002P,
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS Village Ordinance No 96 6 passed and adopted June 25 1996 authonzed the
execution of the Loan Application for the State Revolving Fund to finance a Village Sewer
Collection and Transmission System and
WHEREAS the State Revolving Fund Loan Agreement was executed by the Village and the
State of Florida on June 26 1996 and
WHEREAS the State of Florida Department of Environmental Protection Bureau of Water
Facilities Fundmg has requested that the Village execute proposed Amendment #1 to defer
repayment activities because the Village is expected to qualify for additional financing to construct
the facilities designed under the State Revolving Fund Loan Agreement as outlined in the attached
letter dated August 6 1998
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS
Section 1 The Mayor is hereby authonzed to execute the attached Amendment #1 to the
State Revolving Fund Loan Agreement and any additional documents associated with the
aforementioned Loan Agreement
Section 2 This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 25th day of August 1998
F FESTA
ALVAREZ VILLAGE CLERK
APPROVED AS TO FORM NNA-DvLEGAL SUFFICIE +L OIdIp
MA
RICHARD J WEISS VILLAGE ATTORNEY
WEISS SEROTA DELFM.AN
PASTORIZA & GUEDES, P A.
2665 South Bgyshore Drive
State 424
Miami, Flonda 33133
Telephone (305) 854-0800
Tblscoplor (34'q 244-1121
CONFIDENTIAL
TO Mr C Samuel Kissinger Fax 365-8936
Village Manager, Village of Key Btscayne
COMMENTS
The wfonneSou =tamed m thss transmission is arormey privileged and comfldendal It is wended only for the are of the
individual or entity named above Mae test of dos message is not the intended recipient, you are hereby notified that any
dissemination disutl upon or copy of this commimcation is wily prohiiced If you have received this wouramicanon m
error please notify us Inman* by telephone collect and return the original message ro us at the above address via the U
S Postal Service We will reimburse you for postage. Thaob you.
FILE NO 103001
DATE August 18, 1998
NUMBER OF PAGES INCLUDING COVER SHEET 4
MEI& Nth* V U5 IMMVIEUTATBLT HT NOT IWCDIiTJD PIWPBBLY
Flom the desk of
Carmine M Barbtc
Secretary to David M. Wolpm
T
'd VIOu3S SSI3m CZCt tSB SOC Ili 90 Bi tU B//Bi/80
AUG-19-5998 25 2t
Department of
Environmental Protection
Twin Tawwa OMc: LAME
2600 Salt Stone MMd
T■iahataaa Flor,da 323994400
August 6, 998
Mr C. Village of Biscayne
v met
SS West McIntyre Street
KAY Bt 7n., Mond* 33149
Re Tito: — Village of Key I3trcayne
C Paelhnea
(Eh ■ts Septic Tanks)
Dent Mr
Enclosed
agreement
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three critical copies of proposed Amendment 1 to your its Revolving Pond loan
The amendment defers repayment activities because the ut expected to
fnaccmg to construct the faeihties designed the loan agreement.
Its bean dtscwxd with your Amerce Detector Teen
Please ba the des:pitted officials sign the enclosed thus copies on page 2 The Clerk's seal
is requ Return all three copies to us within three weeks et 2600 Stone Road, Mail
Station 35 , Tella ae, Honda, 323942400 We will arrange for Wetherell to sign
the and marl a Sealy executed copy to you
If you any questions, please all Cesare Room at 859!488-8163
Smcorely
meat
DWBiIk
Enclosures 1
cc Tow *sus — Key Biscayne
s4etan Crown end Mmwge FIo.,d s Eniwonment and Natural Resources"
Prated en fecycidPSPer
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STATE REVOLVING FUND
ANIZIMMENT 1 TO LOAM ACRE MYNT sic
VILLAGE OF KEY 11:LSCAYNE
�N(a executed bead t STATE OF FLORIDA DEPARTMENT
Pl2C)'i'EC"3 ON (llbp�alr�) naC the vur�os; or tmr 11ttX1,4Y2FB, Ft4
agency (Local Government) under the laws ofthe State ofPtod
WIINESSE7H
WHEREAS, the Department and the Local Government caned into a State
NumberCSl2otS002P and
(%R4002P
OP ENVTRQNMENTAL
'Iypggk rv.orw8 •o a rural
Revolving Fend Loan
raachedubtet Lout repayment activities is appropriate since Local Government Is
expected qualify for additional finsactng to construct the facilities under this Agreement
NOW RE, the patties hereto agree as follows
1 Eatab of the monthly escrow account and annual oerttfreatioos scheduled tinder Subsections
4 01 (1 sod (12) of the Agreement Ire rescbcAtled as follows
the monthly escrow account and begin Monthly inn Deposits no Is than
999
(2) ode certifications mules Subsection 2.01(14) beginning Ianwy I5 2000 and
aria tba idler at the trine the annual audit report is sulanutted under
201(11).
I
ent is further defamed by amsndmsrtt of the Agreement, $ammannal Loan Payments
eht.uon g 04(2) shall be mewed by the D.p'tn'ent begmumx on or before
1 2000 and semiannually thersatlar on or before October 15 and Apnl 15 of each year until
gnats duo under the Agreement 1 hit" fang per&
terms and provisions of the Loan Aereeneat dolt remain nt effect.
REMAINDER OF PAGE INTENTIONALLY LEST ;LANK.
C0021
N9►t31311 '8 MESS SSI3a CZCZ 498 SOC x63 LO st 311.1. se/sitso
P44
CA.c-151-199e as 22
Th1c Altlinkman 1 to Cross Agaecaroad C912085002P shall by extental ht One or more er tinprparts,
any of whaeh shall be repent as tat wont and all of witch amotrate bat one tad to same
anstaramead
IN lifaitEOF the Department has anted gum amendment to the Loan Agreements be
needed ds Shalt by Se Shy aftha Depanment and the Land Ouppnttunent has cauacd than
aaxeadmspt to be executed at Its behalf by its Adman Representativesaid by Os affixed seal The
of ctwc date of this amendment shall ba as s t fora below by the Secret of the Department
SEAL
A
1
for
VILLAGE OF KEY BISCAYNE. FLORLD,3
Aunt Approved ti to Fonn and Lesalfty
VrltsgeCleric— Virgo Moon
far
STATE OF FLORIDA
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P t e d e c y c l d p a p
STATE REVOLVING FUND
AMENDMENT I TO LOAN AGREEMENT CS12085002P
VILLAGE OF KEY BISCAYNE
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PRO I ECTION (Department) and the VILLAGE OF KEY BISCAYNE FLORIDA existing as a local
government agency (Local Government) under the laws of the State of Florida
WITNESSETH
WHEREAS the Department and the Local Government entered into a State Revolving Fund Loan
Agreement Number CS 12085002P and
WHEREAS rescheduling Loan repayment activities is appropriate since the Local Government is
expected to qualify for additional financing to construct the facilities designed under this Agreement
NOW THEREFORE the parties hereto agree as follows
1 Establishment of the monthly escrow account and annual certifications scheduled under Subsections
4 01 (11) and (12) of the Agreement are rescheduled as follows
(1) Establish the monthly escrow account and begin Monthly Loan Deposits no later than
October 15 1999
(2) Provide certifications under Subsection 2 0104) beginning January 15 2000 and
annually thereafter at the time the annual audit report is submitted under
Subsection 2 01(11)
2 Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan Payments
as set forth in Subsection 8 04(2) shall be received by the Department beginning on or before
April 15 2000 and semiannually thereafter on or before October 15 and April 15 of each year until
all amounts due under the Agreement have been fully paid
3 All other terms and provisions of the Loan Agreement shall remain in effect
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 1 to Loan Agreement CS 12085002P shall be executed m three or more counterparts
any of which shall be regarded as an original and all of which constitute but one and the same
instrument
IN WITNESS WHEREOF the Department has caused this amendment to the Loan Agreement to be
executed on its behalf by the Secretary of the Department and the Local Government has caused this
amendment to be executed on its behalf by its Authorized Representative and by its affixed seal The
effective date of this amendment shall be as set forth below by the Secretary of the Department
for
VILLAGE OF KEY BISCAYNE, FLORIDA
Mayor
Attest / Approved as to Form and Legality
LA -k\
lage Clerk Village Attorney
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary Date
2
FILE No 398 0721 98 09 25 ID ILEANA ROS-LEHTINEN
202 225 5620
PAGE 1
COMMITTEES
INTERNATIONAL RELATIONS
GOVERNMENT REFORM
CHAIR
SUBCOMMITTEE ON
INTERNATIONAL ECONOMIC
POLICY ANO TRADE
VICE CIUJR
SUBCOMMITTEE ON
WESTERN HEMISPHERE
Date
To
Congress of the Imteb'tate%
30ouze et teprezentattbea
ILEANA ROS LEHTINEN
Fax #
Confirmation Phone #
ISTROISTIM/ FLORIDA
Fax Transmittal Cover Sheet
PLEASE RESPOND TO
2240 RATBURN &MIMING
❑ WA N NGTON DC 20616-0918
0021225-2031
FAX (202) 226-6620
0
"" Iytt -St
' R t . wM4L kC iii Ara.
Number of Pages (including this cover page)
From
Arturo Estopi8an
Lourdes Espino-Wydler
Catherine Casnl o
Jessie Torres
intern
Comments
DISTRICT OFFICE
9210 SUNSET DmvF
SUITE 100
MIAMI FL33173
13061276-1800
Fax 13061276-1801
Congresswoman Beans Ros-Lehtmen
Jay 0 Callaghan
Juan Cortalan Garcia
Aorta Maggio
Mauricto Tamargo
F LPUSLtC11 ETTER\AAEWAX WPD
MN ED ON AE YL'LEO PAFER
FILE No 398 07/21 98 09 25 ID ILEANA ROS-LEHTINEN
202 225 5620 PAVE 2
,0.1i01ffila
FLOP
vio
Lamon Chiles
Govei nor
Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee Florida 32399 2400
4/311t/
FLORIDA CATEGORICAL EXCLUSION NOTIFICATION
Virginia B Wetherell
Secretary
Village of Key Biscayne Flonda
CS120850FPS - Village of Key Biscayne Salutary Sewer Collection System study
July 10 1998
Chapter 62-503 Flonda Admuustratave Code (FAC) requires the Flonda Department of
Environmental Protection (FDEP) to determine whether the proposed FDEP action of providing a
State Revolving Fund (Site) loan for construction of collection sewer facilities will have a
significant adverse impact on the environment In making this determination the Department
assumes that all facilities and actions recommended in the planning documents jusufymg these
facilities will be implemented whether or not SRF loan assistance is used to fund any ofthose
facilities or actions
The Village of Key Biscayne is in Dade County Honda and is accessible from the north vaathe
Rrckenbacker Causeway The Village currently has a sewer system in the northwest and south
part of the Village The existing sewer system is operated and maintained by Miami -Dade Water
and Sewer Authonty (MDWASA) The Village does not own a treatment plant Under an
interlacal agreemem the collection system will be leased to the MDWASA for conveyance
treatment and disposal of wastewater The affected residents will be charged directly for
connection, operation and maintenance and/or replacement by MDWASA. The wastewater from
the proposed collection system will be transmitted to the Central Distnct Combined Wastewater
Treatment Plant that has adequate capacity to accept wastewater generated by the proposed
collection system
The project includes construction ofapproximately 45 000 linear feet of 8 inch gravity sewer
7 000 linear feet of force main ranging in diameter from 6 to 24 -inches including appurtenances
abandoning 706 septic tanks and construction of approximately 706 service laterals The
estimated cost of the gravity sewer force main, service laterals in the Village s nght of way and
appurtenances is $6 215 000 Septic tank abandonment and service lateral work outside the
Village s nght of way cannot be funded under the SRF program The October 1997 Sanitary
Sewer Collection System Study for the Village of Key Biscayne" descnbes the proposed project
in detail The project is proposed for funding under an amendment to the Village s existing
preconstructron loan (CS12085002P) The area to be served by sewers is developed and is
Protect C( ost e nnl Mnnn FID d 3 s E i i net r on 1 Nnb ni RCM Iros
P yard on ecycled p per
FILE No 398 O7'21 98 09 26 ID ILEANA ROS-LEHTINEN
202 225 5620 PAGE 3
FLORIDA CATEGORICAL EXCLUSION NOTIFICATION
Village of Key Biscayne
June 16 1998
Page Two
expected to reach build out condition by the end of the planning period The adopted 1995
comprehensive plan for the Village of Key Biscayne requires installation of sanitary sewers by the
year 2006
The Department has determined that the proposed project is not expected to have significant
negative environmental effects and is categorically excluded from further environmental review
under Chapter 62-503 700(3) (a) FAC Unless new information regarding adverse environmental
impacts of the proposed project is made available to the Department SAE loan funding may be
made available for construction This Florida Categorical Notification does not commit any
regulatory agency to issue permit(s) that may be required for construction of the proposed
project
This determination may be rescinded if new information regarding adverse environmental impacts
of the proposed project is made available to the Department In order to be constdered
comments must be submitted within 30 days of the date of this notice to Troy Mullis Bureau of
Water Facilities Funding Department of Environmental Protection 2600 Blair Stone Road,
MS#3505 Tallahassee Honda 32399 2400 Comments also may be offered by telephone at
850/488-8163
The documentation to support this decision will be available for public inspection at 85 West
McIntyre Street Key Biscayne Florida and at the City Centre Building, 227 N Bronough Street
Suite 7100, Tallahassee, Flonda
,--7
iMA
Mimi A Dr
Director
Division of Water Facilities
MD/bhv
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