HomeMy WebLinkAboutMEXICAN AMERICAN OPP FOUND 2 - 20011. PARTIES
This Lease, dated July 16 ,2001, is made and entered by and between the
l~l~ti~ ~l~,O[l~'~~a non-profit organization ("Landlord") and
the City of Santa Aha, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the state of California ("Tenant"). Both
parties understand and agree that Landlord is lawfully subletting the Premises described
herein, and the Owner of the Premises and Property is fully aware of this Agreement and
will be receiving a copy hereof (see attached Letter dated May 1 ~ 2001 incorporated
herein as Exhibit A).
A-2001-153
OLEASE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND THE MEXICAN ,,.~d,~kilC~. NOT REQUIRED
AMERICAN OPPORTUNITY FOUNDATION WORK MAY PROCEED
CLERK OF COUNCIL
DATE: ~.~
c cO/
2. PREMISES
Landlord does hereby lease to Tenant, and Tenant hereby leases from Landlord that
certain office space ("Premises") indicated on Exhibit B, attached hereto and
incorporated herein, said Premises being agreed, for purpose of this Lease, to have an
area of approximately Three Hundred Twenty-Four (324) square feet, being situated
within that certain building known as 502 South Ross Street in the city of Santa Ana
92701 ("Property").
3. TERM OF LEASE
The term of this Lease shall be for one (1) year, commencing on the first (ls0 day of
June 2001, and ending on the thirtieth (3Oth) day of May 2002. This Lease may be
extended for one additional year, under the same terms and conditions, upon mutual
agreement of the parties, as evidenced by a writing signed by both parties.
4. RENT
Tenant agrees to pay to Landlord as rental, the sum of Three Hundred Twenty-Four
Dollars ($324.00), on or before the ill'th day of the first full calendar month of the term
hereof and like sum on or before the first day of each and every successive calendar
month thereafter during the term hereof. Rent for any period during the rental term
which is less than one (1) month shall be a prorated portion of the monthly installment
herein, based upon a thirty (30) day month.
5. USE
Tenant shall use the Premises for general office purposes, and shall not use or permit the
Premises to be used for any other purpose without the prior written consent of Landlord.
Tenant shall be entitled to access and use of all facilities located on and within the
Property.
Tenant shall not do or permit anything to be done in or about the Premises, nor bring or
keep anything therein which will in any way increase the existing rate of, or affect any
,fire or other insurance u the building or any of its contents. ~nt shall not do or
permit anything to be doffe in or about the Premises which will in any way obstruct or
interfere with the rights of other tenants or occupants of the Property, or injure or annoy
them, or use or allow the Premises to be used for any improper, immoral unlawful, or
objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on, or
about the Premises.
6. COMPLIANCE WITH LAW
Tenant shall not use the Premises, or permit anything to be done in or about the Premises,
which will in any way conflict with any law, statute, ordinance, or governmental rule or
regulation now in force, or which may hereatier be enacted or promulgated. Tenant shall,
at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations, or requirements now in fome or relating to, or affecting
the condition, use, or occupancy of the Premises, excluding structural changes not related
to or affected by Tenant's improvements or acts.
7. REPAIRS
Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof
in good condition and repair, damage thereto from causes beyond the reasonable control
of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or
sooner termination of this Lease, surrender the Premises to the Landlord in good
condition, ordinary wear and tear and damage from causes beyond the reasonable control
of Tenant excepted.
Not withstanding the provisions contained herein, Landlord shall repair and maintain the
structural portions of the Property, including the basic plumbing, air conditioning, heating
and electrical systems, installed or furnished by Landlord, unless such maintenance and
repairs are caused in whole or in part by the act, neglect, fault or omission of any duty by
the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord
the reasonable cost of such maintenance and repairs.
Landlord shall not be in breach of its obligations under this article unless Landlord fails
to make repairs or perform maintenance which Landlord is obligated to perform
hereunder, and such failure persists for an unreasonable time atter written notice of the
need for such repairs or maintenance is given to Landlord by Tenant.
8. ASSIGNMENT AND SUBLETTING
Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage,
pledge, or encumber this lease or any interest therein, and shall not sublet said Premises
or any part thereof, or any right or privilege appurtenant thereto, or allow any other
person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or
use said Premises, or any portion thereof, without the prior written consent of the
Landlord.
9. HOLD HARMLESS
Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and
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.expenses, arising from ~ant's use of the Premises for the condt~f its business, or
from any activity, work, or other thing done, permitted, or suffered by the Tenant in or
about the building, and shall further indemnify and hold harmless Landlord against and
from any and all claims arising from any breach or default in the performance or any
obligation on Tenant's part to be performed under the terms of this lease, or arising fi'om
any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of
Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred
by any such claim or any action or proceeding brought thereon and, in any case, action,
or proceeding brought against Landlord by reason of any such claim.
Landlord or its agents shall not be liable for any damage to property entrusted to
employees of the building, nor for loss or damage to any property by theft or otherwise,
nor for any injury to or damage to persons or property resulting from fire, explosion,
falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the
building or from the pipes, appliances, or plumbing works therein or from the roof of any
structure on the Property, or from any other place resulting from dampness or any other
cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants
or employees for failing to repair such condition(s) within a reasonable time after written
notice of the need for such repair is given to Landlord by Tenant.
Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents
observed by Tenant on the Premises, or on the Property, or of defects therein, or in the
fixtures or equipment.
10. SUBROGATION
As long as their respective insurers so permit, Landlord and Tenant hereby mutually
waive their respective rights of recovery against each other for any loss insured by fire,
extended coverage and other property insurance policies existing for the benefit of the
respective parties. Each party shall obtain any special endorsements, if required by their
insurer to evidence compliance with the aforementioned waiver.
11. SERVICES AND UTILITIES
Landlord agrees to ftmaish to the Premises, on all days that the Property is open to the
public, subject to the rules and regulations of the Property, water and electricity suitable
for the intended use of the Premises, heat, ventilation and air conditioning required for
the comfortable use and occupation of the Premises, including janitorial services. The
Owner of the Property shall also maintain the plumbing, air conditioning and electrical
systems on the Property, as well as the common areas of the Property.
12. RULES AND REGULATIONS
Tenant shall faithfully observe and comply with the rules and regulations that Landlord
shall from time to time promulgate. Landlord reserves the right from time to time to make
all reasonable modifications to said rules. The additions and modifications to those rules
shall be binding upon Tenant upon delivery of a copy of them to Tenant.
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.13. ENTRY BY LANI~RD
Landlord reserves and shall at any and all times have the right to enter the Premises, with
reasonable notice to Tenant, for the purposes of inspection, supplying janitorial service
and any other service to be provided by Landlord to Tenant hereunder, and to alter,
improve, or repair the Premises, providing that the business of the Tenant shall not be
interfered with unreasonably.
14. RECONSTRUCTION
In the event that the Premises or the building of which the Premises are a part are
damaged by fire or other perils covered by extended coverage insurance, Landlord agrees
to forthwith repair the same; and this Lease shall remain in full force and effects, except
that Tenant shall be entitled to a proportionate reduction, to be based upon the extent to
which the making of such repair shall materially interfere with the business carried on by
the Tenant in the Premises.
In the event that the Premises or the building of which the Premises are a part are
damaged as a result of any cause other than the perils covered by fire and extended
coverage insurance, then Landlord shall repair the same, provided the extent of the
destruction be less than ten percent (10%) of the then full replacement cost of the
Premises or the building of which the Premises are a part. In the event the destruction of
the Premises or the building is greater than ten percent (10%) of the full replacement cost,
then Landlord shall have the option: (1) to repair or restore such damage, this Lease
continuing in full force and effect, but the rent to be proportionately reduced as
hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of
the damage, at which time this Lease shall expire and all interests of the Tenant in the
Premises shall terminate on the date so specified in such notice and the rent, reduced by a
proportionate amount based upon the extent, if any, to which such damage materially
interfered with the business carried on by the Tenant in the Premises, shall be paid up to
the date of such termination.
The Tenant shall not be entitled to any compensation or damages from Landlord for loss
of the use of the whole or any part of the Premises, Tenant's personal property, or any
inconvenience or annoyance occasioned by such damage, repair, reconstruction, or
restoration.
15. DEFAULT, REMEDIES.
A. Default. The occurrence of any one or more of the following events shall constitute a
default under this Lease by Tenant:
1. Non-curable defaults:
a) The vacating or abandonment of the Premises by Tenant.
b) Any attempted or involuntary transfer of Tenant's interest in this Lease without
Landlord's prior consent.
c) If Tenant makes, or has made, or furnishes any warranty, representation or statement
to Landlord in connection with the Lease which is or was false or misleading in any
material respect when made or furnished.
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2. Curable defaults:
The failure by Tenant to make any payment of rent or any other payment required to
be made by Tenant hereunder, as and when due, where such failure shall continue for
a period of three (3) days atler written notice thereof by Landlord to Tenant, this
Lease shall be terminable at Owner's option.
b)
The failure by Tenant to observe or perform any of the covenants, conditions, or
provisions of this Lease to be observed or performed by the Tenant, where such
failure shall continue for a period of thirty (30) days after written notice thereof by
Landlord to Tenant; provided; however, that if the nature of Tenant's default is such
that more than thirty (30) days was reasonably required for its cure, then Tenant shall
not be deemed to be in default if Tenant commences such cure within said thirty (30)
day period, and thereafter diligently prosecutes such cure to completion.
B. Remedies.
In the event of any non-curable default or breach by Tenant, Landlord shall have the right
to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall
immediately surrender possession of the Premises to Landlord. If Landlord terminates
this Lease and Tenant's right to possession for the Premises, Landlord may recover the
following from Tenant:
a) The worth at the time of award of the unpaid rent which was due, owing and unpaid
by Tenant to Owner at the time of termination;
b) The worth at the time of the award of the amount by which the unpaid rent for the
balance of the Lease term after the time of award exceeds the amount of rental loss
which Tenant proves could be reasonably avoided;
c) Pursuing any other remedies now or hereafter available to Landlord under the laws or
any judicial decision of the state in which the Premises are located.
16. PARKING
Tenant shall have the right to use the parking facilities of the building in common with
other tenants or occupants of the Property.
17. GENERAL PROVISIONS
Waiver. The waiver by Landlord of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant, or condition on any
subsequent breach of the same or any other term, covenant, or condition herein contained.
The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a
waiver of any preceding breach by Tenant of any term, covenant, or condition of this
lease, other than the failure of the Tenant to pay the particular rental so accepted,
regardless of Landlord's knowledge of such preceding breach at the time of the
acceptance of such rent.
Time. Time is of the essence of this Lease, and each and all of its provisions in which
performance is a factor.
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Successors and Assigns. The covenants and conditions herein contained, subject to the
provisions as to assignment, apply to and bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and
performing all of the covenants, conditions, and provisions on Tenant's part to be
observed and performed hereunder, Tenant shall have quiet possession of the Premises
for the entire term hereof, subject to all the provisions of this Lease.
Prior Agreements. This Lease contains all of the agreements of the parties hereto with
respect to any matter covered or mentioned in this Lease, and no prior agreements or
understanding pertaining to any such matters shall be effective for any purpose; no
provision of this lease may be amended or added to except by an agreement in writing
signed by the parties hereto or their respective successors-in-interest. This Lease shall not
be effective or binding on any party until fully executed by both parties hereto.
Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be
affected or impaired because the Landlord is unable to fulfill any of its obligations
hereunder, or is delayed on doing so, if such inability or delay is caused by reason of
strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the
Landlord.
Severability. Any provision of this lease which shall prove to be invalid, void, or illegal
shall in no way affect, impair, or invalidate any other provision hereof, and such other
provision shall remain in full force and effect.
Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative with all other remedies at law or in equity.
Choice of Law. This Lease shall be governed by the laws of the state of Califomia, with
venue in the courts of Orange County.
18. Notices. All such notices and demands which may or are to be required or permitted
to be given by either party to the other hereunder shall be in writing. All notices and
demands sent by either party shall be sent by United States Postal Service, postage
prepaid, addressed as follows:
To Tenant--
City of Santa Ana - WORK Center
1000 E. Santa Ana Blvd., Ste. 200
Santa Ana, CA 92701
ATTN: Deborah Sanchez
To Landlord--
MAOF
502 S. Ross Street
Santa Aha, CA 92701
ATTN: Martin Castro
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date and year first above written.
ATTEST:
~atricia E. Healy
Cl~rk of the Council
CITY OF SANTA ANA
Miguel A. Pulido ' '~h X
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
APPROVED AS TO CONTENT:
City Manager
RECOMMENDED FOR APPROVAL:
"Tenant"
"Landlord"
J~t~ P. Reekstin, Executive Director
Community Development Agency
Martin Castro, President
Mexican American Opportunity
Foundation
OIgIesta Prit cipe de
502 S. Ross St.
Santa ,ama, CA 92701
. Tel. (714) 667-1040
' Fax (with cover) (714) 835-4398
(Church of the Brethren)
Exhibit A
Pastorcs:
Marlo & Olga Serrano
Tel. (714) 8364778
E-mail mserrano~juno.com
May 1, 2001
Carlos Jimenez, Director
Mexican American Oppommity Foundation
Family Resource Cemer
502 So. Ross, Santa Aha, CA 92701
Dear Carlos:
This is to confirm our wholehearted support for the Establishment of the Santa Arm
WORK Cemer Satellite in space currently being rented by MAOF Family Resource
Center.
We hereby authorize MAOF to lent space to the City of Santa Aha for the purpose of
housing this much needed addition to the army of services MAOF already offers our
community.
It is a pleasure to partner with MAOF and our City to continue to assist our neighborhood
families as they overcome great barriers on the way to self-sufficiency.
IfI can be of any ass)~ance regarding this matter please do not hesitate to contact me.
a o Serrano
'*/~mmcta~do d (~uat~gctto de laPozpor medto de Jesucrtsto" tfccbos 10:~5~3
"Proclomi'og the Good Nc'ms o~ Peace through Jesus Cbrtst" riots 10:50
MEXICAN
AMERICAN OPPORTUNITY FOUNDATION
401 N. Garfield Ave. ', Montebello, CA 90840. (213) 890-9600 FAX (213) 890-9637
MAOF
FAMILY SERVICE & RESOURCE CENTER
502 S. Ross (At Camile). Santa Aha, CA 92701
(714) 835-4199. FAX (714) 835-4398
Exhibit B
July 17, 2000
Deborah Sanchez
Santa Ana WORK center
City of Santa Ana
Dear Deborah:
As per our conversation, MAOF/Santa Aha is very pleased to make space available to the
WORK Center for a satellite that will serve the needs of our surrounding community.
MAOF is thankful, on behalf of our service recipients, for the available Ernpowerment
Zone funding to cover the rent for the room. The room is 18' x 18'= 324 sq. ft.; the rent
is $1.00 per square foot per month. The total monthly rent is $324.00.
Again, thank you for making the services of the WORK Center more accessible to our
community with the establishment of this satellite at MAOF's Santa Aha site.
We look forward to the collaboration that this partnership will continue to provide.
Yours truly,
Director
May 28, 2002
CITY OF SANTA ANA
':.e (~lVl(~ C[=NTER PLAZA · P,O. Ilex 198S
SANTA ANA, CALIFORNIA 92702
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fleicher
CL[~RK OF TIdE COUNCIL
Patrlcla E~ Haply
Mexican American Oppornmity l%undation
502 $. Koss Street
Santa Aha, CA 92701
Attn: Martin Castro
RE: Extension of Lease Term
Dear Mr- Castro:
This correspondence shall serve as the ~ercise of the one-year option included it~ ~c
Lease Agreement entered between the City of Santa Ama and Mexican American
Oppo~anity Foundation ("MAOF") dated ~luly 16, 2001. As you are aware, the Lease
expires on May 30, 2002, unless extended for an ~ditional year, under the same terms
and coaditions as the original agreement (See Lease Agreement. Section 3. "Term of
Lease").
Please evidence your agreement to the ~tenslon or'he lca~c an additional year, wi~ new
tetmiaafion date of May 30, 2003, by signing belo~.~s indicated and ~etum to the C~ty as
soon as possible. Thank you for your assistance in ~hi.~ regat~.
Sincerely,
JOSEPH W. FLI~TCI-IER
City Attorney
By: Lisa Stomk
Assistant City Attorney
APPRO S TO CONTENT
David gL~-eamr '
City Manager
KECOMMENDED FOR APPROVAL:
Community Development Agency
Mart/n C~tro, Presiclent
Mexican American
OpporUmity Founder/on
.......(626)S9 - ~) - ONLYANDCONFE~RIGHTSUPONTHECERTIFICATE
FaC1T~ C benera/ ~nsurance ~ervl cee HOLDER. THIS CERTIFICATE DOES NOT AMEND, E~END OR
405 E. Santa Clara Street
Suite 100
Arcadia, CA 91006
Mexican American Opportunity Foundation
401 N. Garfield Avenue
Montebello, CA90640
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
IHSURERA; Philade]phia Insurance Company
INSURER B:
INSURER C:
INSURER D:
~NSURER ~: Amended 02/07/03
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POMCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.TR TYPE OF INSURANCE POUCY NUMBER DATE (MMfDD~ DATE IMM/DD/YY) LIMITS
OENERAL U^S,UTY ~HPK041578 01/30/2003 01/30/2004 EACH OCCURRENCE $ 1,000,000
X COMMERCLAL GENERAL LtABiLJTY FIRE DAMAGE (A~¥ one f~e)$ 100,000
I CLAIMSMADE IXl OCCUR MEG EXP{~yonepers~) $ 5,000
A PERSONAL & AGV INJURY $ 1,000,000
GENERN. AGGREGATE $ 2~000,000
GEN'L AGO REGATE LIMIT APPLIES PEP~ PRODUCTEoCOMPiOPAGG $ 2,000,000
y PR(~
AUTOMOBILE UABILITY 3HPK041575 01/30/2003 01/30/2004 COMEINED SINGLE LIMIT $
X ~r.,' ^UTO (Ea ac. dde~Q 1,000,000
A
D ~'~ 1'O FO~/
· r~ ^?? O¥ EACH OCC~'~RCE $
RETENTION S ]L~ut't Shcedy
WOR~<ERSCOMFENS^~O"AND ~!,~:, C~.¥ ,~m'~"~? iT3~G%~l i~~. $
~s Additional Insured
:ity of Santa Ana, its Officers, Agents, Representatives, Employees & Volunteers are
~amed as Additional Insured with respects to a $2,000 grant that was awarded from the
~ommunity Development Agency.
tent day-Notice of Cancellation shall be given ~in the event of non-payment of premium.
CERTIFICATE HOLDER t X I ADDITIONAL INSURED; ~NSURER LEIS~'R.: ~ CANCELLATION
City of Santa Ana
Community Development Agency
M-25
P.O. Box 198
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POMCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WI L~ Jli~[~l~ MAJL
~ 0 DAYS WRITTEN NOT!CE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT,
m~CIFIC GENERAL INS
626¢mQ8831
FP~ NO,
05/16 '03_08.?-' N0.298 02/03
:714-G4?-GS49
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies such insurance as is afforded by the provisions of Policy
#..?I-}~.~L~I~7~ _ relating to the following:
1. The City of ,~anta And, 20 Civic Center Plaza, Santa And, California
92701; its officers, employees, agents, volunteem and representatives are named as
additional insureds ("additional tnsureds") witll regard to liability and defense of Suits
arising from the operations and uses performed by or on behalf of the named insured.
2. With ~espect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
-primary and is not additional to or contributing w'~h any other insurance carried by or for
the benefit of the additional insureds,
3. This insurance applies separately to each Insured against Whom claim is
made or suit is brough.t except with respect to the company's limits of liability, The
inclusion of any person or organization as an insured shall not affect any right which
much pemon or organization would have as a claimant if not so in~udecl.
4. With respect to the additional insureds, this insurarme shall not be
canceled, or materially reduoed in coverage or limits except alter thtrty (30) days written
notioe has been given to the City of Santa Aha. 20 Civic Center' Plaza, Santa Ans,
CalEomia 92701.
(Completion of the following, including countersignature, is required to make this
endomement effective.)
Ne'-mba Insured /
Authorized Representative
APPROVED AS TO FORM
Dcpmy City Attorney
I I I IIII · IIII · iii I ii
~, ~"~) . . .ERTHOLDER COPY
~, P.O, BO~( 807, SAN FRANCISCO, CA 94~42-0807
I~N 'INSURANCE
'ISSUE OATE: (~?-01-2003 ' "~ ~ , ',GROUP: . .
'-- "' ' ' ..... ~POLICY ~MBER: ~43808J~003
~ 07-0 f~2~3/07-01-2~4 *
This is to policy in a f~r~ ~prove~
indic~e~
'This.poli~ isa.not subject to/c~cellatlo~,by~e Fund ~xCep{ U~on 30da~s' ad~ce wr ~en not '
.We, ~ill, also giye~o~ 3Q ~' ~dv~ce n~tic~sh~ d 'th s~po cy be ca~c~ ~ea p~ or to
with respp~t ~o ~h~cn thru cor~hca:e of ~nsuran ~t~the-insbrah~
poljcies~dpscHbed hereg~ is subject to eit ~he t )~ ~f'-~h p6iicies
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