HomeMy WebLinkAbout07 123 William Foster (Enbridge) Lt 25, Con 7, Pt Lt 25, Con 8 Bruce( Site Plan Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 123
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH WILLIAM ROBERT FOSTER AND ENBRIDGE ONTARIO
WIND POWER LP
(Lt 25, Con 7, pt Lt 25, Con 8 Bruce)
WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Council for the Municipality of Kincardine deems it
advisable to enter into a Site Plan Agreement with William Robert Foster. and
Enbridge Ontario Wind Power LP, for that property located at Lot 25, Concession
7 Bruce; Part Lot 25 Concession 8 Bruce as in R221152 Except R29729, SIT
Debts in R221152, ; SITR31 057; Municipality of Kincardine in the County of
Bruce;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a Site Plan Agreement with
William Robert Foster and Enbridge Ontario Wind Power LP to ensure
appropriate development of those lands described as Lot 25, Concession
7 Bruce; Part Lot 25 Concession 8 Bruce as in R221152 Except R29729,
SIT Debts in R221152, ; SITR31 057; Municipality of Kincardine in the
County of Bruce, and being more particularly described in Schedule "A" of
the attached Site Plan Agreement.
2.
That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of the Municipality of Kincardine the agreement with William Robert
Foster and Enbridge Ontario Wind Power LP, which is attached to this by-
law as Schedule "A", as well as any other documentation required relating
to the said Site Plan Agreement.
3.
This By-law takes effect from the date of passage by Council and comes
into force and effect pursuant to the provisions of the Planning Act, 1990.
4.
This By-law may be cited as the "William Foster (Enbridge) (Lt 25, Con 7,
pt Lt 25, Con 8 Bruce) Site Plan Agreement By-law."
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William Foster (Enbridge) (Lt 25, Con 7, pt Lt 25, Con 8 Bruce) Site Plan
Agreement By-law
By-law No. 2007 - 123
READ a FIRST and SECOND TIME this 11 th day of July, 2007
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READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007.
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Mayor
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This is Schedule" .fL " to B~-~~)V
Nodj')o7-~assed the LL-~y
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This AGREEMENT made this
BETWEEN:
and
day of :r l.t, ll.( , 2007.
SITE PLAN AGREEMENT
THE CORPORATION OFTHE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
WilLIAM ROBERT FOSTER
-and-
ENBRIDGE ONTARIO WIND POWER lP
hereinafter collectively called ''The Owner"
OF THE SECOND PART
WHEREAS the Owner represents that it is the registered owner of those lands in the
Municipality of Kincardine, County of Bruce, described in Schedule "A" attached
hereto and forming part of this agreement;
AND WHEREAS the parties hereto agree that the lands affected by this agreement
are as set out in Schedule "A" attached hereto;
AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law
pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13,
as amended.
AND WHEREAS the covenants, agreements, conditions and understandings herein
contained on the part of the Owner and the Party of the Third Part, if any, shall run
with the land and shall enure to the benefit of and be binding upon the parties hereto
and their heirs, executors, administrators, successors and assigns, as the case may
be, and shall be appurtenant to the adjoining,highways in the ownership of the
Municipality .
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the approval of the plans for the development on subject parcel of land by the
Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Municipality as follows:
PART A- GENERAL PROVISIONS
1 . The parties to this agreement hereby agree that the Owner as herein stated is
the registered owner of those lands described in Schedule "A" to this
agreement and the lands affected by this agreement are as described in
Schedule "A" to this agreement, hereinafter called the "subject lands".
Wherever the term Owner is used in this agreement, it shall apply jointly and
severally to the parties comprising the Owner.
2. The Owner hereby releases the Municipality, its servants, agents and
contractors from any and all liability in respect of the proper maintenance and
operation of the matters and facilities required by this agreement.
3. The Owner agrees to allow the Municipality at its sole expense and in its sole
discretion to register or deposit this agreement in the Registry Office for the
County of Bruce against the "subject lands".
Page 2
Site Plan Agreement
4. The owner agrees to indemnify and hold harmless the Municipality from and
against all suits, judgments, claims, demands expenses actions, causes of
action and losses and for any and all liability for damages to property and
injury to persons (including death) which the Municipality may incur, otherwise
than by reason of their own negligence or willful misconduct, as a result of or
arising out of or in relation to any breach of the terms of this Agreement, or
the Municipality's own negligence or willful misconduct.
5. The clauses of this agreement are independent and severable and the
striking down or invalidation of anyone or more of the clauses does not
invalidate all or any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from complying with all
applicable municipal requirements.
7. The Owner hereby grants to the Municipality, its seNants, agents and
contractors a license to enter the "subject lands" for the purpose of inspection
of the works and the "subject lands" or for any other purpose pursuant to the
rights of the Municipality under this agreement.
8. Once the Municipality of Kincardine has entered into the site plan agreement
with the owner, all subsequent documents binding the Corporation will be
executed by the Mayor & CAO.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to undertake development on the "subject lands", at its
sole expense, in conformity with the site plan as detailed in Schedule "8"
attached hereto, which shall hereinafter be referred to as the "approved site
plan",
10. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site development requirements as detailed in Schedule "C"
attached hereto.
11. a)
Upon completion of the development of the "subject lands" in
conformity with the provisions of this agreement, the CAO shall issue a
certificate of compliance.
b) "Certificate of compliance" shall mean a statement of the Municipality
as to the substantial completion of the works, matters and facilities
required by this agreement and shall not be deemed to certify
compliance with any other municipal requirements, regulations, or by-
laws, and the Municipality shall not be stopped from pursuing any or all
its rights to enforce the continuing obligations of the Owner under this
agreement or to enforce any other of the Municipality's requirements,
regulations or by-laws which relate to the subject lands.
12. The Owner hereby acknowledges that failure to complete all required works
within the specified time period shall mean a certificate of compliance will not
be issued until such work necessary to complete the development is done,
and that until such certificate of compliance has been issued, in the event that
the prescribed time period has lapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additional work on the
"subject lands".
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Site Plan Agreement
13. All maintenance and repair of facilities and matters required I:)y this
agreement shall be done by the Owner from time to time at its sole risk and
expense and the Owner agrees the IIsubject lands II will not impede or prohibit
performance of the maintenance provided for in this agreement.
14. The Owner agrees to maintain in good repair and at its sole expense the
subject landsll in conformity with the provisions of Schedule IIBII (approved site
plan) and Schedule lIell (site development requirements), and all other
requirements pursuant to this agreement, and all repair or maintenance shall
conform with the requirements of this agreement as it applied to the original
development.
15. The Owner agrees that all facilities and matters required by this Agreement
shall be provided and maintained at its sole risk and expense and to the
satisfaction of the Municipality and that in default thereof and in the sole
discretion of the Municipality, the Municipality may perform such requirements
at the expense of the Owner and such expense may be recovered by the
Municipality in like manner as municipal taxes within the meaning of Section
326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended.
16. The Owner agrees to do the following:
a) subject to The Public Transportation and Highway Improvement Act,
R.S.O. 1990, facilities, to provide access to and from the lands such as
access ramps and curbings and traffic direction signs;
b) to dedicate tothe Municipality, free and clear of all encumbrances, all
Easements and lands required by the Municipality for the construction,
maintenance and improvement of any existing or newly required
watercourses, ditches, land drainage works and sanitary sewage
facilities on the land and, on request by the Municipality, to deliver the
properly executed documents in a form that can be registered, to the
Municipality in order to complete the dedication to the Municipality and
to pay all costs incurred by the Municipality in respect to the
aforementioned dedications;
c) to, where required by Municipal resolution, dedicate to the Municipality
widening of highways that abut on the land described in Schedule IIAII
attached hereto, free and clear of all encumbrances.
PART C - DEFINITIONS
20. In this Agreement and the Schedules attached hereto:
i) IIBuilding Areall shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
ii) IILandscaped Open Spacell shall mean the areas of open space
comprised of lawn and ornamental shrubs, flowers and trees and may
include space occupied by paths, walks, courts, patios but shall not
include parking areas, traffic aisles, driveways and ramps,
iii) IIParking Areall shall mean the areas of open space other than a street
to be used for the parking of motor vehicles and access ramps and
driveways to areas used for the parking of motor vehicles which shall
be clear of buildings and structures except those accessory to the
Page 4
Site Plan Agreement
operation of the parking area, and which shall be available and
maintained for the parking of motor vehicles including maneuvering
aisles and other space necessarily incidental to the parking of vehicles.
iv) "Natural Open Space" shall mean the areas of open space which are
to remain in a natural state with a minimum amount of maintenance,
but shall not include areas of outside storage, parking areas, traffic
aisles, driveways or ramps, or Building Area, Natural Open Space
areas shall be subject to the requirements of the Maintenance and
Occupancy (Property Standards) By-Law as amended from time to
time for the Municipality and shall be kept clear of all weeds and
natural growth which is prohibited by other Municipal by-laws. Areas of
Natural Open Space may include areas of Landscaped Open Space.
v) "Commercial Wind Generation System (CWGS)" shall mean one or
more Wind Generating Systems (WGS), that singly or collectively
produce more than a total of 40 kilowatts (kW) based on 'nameplate
rating capacity' and are connected to the provincial transmission grid.
vi) ''Wind Generation System (WGS)" shall mean any device such as a
wind charger, windmill, or wind turbine that converts wind energy to
electrical energy.
IN WITNESS WHEREOF the Municipality has hereto affixed its cOlJ1orate s~~~
by the hand of its Mayor and Chief Administrative Officer this ,I / ,vday of d.-j .
07. The parties have hereunto set their hands and seals this e2^---..oLday (j
,1 I 2007.
IGNED, SEALED AND DELIVERED )
in the presence of )
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Mayor 0rry Kraemer
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Chief Administrative Officer -
John deRosenroll
I/We have authority to bind the Corporation
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William Robert Foster
ENBRIDGE ONTARIO WIND--_
POWERLP .~
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Name:G. Robert . pson
Title: General Manager, Enbridge
Ontario Wind Power LP
l!We have authority to bind the Corporation
SCHEDULE "A"
Lot 25, Concession 7 Bruce; Part Lot 25 Concession 8 Bruce as in R221152 Except
R29729, 8fT Debts in R221152; 8fT R31057; Municipality of Kincardine in the
County of Bruce
SCHEDULE "B"
The "approved site plan" shall be all the documents contained in the Binder marked
"Circuit 4" as submitted by the Owner and stamped as the "approved site plan",
signed by the Municipality's Chief Administrative Officer and signed by the Owner
with any changes marked in red and initialed by the Chief Administrative Officer and
the Owner. This "approved site plan" shall be filed with the Municipality's Chief
Administrative Officer.
SCHEDULE"C"
SITE DEVELOPMENT REQUIREMENTS
1 . The Owner agrees that the completion date for all work required pursuant to
this agreement shall be December 31, 2009.
2. The Owner agrees to prepare a grading and drainage plan acceptable to the
Municipality and all surface drainage shall be controlled in accordance with
the approved plans in a manner satisfactory to the Municipality.
3. The Owner agrees to ensure during development of the "subject lands" that
appropriate devices are installed and measures taken to prevent
unreasonable erosion of soil from the site by wind or water, and the Owner
agrees to abide by any request of the Municipality's Chief Building Official or
Engineer in this regard, acting reasonably.
4. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of such
trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
5. The Owner agrees that any internal driveways, access roads which are
necessary for, and designated as, a fire route shall be so designed so as to
carry the weight of the Municipality's fire fighting equipment.
6. The Owner agrees to provide all landscaping as shown on the "approved site
plan". All plantings shall be installed to the specifications and requirements as
indicated on the "approved site plan".
7. The Owner agrees to appropriately and properly finish all lands lying between
the "subject lands" and any and all abutting streets, which, without limiting the
generality of the foregoing shall include the following:
i) landscaping of lands lying between the street line and property line not
to be used for vehicular or pedestrian entrances with topsoil and
sod/seed.
ii) installation of driveways of proper width and grade from the street line
to the property line with asphalt, concrete, gravel or other hard
surfacing acceptable to the Municipality's Engineer.
iii) removal of existing driveways which are not to be used with
replacement by appropriate landscaping as detailed above.
8. The Owner agrees to obtain a building permit within twelve (12) months from
the date of this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is null and void.
9. The Municipality's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement. Please note that all major
variations must be approved by Council in the form of a Site Plan amendment
to this agreement.
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LRO#3 NoticeUnderS.710f The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
Receipted as BR5552 on 2007 07 30
yyyy mm dd
at 16:14
Page 1 of9
Description
33280 - 0019 l T
IT 25 CON 7 BRUCE, PT LT 25 CON 8 BRUCE AS IN R221152 EXCEPT R29729, 8fT
DEBTS IN R221152; 8fT R31057; KINCARDINE
KINCARDINE
Address
I Consideration
Consideration
$0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
Address for SeIViee
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Admjnistratrive
Officer.
I Party To(s)
Capacity
Share
Name
Address for Setvice
FOSTER, WILLIAM ROBERT
R. R.#2
Paisley, ON NOG 2VO
This document is not authorized under Power of Attorney by this party.
Name
Address for Setvice
ENBRIDGE ONTARIO WIND POWER LP
795 Queen street
Kincardine, ON N2Z 2X8
I, G. Robert Simpson, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
George Charles Magwood
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2007 07 30
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Street, Box 880
Walkerton
NOG 2VO
2007 07 30
Tel 519.881-3230
Fax 5198813595
I Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00
LRO # 3 Notice Under 5.71 Of The Land Titles Act
The applicanl(s) hereby applies to the Land Registrar.
I File Number
Applicant Client File Number. 12270
Receipted as BR5552 on 2007 07 30
yyyy mm dd
at 16:14
Page 2 of9
,
I3lj.{5' s.:(
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V'<<./"/ ,;..(>/QY'
In preparation o~ 2007 07 26
yyyy mm dd
at 16:35
Page 1 of 1
LRO # 3 Notice Under 5.71 Of The Land Titles Act
This document has not been submitted and may be incomplete.
I Properties
PIN
Description
/
33280.001VCr
LT 25 CON 7 BRUCE; PT IT 25 CON 8 BRUCE AS IN R221152 EXCEPT R29729, 8rr
DEBTS IN R221152; srr R31057; KINCARDINE
KINCARDINE
Address
I Consideration
Consideration
$ 0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
Address for SefYice
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administratrive
Officer.
I Party To(s)
Capacity
Share
Name
FOSTER, WILLIAM ROBERT
Acting as an individual
R. R. #2
Paisley, ON NOG 2VO
Address for Service
This document is not authorized under Power of Attomey by this party.
Name
ENBRIDGE ONTARIO WIND POWER LP
Acting as a company
795 Queen Street
Kincardine, ON N2Z 2X8
Address for Service
1, G. Robert Simpson, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attomey by this party.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I File Number
Applicant Client Fife Number:
12270
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
'"'
BY-LAW
NO, 2007 -123
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH WILLIAM ROBERT FOSTER AND ENBRIDGE ONTARIO
WIND POWER LP
(Lt 25, Con 7, pt Lt 25, Con 8 Bruce)
WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS the Council for the Municipality of Kincardine deems it
advisable to enter into a Site Plan Agreement with William Robert Foster. and
Enbridge Ontario Wind Power LP, for that properly located at Lot 25, Concession
7 Bruce; Part Lot 25 Concession 8 Bruce as in R221152 Except R29729, SIT
Debts in R221152, ; SITR31 057; Municipality of Kincardine in the County of
Bruce;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows;
1. That the Municipaiity of Kincardine enter into a Site Plan Agreement with
William Robert Foster and Enbridge Ontario Wind Power LP to ensure
appropriate development of those lands described as Lot 25, Concession
7 Bruce; Part Lot 25 Concession 8 Bruce as in R221152 Except R29729,
SIT Debts in R221152, ; SITR31 057; Municipality of Kincardine in the
County of Bruce, and being more particularly described in Schedule "A" of
the attached Site Plan Agreement.
2. That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of the Municipality of Kincardine the agreement with William Robert
Foster and Enbridge Ontario Wind Power LP, which is attached to this by-
law as Schedule "A", as well as any other documentation required relating
to the said Site Plan Agreement.
3. This By-law takes effect from the date of passage by Council and comes
into force and effect pursuant to the provisions of the Planning Act, 1990.
4. This By-law may be cited as the "William Foster (Enbridge) (Lt 25, Con 7,
pt Lt 25, Con 8 Bruce) Site Plan Agreement By-law."
Certified to be a true and
complete AOPV of I3)I-LaW
Numberotn07 -1a0 passed
by the Council 0'1 The Corporation
of the MunJci~Of Kincardine
th 1/ day of
:/ , C:lO()1 , .
~"C " /() ~
NancyTurtotte,a m~Slcner,
etc"Counly oi Bruce, ",!hile Depuly Cielt
olthe corporation rjThe
Municipali1y01 KinCardit1e
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William Foster (Enbridge) (Lt 25, Con 7, pt Lt 25, Con 8 Bruce) Site Plan
Agreement By-law
By-law No. 2007 - 123
READ a FIRST and SECOND TIME this 11'h day of July, 2007
Mayor
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READ a THIRD TIME and FINALLY PASSED this 11'h day of July, 2007.
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Mayor
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Magwood, Van De Vy'U're, Thompson & Gro'U'-McClement LLP
BARRISTERS & SOLICITORS
215 DURHAM STREET. BOX 880
WALKERTON, ONTARIO
NOG2VO
GEORGEC MAGWOOD,B.A.,LL.B.
BRIANJ.VANDEV'lVERE,BA,LL.B.
CHEDLEYTHOMPSON,B,A"Ll.M.
TAMMY W. GROVE-McCLEMENT, B.A., LL.8
TELEPHONE (519)881-3230
E-MAIL wmvt@bmls.com
FAX (519)881-3595
August 2, 2007
Michelle Barr
Municipality of Kincardine
1475 ConcessionS, R.R. #5
Kincardine, Ontario
N2Z 2X6
Dear Mrs. Barr:
RE: Enbrid2e Ontario Wind Power
Site Plan Ae:reements - Ree:istration Date Julv 30. 2007
Please find enclosed the electronic receipt for the 14 Enbridge Site Plan Agreements registered
July 30,2007, together with extra copies of the Agreement and By-laws, which we no longer require.
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The registration details of the Agreements enclosed are as follows.
BR5544 - JOM Roppel
BR5545 - JOM Roppel
BR5546 - JOM Roppel
BR5547 - Kenneth Roppel
BR5548 - Scott Reichard
BR5549 - Murray Ribey
BR5550 Dean Ribey and Cand""e Swindell-Ribey
BR5551 - Benjamin Lariviere and Barbara Fournier
BR5552 William Foster
BR5553 - William and Linda Fosler
BR5556 - Murray Ibbotson
BR5557 - Thomas McEvoy
BR5558 - Thomas and Brenda Lawrie
BR5559 - Steven and Janice Ball
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MAGWOOD, V AN DE VYVERE, THOMPSON &
GROVE-MCCLEMENT
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George C. Magwood
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