CORRESPONDENCE REGARDING CONCESSIONAIRE LEASE AND USER FEES
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ROB GRAHAM
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State of Florida
DEPARTMENT OF NA1'URAL RESOUU.CES
[u('uliu Dirtdor
3900 COMMONWEAl.TH BOlil.E:\'ARD I TAl.l.AHASSEE 32J03 '"
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DR, HTON J, GISSENDANNER
February 12, 1981
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Mr. Anthony L. Shoemaker
ci ty IJ'.anager
ci ty of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
Dear Mr. Shoemaker:
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Mr. Landrum has asked us to acknowledge your letter of February 3,
1981, regarding City of Clearwater rnanagerrent and operating rrethods
perIni tted tmder tenns of the Land and Water Cbnservation Fund grant
(No. 12-00007) authorized for the Seminole Street Latmching facilities.
Fbllowing are responses to your itemized inquiries:
I. '!he ci ty may charge user fees of the type you describe
(latmch, vehicular admission, parking, etc.) provided
such fees are oorrparable to others in the area offering
similar services and that such fees are non-discriminatory
to residents or non-residents alike.
2. '!he city may oonstruct and operate through a concession-
aire lease on the premises, a ooncession stand such as
you describe provided charges are corrparable to those
iterrs similarly offered in the area.
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3. Revenues generated (tmder Item:; I and 2 al:x:>ve) should be
utilized exclusively to oover operation and maintenance
costs of the facility.
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4. Ci ty facilities oonstructed. under this grant are restricted
to outdoor recreational use by the general public and are
not to be made available for ooIlTlErcial interests.
00--/11-00
D1\'JSJONS I
ADl\lINISTRA nor; . l.A W PH OHCEMENT . MARINE RESOllRCES
RECREATION AND PARKS. RESOl'RCE MANAGEMENT. STATE I.ANDS
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Mr. Anthony L. Shoem3ker
Page 'IWo
February 12, 1981
We hope these oornrents clarify questions raised in your letter oonceming
use and restrictions relating to the federal grant.
Best wishes, as always.
Sincerely,
~J~ 4. C'~~
Richard w. Froemke, Supervisor
Local Recreation Assistance Section
Division of Recreation and Parks
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'.bl't1S1'7 3. IPll
):zo. n~1 e. t..ndruc, Director
Dl~lsihD of KKt'&atloa &m4 I'arb
D-opa1:U-.ant of l;atura1 lee:)'-'J:cu
Crew luihUna
lalLu-.r.:aSltCl, n. 31.'04
beu Jk. t.At:d1'U.1lr
la J4nreh, IOti1, t'hta Vl!~lo S~r;;...t 'LaUilt'hlnc ;:t!eilitie. we,. eoMtntltd
t. tb. Cit1 .1 Cl..~.~~.t_, .tllblal atddq funIS. ,r..n'" thftMlth tlte
0ut4~ l.~rfltloDl\1 t)avalG~t (:~~d.1 \l.."'l~nr h'oj6.f:t '~-OOOO7..
Slnc. tu ~Omt.h,!t1l>tt. the !&d.llt)' .. b... Of era tee! cnl . free-un t.ata
wit" w re-Jltdettor.. .. to t~ (*-, 1ft",teTCl'aft ~ndtted. ......f.nt.ftA4e.
eOllt. baTe bClCJI bOrDa by the CitJ'. .una! fUQ~.
III l~nt of inereJl.l1!~ zld.t!.tet1el'-C:. coat_, tb. ncltd to prerl'~ t'C'J!tr"O'..
IlleJllth~J 81.( ,.Uti !3~::.=!.~t:-.lt1c.~~, tw ,it, r~q~n. ~b. fQJtcnrlr,
tnfol"7a\,t<1;':r. lot; d 1.14; t.o:: Cit.1 ~~S~i'lt ... ~p.r4t.itu! .,t.bo.b "n:tttltA
under tl:<l t~n~ ,f t1:.:: t.:::/jt:~tlr.i\ ~I~"tl
1. ~l!;r thu Cit;y c:h~L'" (i~ .4...'1,,&108 81' deJ: f.If [O~ UN ftf t:tw f::d.U t'1"
t:lrct;j~" CQll-:J(lt~as ~f l<waea {ne. VGhielllar e~b.!n f.e~lI, ~!!"!t'!tr~
~4~~[06. ~r o~,~ J~v!c.'
1. t~y tbe {:i.t, ~f:)H..tr\iet Ill\': fJ>f'et.t~ t.b.re~~ll a e.onces.t."~T~ l.e'~el ~
c')ne.!-.!..~i.~ l-t~.~ E~lU.!f.r k1it. e"h ddn-;".Jt 1!.~4 &'1'1!.!d.t$ Oil tbe f."ellit,
I'rfnlttct~~r
3. If the Ilbc;va Ktlvlt~~~ a~o ,u,atted. ar. tbet'* lNNttr!.r.tlu!U9 ~tt tl'9
w,;e cf r~v,,:;.\.4 t.1lt$. b-e\Jotal.e.ui th~~ ts. ~!lt'1 r.ueh r""e."'.)t'. t:. uced
en!.,. t.c cc'w...r iaLSat...t'~. ebst.. of t~e fee:1_lJ.~,. ff1" f'-1l' f"\teb fUQde
be ,~ f~c ~thex ~blic purpo5~1
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4. er.. lh~r~ ru;tri~tSbt':O .. to tht tjpu of \t.,t<<reratt rerr=ttte:d tC1 nl'lC:
the hc1ll.lyt t:a. t.he f4C:UU" kilt ~lJ ffJt r~e1'.u:1ocd ~tAt'("r..rt.
er 5~:.U.1 c;~~~1Al {uhi..; "o.u "P. ~mu" r.. ...~ it?
Iou COOJ;c.J;';lWIl h ",,17111& aua...~. t. U- alKrfe ll'OMtteu dU " ."ncf.&ld.
Vel'J fnll, 1CHan.
A~thon1 L. thoamak.r
City f.an.tet
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bel E11.~b8tb s. Haep~ke1:. Bill lurchfl@ld, To~ !u.tln. JA&2 V11son, a~
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TO:
FROM:
COPtES~
SUBJEC:
DATE:
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lilY OF CLEARWATER
, terdep.rtment Correspondence Sheet
p. II Burchfield, Harborrnaster
Frank X. Kowalski, Chief Assistant City Attorney
'.uminole Street Launching Facility - Conce s sion
,:"une 20, 1979
Based upon the material you provided me, it is my opinion
that the regulations regarding federal funding do not prohibit the
City from entering into a lease for the construction and operation of
a concession stand at the Seminole Street Launching Facility.
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Frank X. Kowalski
Chief Assistant City Attorney
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C )Y ,0 F C LEA R WAlE R
inter"ep.rtment Correspondence Sheet
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Frank Kowalski, Assistant City Attorney, through ,::':it
Tom Bustin, City Attorney . '+i , ',+,
Elizabeth S. Haeseker, . ,Assistant City Hanager 1 't:,
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TO:
FROM:
COPIES:
SUBJECT:
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Seminole Launching Ramp,- Your memo June 20, 1979 '
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DATE:. .
January 24, 1980
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In checking the file, I have a letter to Merritt Stierhe~
of May 16, 1968, which is apparently the one you 'received
and the one on which you based your opinion. I also have
a letter dated February 14, 1975, from the united States
Department of Interior which states "the use of these
facilities for commercial purposes violates the intent flrid
purpgse..of the grant and should be prohibited..'
Will you please review these two letters and let me know
if it is still your opinion that the City could 'permit a
concession stand at this facility. ,,~
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JAN 3 ,gBO
TO:
Elizabeth So Haeseker, Assistant City
Bill Burchfield, Harbormaster
FROM:
COPIES:
SUBJECT: Seminole Street Launching Facility
DATE: January 2, 1'80
C I Jy 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
Manager
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Attached are the copies or correspondence requested in your
memo or December 31, 1979.
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TO:
Bill Burchfield, Harbormaster
Elizabeth S. Haeseker, Assistant City
FROM:
COPIES:
SUBJECT:
Seminole Dock
DATE:
December 31, 1979
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C11V, OF CLEARWATER
InterClep.rtment Correspondence Sheet
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Bill, will you please send me copies of the information
you I ve show4p4 me regarding the above-cited subj ect. i;~ I
particularly would like to have a copy of the letter; to
Stierheim, the letter to Floyd, and Frank Kowalski's
opinion. If there is any other information on the same
subject that would help a lot too.
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C I( Y 0 F C LEA R W ATE R
Int. d.p.rtment Corr..pondence Sheet
TO: 'rank Kowalski, Ii f;.;. City Attorney
FROM:
Bill Burchfield. l,er':-.)rmaster
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SUBJECT: Seminole Street 1.:'" ; .hing Facility - Concession
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DATE: June 19. 1979
The attached corresPQndence relating to Seminole Street Launching
Facility is submitted in accordance with our discussion.
The En<<ineering file containing original construction agreements
and restrictions has apparently been destroyed. Tbe questions we
discussed, however, appear to be adequately addressed in the
attachments.
Flease review and advise me as to whether you consider that these
documents provide an adequate basis for proceeding with a tentative
concession lease proposal.
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TO:
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Mr. Jeff Butler, Asst. City Manager
CITY OF CLE
11erdepartm~nt C~ti.
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,ce Sheet
FROM:
Keith Crawford, Director of Traffic Engineering
COPIES:
SUBJECT: Seminole Boat Ramp Parking
- DATE: March 11, 1915
This is in response to your memorandums of August 12, 1914, and
January 6, 1915, regarding installation of meters at the Seminole
Boat Ramp parking lot.
RECOMMENDATION: We recommend that meters not be installed in this lot
at this time.
DESCRIPl'ION: The Seminole Boat Ramp lot has 25 spaces along the seawall
for vehicles without trailers. There are 145 spaces for vehicles with
trailers attached. There are 36 spaces out of service due to the '
storage of tires for building the reef. The storage area is to be
removed eventually, requiring completion of the metering at a later date.
INSTALLATION COSTS:
INITIAL 134 FINAL 36
Spaces 134 36
Meters @ $55 each $1310 $1980
Posts @ $6 each 804 216
3' Meter walk @ $3/ft ~65 (155') 201 (61')
4' " " @ $4/ft 3140 (185')
8' " " @ $8/ft 3184 ( 398 ' ) 136 (92' )
Total $14,963 $3,133
ANNUAL COSTS: We have determined the cost of annual maintenance to be
$12.30 per space per year based on 3141 meters as of March 1, 1975.
Much of this is in salaries which would not be affected by adding meters
in this lot. However, certain activities such as repairs, signing, and
marking would be required at a cost of $4.20 per meter per year from
our operating budget 1501 and 1515 codes. This does not include street
lights since they are already used here.
Cost from 3500 code
Cost from 1501 and 1515 codes
INITIAL 134
$1,648.20
562.80
$2 ,211. 00
FINAL 36
$442.80
151.20
$594.00
REVENUE: To estimate revenues we made a seven day mechanical count of
the volume of traffic on Seminole Street and a one day occupancy
survey of the parking lot. On the day of the study, the maximum number
i" I 9f vehicles parked at one time was 38. Relating this to weekly volume
we determined that 260 vehicles per week would use the lot "under normal
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COPIES
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Mr. Jeff Butler - Page #2
CITY OF CLEARWATER
I nterlepartment Correspondence Sheet
Keith Crawford
Seminole Boat Ramp Parking
March 11, 1975
circumstances. This comes to $65 per week at a charge of $0.25 per
vehicle.
This facility is subject to extreme peaks and valleys in its use. In
kingfish season the lot will overflow while foul weather will cause it
to be abandoned. In 1974 there were 80 days of small craft warnings,
according to the U.S. Weather Bureau. This is roughly equal to 11
weeks. Therefore, revenue is projected at 41 weeks times $65 per
week, or $2665.
ANALYSIS: The total annual cost of maintenance is roughly equal to the
estimated revenue ($2805 vs. $2665). If we assume that the revenue
will be double what is projected it would take seven years to recover
the costs involved in installing the meters.
The isolated location of this lot produces opportunities for vandalism
at a higher level than experienced in other areas.
The Parking Fund Bord Ordinance states that any meters installed in
the city come under the provisions of that ordinance. Since there are
several expenses associated with operating the parking lot that occur
whether or not the lot is metered, there may be advantages to having
those expenses taken from the Parking Fund rather than from departmental
budgets.
With all factors considered we feel that installing meters in the
Seminole Boat Ramp parking lot should not take place at this time.
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TO: Picot B. Floyd, City Manager '.
FROM: Max O. Battle, Director of Public Work.
COPIES: Bill Burchfield, Harbonnaater
SUBJECT:
Commercial u.e of Seminole Street !.
DATE:
February 25, 1975
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tc I T Y 0 F C LEA R W ATE R
'Intetep.rtment Corre.pondence Sheet
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Attached h a memo from United Stateu Department of
the Interior ill which the, atate that c(.1llmercial uae
of faciUtlea'riolate. the lIlte. and purp".e of our Irant
&Ad ahould be prohlblted.
Therefore, it h recozmnended that alan. be placed at
the ramp and any commercial boats be impounded.
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DEFARTMENT OF NATURAL RESOURCES
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State of Florida
REUBIN O'D. ASKEW
Governor
DOROTHY W. GLISSON
Secretuy of State
ROBERT L SHEVIN
Attorney General
FRED O. DICKINSON, JR.
Comptroller
THOMAS D. O'MALLEY
Treasurer
DOYLE CONNER
Commissioner of Agriculture
RALPH D. TURLINGTON
Commissioner of Education
HARMON W. SHIELDS
Executive Director
CROWN BUILDING /202 BLOUNT STREET I TALLAHASSEE 32304
February 19, '1975
Mr. picotB. Floyd
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33~18
Dear Mr. Floyd:
Reference is made to your letter of January 14, 1975,
requesting an advisory opinion from the Bureau of OUtdoor
Recreation Regional Office concerning. possible use violations
by commercial interests at the Seminole street Launching
Facilities.
Attached is a response from the :ederal level. please
note the ultimate .r:esponsibility in s:.tuations of this type
rests with local law enforcement agem:ies. A copy of your
letter has been forwarded to the Trust:ees of the Internal
Improvement Trust Fund as a result of your reference to the
designated aquatic preserve.
Let us know if you need further assistance in this
matter.
and Parks
NCL/fam
. Attachment
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DIVISIONS /. ADMINISTRATIVE SERVICES' ENvtRONMFNTAL RESEARCH AND PROTECTION 'INTERIOR RESOURCES
MARINE RESOURCES' RECREATION AND PARKS ,
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IK I\.EPLV urtR TO:
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United States DCP<Jrllllcnt of the Interior
BUREAU OF OUTDOOR RECREATION
SOUTHEAST REGIONAl. OFFICE
148 Cain Slreer
Atlanta, Georgia 30303
G26
112-00007
Ff:"q 11 1975
11r. Hey C. Landrum
Director:
Division of Recreation and Parks
Department of Natural Resources
CrO\o:n Building
Tallahassee, Florida 32304
Dear 1.1r. Landrum:
In respon~e to your January 16) 1975, letter and attachment ~egarding
Project No. 12-00007, Seminole Street Launching Facilities, the project
facilities were funded for public outdoor recreation use. The use of
these facil it; es fOl:'S~11~r.~1a ~. ~ut~o~es,v.;.o 1 ~te~ th~'1.!n~ij~~,l.t~~.w.1?.Q~2
. ~. .._-s~......._
of the ~~~::"~~~~_!:~J)~~~~~J~(b{,, \~:~~5~~est you have the proj~ct
spon~o~ place signs at the ramps indicating they are for general public
use and that any comllercial use is prohibited. It is, however, the
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responsibil ity of the project sponsor to provide -LilE~ ~lIilJtl';t:Illc:lit iict::~c...
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to p~event any unauthorized uses and properly maintain the facilities
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for public use.
Sincer(!ly you~s,
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Robert 11. Baker
lOR RegionJl Director
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cc: ,-'1k. Ri ck Froemke
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('IV OF CLEARWATER
Iri.eldep8rtment Corre.pondence Sheet
TO: J ett Butler, Asst. Cit7 Hana&er
FROM: Bill Burchfield, Harbormalt.,.
COPIES: M. J. Parob,r, A..t. C1tT Manaser
SUBJECT: 8em1nole Launoh Ramp - Ue&a' r...
DATE: Jul7 31, 1974
The enoloBed let tel' trOll the norida Outdoor Recreational
Developaent CounoU anlRf.ra att1rlllatl'Yeq the queat10D ot wh.ther or
not 1fe aan 1nBtall park1n& _teN or a..... othe,. ahara" tor u. at
Seminole Launch Ramp.
1auueat l.1th Orawtord aka a tealib1l1t7 atudT aDd prodde
l'80oumendat1oDS.
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Outdoor Recreational DevelopI17::ilt Council
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FLORIDA
Tallahassee, Florida, 32303
NEY C. LANDRUM
DIRECTOR
May 16, 1968
CLAUDE R. KIRK. JR.
GOVERNOR.CHAIR'oIAN
TELEPHONE 224.0916
Mr. M. R. Stierheim
city Manager
city of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
Dear Mr. stierheim:
During our April visit to your city you asked a
question relating to possible concessions to be
established at the site of the Seminole Street
Launching Facilities.
In checking the Bureau of Outdoor Recreation
manual and other regulations we have determined that
any fees or charges created for such a concession by
the city is its own responsibility. In most instances,
local governing bodies utilizing federal assistance under
provisions of the Land and Water Conservation Fund have
charged entrance or admission fees or set up concessions
in order to defray expenses and cover 'the cost of
maintenance. Usually, no attempt is made to make a
profit, but there is no hard and fast rule in this regard.
Therefore, if some kind of concession area is established
at the project site, you may exercise your own judgement
as to policy. (Note enclosed Fact Sheet)
Mr. Forrest Durand, Assistant Regional Director for
the Bureau in Atlanta, inspected the project on April
26th, and was quite favorably impressed. We are looking
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CITY OF CLE.e::\WA TER
ENr.INHr.IN'~. ~ il'.,.~.:,'t.Nr
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TOM ADAMS
5ECRETARY OF STATE
EARL FAIRCLOTH
ATTORNEY GENERAL
FRED 0, DICKINSON. JR"
COM,.TROLLER OF FLORIDA "
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Fi"oV'{ARD WILLIAMS
&y....E TREASURER
DOYLE CONNER
COMMISSIONER 0" AGRICULTURE.
FLOYD T. CHRISTIAN
aU,.ERINTENDENT OF ,.u8LIC INSTRUCTION
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page two
Mr. M. R. stierheim
May 16, 1968
forward to the photographs of the site Max Battle has
promised us.
We will be back in touch with you f~llowing
receipt of the reimbursement funds from Washington,
D. C.
Cordially,
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R. W. Froemke
Chief, Concurrent Programs
RWF: j b
Enclosure
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UNITED STATES DEPARTHENT OF THE INTERIOR
Bureau of Outdoor Recreation
Land and Water Conservation Fund Project Agreement
State
I Project Number
09-00007
Florida
Project Title
Period Covered
Project Period /
by this Agreement 5/1/67 to 12/31/67 5 1
Project Scope (Description of Project)
This project is located in the city of C1~arwatert Florida, on
Clearwater Bay. The main fcatureB of this development project
by the city of Clearwater includes const:1.1ction of four modern
boat launching ramps, car and trailer par~ing, picnicking facilities,
a concrete bulkhead, catwalks and landscaping.
Only allowable costs as outlined in the Outdoor Recreation Grants-iil-Aid
Hanual will be matched. . , ' ':." , ,I.
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Project Stage Covered by this Agreement
Project Cost
Entire Prt' cct
The following attachments are hereby
incorporated into this agreement:
Total Cost
Fund Support
Fund Amount
Cost of this
, Stage
Assistance this
, . Stage
$ 140.000.00
1)0
%
1. General Provisions
$
2.' Project Proposal
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70 /JOO. 00
$ no.oao.oo
3.
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$
70.000.00
4.
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BOR 8-92
(Rev. Mar. 1967)
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The United States of America, represented by the Director, Bureau of Outdoor
Recreation, United States Department of tlle Interior, and the State named
above (hereinafter referred to as the State), mutually agree to perform this
agreement in accordance with the Land and Water Conservation Fund Act of 1965,
78 Stat. 897 (1964), and with the tenus, promises, conditions, plans,
specifications, estimates, procedures, project proposals, maps, and assurances
attached hereto and hereby made apart hereof.
The United States hereby promises, in consideration of the promises made by
the State herein, to obligate to the State the amount'of money referred to
above, and to tender to the State that portion of the obligation which is
required to pay the United States' share of the costs of the above project,
stage, based upon the above percentage of assistance. The State hereby
promises, in consideration of the promises made by the United States herein,
to execute the project described above in accordance with the terms of this
agreement.
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The following special project terms and conditions were added to this
agreement before it was signed by the parties hereto:
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The State shall transfer to the city of Clearwater all
funds granted hereund~r.
nIis agreement is not subject to ~Ie provisions of section B.2(d)
of the attached General Provisions. dated December 1965.
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In witness lvhereof, the parties hereto have executedOthlsagreement as of
the date entered below.
THE UNITED STATES OF AMERICA:'
By · I (j, ~ iIJ~
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. -'t; Directbfitle)
Bureau of Outdoor Recreation
United States Department of
, , .' the Interior
S II rll, 7
Ney c. (l.IaQ.d~
Date
. Director 0,_
Florida QWt&~a, Recreational Planning
Conmittee
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LAND AND WATER CO~SERVATION FUND PROJECT ACRI:EHENT
General Provisions
A. Definitions
1. The tenn "BOR" as I.lsed herein means the Bureau of Outdoor Recreation, United States Department of
the Interior.
2. The tenn "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any
repI'esentati ve laW'f'ully delegated the authority to act for such Director.
3. The tenn "Manual" as used herein means the Bureau of Outdoor Recreation Hanua1.
4. The tenn "project" as used herein means that project or project stage which is the subject of this
agr~ment .
5. The tenn "State" as used herein means the State which is a party to this agreement, and, where
.app1icable, the poI.itical subdivision or public lIgency to which funds are to be transferred pursuant
to this agreement. Wherever a tenn, condition, obligation, or requirement refers to the State, such
term, condition, or.ligation, or requirement shall also apply to the recipient political subdivision
or public agency, except where it is clear from the nature of the tenn, condition, obligation, or
requirement that it is to apply solely to the State.
B. Project txecution
1. The State shall execute and complete the approved project in accordllnce with the time schedule set
forth in the project: proposal. Failure to render satisfactory progress or to complete this or any
other project which is the subject of Federal assistance under this program to the satisfaction of
the Director may be cause for the suspension of all obligations of the United States under this
agreement.
2. Construction contracted for by the State shall meet the following requirements:
(a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive
bidding. Copies of 'all bids and a copy of the contract shall be retained for inspection by the
Director.
(b) The State shall infonn all bidders on contracts for construction in excess of $10,000 that
Federal funds are being used to assist in construction.
(c) Written change orders to contracts for construction in excess of $10,000 shall be issued for
all necessary changes in the faciH ty. Such orders shall be made a part of the project file
and shall be kept available for audit.
(d) The State shall comply with the regulations of the Secretary of Labor contained in 29 CrR 3
(1964), made pursuant to 40 U.S.C. Sec. 276(c) (1964), which require from each contractor or
subcontractor a weekly wage payment statement. Such regulations are hereby incorporated into
this agreement by reference. '
(e) The State shall incorporate, or cause to be incorporated, into all construction contracts the
following provisions:
"During the performance of this contract, the contractor agrees as follows:
"(I) The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The contractor will take affinnative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, creed, color, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment ad,~rtising; layoff or tennination; rates of payor other fonns of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions o~this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, or national origi~.
"(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be provided
by the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments under Section 202 of Executive Order No. ll246 of September 24, 1965,
and shall post copies of the notice in conspicuous places svailable to employees and applicants
for employraent.
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"(4) 'The contrilctor \~ill comply with illl provisions of Executive Order No. 11246 of September 24,
1965, ond of the rules, regulations, ond relevant orders of the SecretalY of Lohor.
,,( 5) 'The controctor will furnish 011 informotion ilnd reports required by Executive Order No. 11246
of September 24, 1965, ilnel by the nIles, regulotions, and orders of the Secretary of Labor, or
pursuilnt thereto, ond will permit access to his books, records, and accounts by the contracting
agency alld the Secretilry of Labor for purposes of investigation to oscertain compliance with such
rules, regulations, ond orders.
,
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with ony of such rules, regulations, or orders, this contract moy be canceled,
terminated, or suspended in whole or in part ond the contractor may be declored ineligible for
further Government contracts in occordonce with procedures authorized in Executive Order No. 11246
of September 24, 1965, and such other sonctions may be imposed and re:nedies invoked as provided in
Executive Order ~o, 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary
of Lobor, or os otherwise provided by law.
"(7) 'The contractor will include the provisions of Poragrophs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretory of Labor
issued pursuant to Section 204' of Executive Order No. 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to ony subcontract or purchose order as the contracting agency moy direct os
o meons of enforcing such provisions, including sonctions for noncompliance: Provided, however,
that in the event the contractor becomes involved in, or is threatened with, litigation with a
suucontroctor or vendor as 0 result of such direction by the contracting agency, the contractor
may request the United States to enter into such litigation to protect the interests of the
United States."
(f) The State shoH (1) comply with the obove provisions in construction work carried out Uj' itself,
(2) ossist ilnd cooperilte actively with the BOR and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the above contract provisions ond with the
rules, regulotions, and relevant orders of the Secretary of Labor, (3) obtain and furnish to
the BOR and to tht' Secretary of Lobor such information as they may require for the supervision
of such compliance, (4) enforce the obligation of contractors and subcontractors under such
provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violation
of such obligotions imposed upon contractors and subcontractors by the Secretary of Labor or
the BOR pursua.lt to Part II, Subpart D, of Executive Order No. 11246 of September 24, 1965, and
(6) refrain fro~ entering into any contract with a contractor debarred from Government contracts
under Part II, Subport D, of Executive Order No. 11246 of September 24, 1965.
3. The State shall secure completion of the work in accordance with the approved construction plans and
specifications, and shall secure compliance with all applicable Federol, State, and local lows and
regulations.
4. The State shilll permit periodic site visits by the Director to insure work progress in accordance
wi th the upproved project, including a final inspection upon project completion.
5. In the event funes should not be avoilable for future stnges of the project, the State shall bring
the project to a point of usefulness agreed upon by the State ond the Director.
6. All significant deviations from the project proposal shall be submitted to the Director for prior
approvol.
7. Development plans ,mil sped fications shall be available for review by the Director upon request.
8. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser.
The reports of t,ucll appraisers sholl be avoilable for inspection by the Director.
9. If any tmct or pnrcel of, or interest in, real property subject to being purchased under the
provisions of thi s ugreement, but not identified herein, is found by the Director for any reoson not
to be suitable for Federal ossistance, all obligotions of the United Stot.es hereunder shall cease as
to such parcel, troct or interest.
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C. Project r.osts
Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in
the Hanual.
D. Project I\dministration
1. The Stati! 5h<.l11 promptly submit such reports as the Director may request.
'2;
Propel~Y ond fncilities acquired or developed pursuant to this agreemen~ shall be available for
inspection by the Director upon request.
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IN REPLY REFER TO:
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF OUTDOOR RECREATION
SOUTHEAST REGIONAL OFFICE
810 NEW WALTON BUILDING
ATLANTA, GEORGIA 30303
I
DEe 28 1961
Mr. Ney C. Landrum
Director
Florida Outdoor Recreational
Planning Council
1543 Thomasvi11e Road
Tallahassee, Florida 32303
Dear Mr. Landrum:
Florida's Amendment No.2 to Project Agreement for Project No. 09"00007,
has been approved. A signed copy of the Amendment to Project Agreement
is enclosed.
The State may now bill us for expenditures incurred for this project
in accordance with section 675.5 of the Outdoor Recreation Grants-in-Aid
Manual.
Sincerely yours,
Roy K. Wood
Regional Director
Enclosure
By
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UNITBD STATES
DEPf..RTMENT OF THE INTERIOR
Bureau of Outdoor Recreation
Sta:te
,rida
Project Amendment.N~
09-00007.2
AMCNDMENT TO PROJECT AGREEHCNT
TillS AHENDHCNT TO Project Agreement No. 09-00001 is hereby made and agreed
upon by the United States of America, acting through the Director of the
Bureau of Outdoor Recreation and by the State of Florida , pursuant
to the Lund and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964).
The State and the United States, in mutual consideration of the promises made
herein and in the agreement of which this is an amendment, do promise as
follows:
That the above-mentioned agreement is amended by adding the following:
Increase total cost to $158.168
tncreaae total Federal share to $79.084
Increase in cost $18.168
Increase in Federal share $9,084
Ch8ng~ scope of project to include placing of all electric powerlines
underground. Justification of this change is explained in Florida's
letter dated September 15. 1967. attached hereto.
In all other respects the agreement of which this is an amendment, and the
plans and specifications relevant thereto, shall remain in full force and
effect. In witness whereof the parties hereto have executed this amendment
as of the date entered below.
THE UNITED STATES OF AMERICA
By ~'~~~{f( /,' } I
. ~i ';.:.1.: V:tal; Dil'actOl"
(Title)
Bureau of Outdoor Recreation
United States Department of
the Interior
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'Date ~ ~-o /~Pl? - 17 (.7
By
Mr UPY C; J~~r1r1tm
lName)
Director,'Florida Outdoor
nt>rrPQti9l1t'l Pl"'"ning ('oune!'
~ Title)
BOR 8-92 a
(Rev. Mar. 1967)
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.~act Sheet on
THE LAND ANt \'lA'rER CONSERVATION FUND PROGRAM*
Pre. "ions of the Program
Sources and FUIlL .J:~:)nev. The Land and Water Conservation Fund
derives revenue from (:.) admission and user fees at federal recre-
ation areas which meet certain qualifications: (2) net proceeds
from sale of surplus federal real property: and (3). the existing
federal tax on motorboat fuels. It also includes advance re-
payable appropriations by the Congress. These may average $40
million annually for an 8-year period, beginning in 1967. Money
in the Fund not appropriated within two full fiscal years shall
be transferred to miscellaneous receipts in the Treasury and will
no longer be available for purposes of the Act.
State-Federal Division of Fund Monev. Sixty per cent of
annual appropriations from the Land and Water Conservation Fund
will be available to the states as grants-in-aid, unless the
percentage is changed during the first five years by the President
or at any t~e by the Congress. These grants-in-aid to the states
may not exceed 50 per cent of the cost of planning, acquisition
or development projects. They may use the grants for outdoor
recreation planning, acquisition of land and water areas, and
development of such areas. A comprehensive statewide outdoor
recreation plan approved by the Secretary of the Interior is pre-
requisite to receiving grants for acquisition and development.
States mav transfer money received in Qrants to their
political subdivisions for local recreation proiects which are
in accord with the statewide plan. Forty per cent of money in
the Fund normally will be available to (1) certain federal
agencies for purchase of needed recreation areas and (2) for
payment into the Treasury to help offset capital costs of public
recreation and fish and wildlife enhancement at federal water
development prQjects authorized after the date of t~e Act.
Allocation of State's Share. The 60 per cent of the Land
and Water Conservation Fund available to the States shall be
apportioned as follows:
(1) Two-fifths shall be divided equally among
the states.
* Excerpted from Bulletin prepared by the Bureau of Outdoor
Recreation, October 1964.
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(2) Three-fifths shall be apportioned among the
states according to need. 'The Secretary of
the Interior shall determine needs under terms
set in the Land and Water Conservation Fund
Act.
Limitations on Land and Water Conservation Fund. The Fund
program provides no automatic financing. Money in the Fund can
be spent only upon appropriation by Congress. This will be done
through regular annual budget processes.
The Fund program provides no authorit~ for acquisition of
federal land and water areas. Areas acquired with Fund money must
be authorized by existing legislation or future acts of Congress.
I.
The program changes no existing procedures for disposal of
federal surplus real property.
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Questions and Answers _
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For States and Their Political Subdivisions
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1. Q. Who may receive Land and Water Conservation Fund money?
A. States and certain federal agencies named in the
Land and Water Conservation Fund legislation.
The states may transfer money to their political
subdivisions.
(In Florida: Beginning July 1, 1966, 50% of each
annual apportionment will be available for use by
local units of government.)
2. Q. On what basis is Land and Water Conservation Fund money
available to States?
A. Federal grants-in-aid may not exceed 50 per cent of the
cost of planning, acquisition or development projeqts.
3. Q. For what purposes may states receive grants-in-aid under
this program?
A. For three purposes: (1) for preparation of a comprehensive
statewide outdoor recreation plan and its maintenance;
(2) for acquisition of needed public recreation land and
water areas or interest herein; and (3) for development
of public recreation areas and facilities.
(In Florida: For the present, it.is anticipated that
Fund money will not be requested for maintenance of the
statewide plan. This will permit its concentrated use
on acquisition and development projects.) ,
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(2) Three-fifths shall be apportioned among the
states according to need~ "The Secretary of
the Interior shall dete~ine needs under te~s
set in the Land and Water Conservation Fund
Act.
Limitations on Land and Water Conservation Fund. The FuLd
program provides no automatic financing. Money in the Fund can
be spent only upon appropriation by Congress. This will be done
through regular annual budget processes.
The Fund program provides no authority for acquisition of
federal land and water areas. Areas acquired with Fund money must
be authorized by existing legislation or future acts of Congress.
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The program changes no existing procedures for disposal of
federal surplus real property.
Questions and Answers -
For States and Their Political Subdivisions
1. Q. Who may receive Land and Water Conservation Fund money?
A. States and certain federal agencies named in the
Land and Water Conservation Fund legislation.
The states may transfer money to their political
subdivisions.
(In Florida: Beginning July 1, 1966, 5~~ of each
annual apportionment will be available for use by
local units of government.)
2. Q. On what basis is Land and Water Conservation Fund money
available to States?
A. Federal grants-in-aid may not exceed 50 per cent of the
cost of planning, acquisition or development projeqts.
3. Q. For what purposes may states receive grants-in-aid under
this program?
A. For three purposes: (1) for preparation of a comprehensive
statewide outdoor recreation plan and its maintenance:
(2) for acquisition of needed public recreation land and
water areas or interest herein: and (3) for development
of public recreation areas and facilities.
(In Florida: For the present, it is anticipated that
Fund money will not be requested for maintenance of the
statewide plan. This will permit its concentrated use
on acquisition and development projects.)'
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Q.
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What are the primary ingredients of a comprehens~ve
statewide outdoor recreation plan?
Such a plan should inventory public and private, federal,
state and local, outdoor recreation resources. It should
include an estimate of demand for outdoor recreation.
It should evaluate future outdoor recreation needs in
the state, and should be subject to periodic updating.
It should set forth a program designed to meet present
and future demand for outdoor recreation opportunities
throughout the state. This should take into account
programs and plans at the federal, state and local levels
of government, as well as the private sector.
A.'
5. Q. Who is responsible for developing a state's comprehensive
outdoor recreation plan?
A. The responsible official or agency in each state is
designated either by the Governor or by state law.
(In Florida: The Outdoor Recreational Planning Committee
is specifically designated by Florida law as the agency
responsible for preparing and maintaining the State's
comprehensive outdoor recreation plan.)
6. Q. How do states qualify for aCQUisition and development
grants-in-aid under the Land and Water Conservation
Fund program?
A. They first submit a comprehensive statewide outdoor
recreation plan to the Secretary of the Interior and
ob~ain certification that it is adequa~e to the state's
long-term needs. The Secretary's regulations provide
for the states to submit acquisition and development
project proposalS to the appropriate BureaU of Outdoor
Recreation regional office for approval. The proposals
must include among other things a statement that the
state has available a given amount of project money
which it will use to match federal grants-in-aid.
7. Q. How may counties, cities, soil conservation districts,
and other political subdivisions of state government
qualify for grants-in-aid under this program?
A. Local public projects which are in accord with a ~tate's
comprehensive outdoor recreation plan may receive federal
grants-in-aid through the state agency designated to
receive such federal funds. To do so, the state agency con-
cexnedmust file a project proposal with the appropriate
BureaU of Outdoor Recreation regional office for approval.
The proposal must certify that a certain amount of money
is available to match federal grants-in-aid.
(In Florida: The criteria for determining the community's
eligibility, as well as that applicable to the state's
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review of project applications .. s .::stablished by the
OUtdoor Recreational Development Council.)
8. Q. Maya political subdivision of :.. ,:,t:ate apply directly
to the Bureau of Outdoor Recreai i OJ for grants-in-aid
under the Land and Water Conser'.'al:ion Fund program?
A. No: a political subdivision of ~ state may receive
money from the Fund only througr i~e agency designated
for such purposes by the Governe,r or by state law.
Likewise, other state agencies r.hculd apply through
the state's designated point of contact, not directly
to the Bureau of Outdoor Recreation.
(In Florida: The agency so designated is the Outdoor
Recreational Planning Committee.)
9. Q. When does the Land and Water Conservation Fund program
begin?
A. The Act became effective on January 1, 1965. Money
starts accumulating in the Fund on that date. No
payment may be made from it for costs or obligations
incurred or services rendered prior to the effective
date of the legislation establishing the Fund.
(In Florida: Participation in the program by local
units of government will begin with the apportionment
for fiscal year 1967, commencing July 1, 1966.)
10. Q. How much money will be in the Fund each. year?
A. Preliminary estimates anticipate that the Fund will
average about $180 million per year for its first 10
years. However, this level is not expected to be
reached for a year or two after effective date of the
Act. )
(In Florida: Florida's share of the Fund over the
first 10 years will average about $2~ million per year.)
11. Q. How does this become available for state and federal
recreation programs?
A. Annually the Congress will appropriate all or part of
the money which has accumulated in the Fund following
standard budget procedure~.
12. Q. How much of the money appropriated from the Fund by the
Congress will be available to the states and their
political subdivisions?
A. Unless the Congress provides to the contrary, 60 per
cent will go to the states in any given year. The
Presiden~ during the first five years may adjust such
percentage by as much as 15 per cent' in either di-
rection.
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,13. Q. How is the state I s share of the money appropriated from
the .Fund allocated?
A. TwO-fifths of all the money appropriated by the Congress
will be divided equally among the 50 states. The
remaining three-fifths will be available to the 'states,
District of Columbia, Puerto Rico, the Virgin Islands,
Guam, and American Samoa according to need, as determined
by the Secretary of the Interior. Legislation establish-
ing the program guides him in determining individual
state needs.
14. Q. How long is money in the Fund available to the states
and for federal recreation purposes?
A. Moneys appropriated from the Land and Water Conservation
Fund allocated to a state will be redistributed among
other states if not matched and used within two years
following the year in which it was made available. Money
lying in the Fund which has not been appropriated by the
Congress for state and federal use by the end of two
full fiscal years following the year in which it was
credited to the Fund will be taken out 'of the Fund and
placed in miscellaneous receipt:,s, of the Treasury. It
will no longer be available for Land and Water Conser-
vation Fund program purposes.
15. Q. To what state official or agency will federal payments
for approved Land and Water Conservation Fund projects
be made?
A. To the Governor or to an official or agency designated
by the Governor or state law.
(In Florida: Payment is made to the Outdoor Recreational
Development Council and the money is deposited in the
Land Acquisition Trust Fund of the State of Florida.)
16. Q. Since proceeds from sale of surplus federal real property
now will go into the Land and Water Conservation Fund,
will present surplus property disposal procedures be
change~?
A. No. The Land and Water Conservation Fund program does
not change any existing p~ocedures or purposes for which
federal surplus real property may be disposed. It simply
allocates net proceeds from sale of such lands to the
Land and Water Conservation Fund.
17. Q. Do states or their political subdivisions have to charge
entrance or admission charges at recreation areas established
with mone~ from the Land and Water Conservation Fund?
A.
. .
No; their policies on fees and charges are their own
responsibility. They may charge fees or no~ charge fees
as they see fit. '~
FORPC
10/11/66
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