RAILROAD REIMBURSEMENT AGREEMENT & ADDENDUM FOR JACKSON ROAD AND SEMINOLE STREET
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Department of Transportation
Haydon Burns Building. 605 Suwannee Street, Tallahassee, Florida 32304
REUBIN 0'0. ASKEW
GOVERNOR
TOM WEBB, JR.
SECRETARY
Division of Road Operations
rviarch 29, 1977
Mr. T. B. Hutcheson, Assistant Vice President
Seaboard Coast Line Railroad Company
500 Water Street
Jacksonville, Florida 32202
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Dear Sir:
Other
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File
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Section 15000-6914, State Road (Betty Lane)
Pinellas County, Parcel 1 (R/W SIGG)
Crossing number: 626820-E; R.R. M.P.: SY-873.30
SCL File: 51-0-Fla.(Clearwater)-E
FHWA Number: SRS-OOOS(13)
~le are enclosing one (1) fully executed agreement dated f4arch 9,
1977, involving your Company and covering the installation of grade
crossing traffic control devices estimated at $33,600.00.
The enclosed documents have been approved by the Department and you
n~y consider this notice as your authorization to proceed with the work under
the direction of our District Engineer. Please extend advance notification of
work by Railroad forces to our District Utility Engineer.
The work under this contract shall be performed in accordance with
the provisions of the Federal Highway Administration's Federal-Aid Program
Manual Volume 1, Chapter 4, Section 3, and/or Volume 6, Chapter 6, Section
2, as required. Should additional information or meeting with Department
representatives be needed, please let us know.
Sincerely yours,
E. M. Salley, P. E.
State Utility Engineer
EMS/rjt
Enclosure: 3 conformed copies and 5 prints of sheet 1
cC:, "Mr. r,1ax G. Battle., Clearwater Director of Publ ic Works, w/agreement
.;....,(';. Mr. R. D. liggett, Chief Engineer COJ11Tlunications & Signals - SCL
, t4r. B. B. Vaughan, Superintendent - SCL
Mr. C. W. Monts De Oca, District Engineer
Attention: District Utility Engineer, w/2 a
Comptroller, w/1 agreement copy
Federal Aid Programs Manager
Division Administrator, F.H.W.A.
~/ -/ 7 ~
CITY OF ,LEARWATER
ENGINH ..;,"'i DEPARTMENT
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FOn,M 7~2'.'1l, STA E OF FLORIDA DEPA~TMI':NT Of" TRANSPORTA1'N
"74 _ OIVISION OF ROAD OPERATIONS
I'A<<;;E' OF!l. RAILROAD HEIMBURSEMENT AGREEMENT
(1RADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal) .
UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL 8< R/W JOB NO.
F A P NO.
000
6914
(S I GG )
SRS-OOOS (13)
Betty Lan Pinellas
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,p/Tih: AGREEMENT, made and entered into thi, tJli- date of .~ ,1972,
by and between Lhe STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a componcnt
agblcy of the Stale of Florida, hereinafter called the DEPARTMENT, and
SEABOARD COAST LINE RAILROAD COMPANY
._,a
ccrporation organized and existing under the laws of
with it... principal place of business in the City of
Virginia
Jacksonville
County of Duval
. Cl earwater
City of
. State of Fl or; da , hereinafter called the COMPANY; and thc
,a municipal corporation, hereinafter called the CITY .
WIT~ESSETH:
WHEREAS. THE DEPART~IENT is constructing, reconstructing or otherwise changing a
portion of the State Highway System, designated by the DF.P..\RT.\IEI\"T as Job No.15000-6914 ,
between Jackson Rd. and Semi no 1 e St. ,which crosses at grade the right of way and
track(s) of tJlf~ COMPANY at X~)HC )00)( Jtxocro the COMPANY'S Mile P03t
SY -873.30 , at or near Cl earwater , Florida as shown on DEPAR T.\IENT'S Plan Sheet No.
attached hereto as a part hereof,
NOW, THEREFORE. in consideration of the mutual undertakings as herein set forth, the parties
hereto agree, as follows:
1. The COl\IPANY shall furnish the necessary materials and install automatic grade crossing
signals and/or other protective de\'iccs at said ~ocation on an actual cost basis, and in accordance with
the DEPART.:'IIENT'S Plans and Standard Index Number 1467 attached hereto and by reference made
a part hereof.
2. The COi\IPA.N Y herehy agrees to install and/or adjust the necessary parts of its facilities
alon~ ;,',lid road in accordance with the pruvisions set forth in the:
__(a) DEPART\IE:\T Procedure ~o. 132.0t6 "Reimlmrsement for Ctility and Railroad
Relocation," dated October 1. 1973. and Rule OI-l..I6.02 "Responsibility for the Cost
of Railroad/Highway Cwssings." Florida Administrative Code, dated Fehruary 3,
1971,
- xx (h) Fl~(kral Hj~hway Admini<:tration "Policy and Proccdun' ;\Ien:orandufll 30.3."
Transllli Hal 21 a. dated OcLobn 2(.. 1 t) 71. and Federal lIi:;h ",i1 :,\d;nilii~ tration "l'olic\
and Pnl("('dllrt' \kmurandlllll 21.10:' dated Octobc'r 3. 1/)58,
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FORM 722-40
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and any :,upplements thereto or revisions thl'reof, which, by reference hereto, are made a part hereof.
The CO\\P.\\Y furthpr agrees to do all of such work with its own forces or by a contractor paid
under a contraet let by the CO~IPANY. all under the supervision and approval of the DEPARTMENT
and the Federal Highway Administration. when applieablc.
3. The DEPAHT;\IE~T hereby agrees to reimhurse the COl\IPANY for all costs incurred by it
in the installation and/or adjustment of said facilities, in accordance with the provisions of the above
indicated Reimlmrsement Policy, and any supplements thereto or revisions thereof. It is understood
and agreed by and between the parties hereto that preliminary engineering costs not incorporated
\\;thin this agreement shalll10t be subject to payment by the DEPART:\IENT.
4. Attached hereto, and by this reference made a part hereof, are plans and specifications of
the work to be performed by the CO\IPA\Y pursuant to the terms hereof, and an estimate of the cost
thereof in the amount of S 33,600.00 . All work performed by the CO:\IPANY pursuant hereto,
shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEPART\IENT and, when applicable, the Federal Highway
Administration.
5. The installation and/or adjustment of the COMPANY'S facility as planned ()(~-will not)
involve additional work over and above the minimum reimbursable requirements of the
DEPART~IENT. (If upgrading and/or nonreimbursable work is involved at the option of the
COl\IP AN Y, then credit against the cost of the project is required and will be governed by the method
checked and described hereafter):
_(a) % will be applied to the final billing of work actually accomplishd to
determine required credit for (betterment) and/or (extended service life) and/or
(nonreimbursable segments).
_(b) AU work involving nonreimbursable segments will be performed by special COl\lPANY
work or job order number apart and ~paratc from the reimbursable portion of the
work; such work job order number to be - . The CO\IPANY further
agrees to clearly identify such additional work areas in the COi\IPANY'S plans and
estimates for the Lotal work covered by this Agreement.
6. AlIlahor. services. materials and equipment furnished by the COMPANY in carrying Ollt
the work to he performed hen'U1Hkr shall be billed hy lhe CO.\IPANY dired to the DEPART\IEXT.
Separate records as to the costs of contra,'t bid items and force accollnt items perfumed for the
CO~IPANY shall abu bc furnished by the CO\IPA\Y to the DEPART\IENT.
_111111 .
P'OtRM 722:-44
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7. It is spe~ficany agreed by and between the DEPARTMENT and the COMPANY thatthe
DEPART\IE:\T shall receive fair and adequate credit for any salvage which shall accrue to the
CO"PAi\lY as a result of the above installation and/or adjustment work.
8. It is further agreed that the cost of all installations and/or adjustments made during this
installation work shall be borne by the CO'IPA:\Y, subject only to the DEPARTMENT bearing such
portion of this cost as represents the cost of installation and/or adjustment of the previously existing
facility, less salvage credit as set forth in the immediately preceding paragraph.
9. Upon completion of the work the CO"PA~Y shall, within one hundred twenty (120)
days, furnish the DEPART;\lENT with two (2) copies of its final and complete billing of all costs
incurred in connection with the work performed hereunder, such statement to follow as closely as
possible the order of the items contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and other
services shall be shown in such a manner as will permit ready comparison with the approved plans and
estimates. 'Iaterials shall be itemized where they represent major components of cost in the relocation
follo,""ing the pattern set out in the approved estimate as closely as is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall be reported in said bills in
relative position with the charge for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on which the first
work was performed, or, if preliminary engineering or right-of-way items are involved, the date on
which the earliest item of billed expense was incurred; the date on which the last work was performed
or the last item of billed expense was incurred; and the location where the records and accounts billed
can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the abm"e indicated Reimbursement Policy, the DEPART"ENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPART.\lENT'S auditor. The
DEPART:\IE~T shall retain ten per cent from any progress payment.
10. Upon installatiun of said protective devices, the expense thereof in keeping same in a
good and safe condition will:
.}.X_ (a) immediately revert to the CITY and the CITY joins herein for the purpose hereof.
_ (b) be borne by the DEPART.\IENT for a period not to exceed from the
date of completion of the aforementiolled project. but not to exceed the amount of
fifty per cent (5WC) of the cost cllumerated by the Schedule of Annual Cost of
Automatic Highway Grade Cru:,sing Protective Devices attached hereto and by this
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FORM 722-40
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reference made a part hereof. At the conclusion of said time period, such maintenance
of the crossing and expense thereof will be transferred to and assumed by the CITY
and the CITY joins herein for the purpose hereof. The CITY agrees to notify
the COMPANY in writing at least thirty (30) days prior to expiration of maintenance
by the DEPARTMENT.
IT BEING EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option
and upon proper notification, perform such periodic maintenance work as required and bill either the
DEPARTMENT or the CITY, whichever is applicable under the foregoing paragraph, for costs thus
incurred.
II. After said automatic crossing signals and/or other protective devices have been installed
and/or adjusted and found to be in satisfactory working order by the parties hereto, the same shall be
immediately put into service, operated and maintained by the COMPANY so long as said COMPANY
or their successors or assigns shall operate the automatic grade crossing signals and/or other protective
devices, or until it is agreed between the parties hereto that the signals are no longer necessary at said
grade crossing, or until the said crossing is abandoned, or other legal requirements made which shall
cease operation and maintenance of signals thereat. The COMPANY agrees that any future relocation
or adjustment of said protective devices shall be performed by the COMPANY with the DEP AR TMENT
or the CITY, whichever is applicable at the time as governed in Paragraph 10 above, responsible for
such cost as specified at that future date. The COMPANY further agrees to assume full responsibility
for the continued operation and maintenance of such devices once they are placed in service.
12. The COMPANY expressly agrees to indemnify and hold harmless the DEPARTMENT
against each and every claim, demand or cause of action that may be made or come against the
DEPARTMENT by reason of or any way arising out of any defect, imperfection, failure to repair, or
failure to maintain, done, suffered, or permitted in or about such protective devices, and also every
claim, demand or cause of action against said DEPARTMENT by reason of any liability that is or may
be imposed on the DEPARTMENT under the laws of this State because of its participation in the cost
of such maintenance governed in Paragraph 10 (b) above, on account of any such defect, imperfection,
or failure to repair or maintain, done, suffered, or permitted in or about said crossing or crossing
protective devices, or on account of any action or omission on the part of the COMPANY in or about
the salTle.
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT of and from allliability~ claims and demands arising out'of work undertaken by the
COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or
committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting,
however, any loss, damage or injury arising out of or caused by the negligent actions, delays or
omissions done or committed by the D EP AR TMENT, its subcontractors, employees, agents or
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\':hich lass, d2i.:?(J~ Qt' in.iur'l sh,::l1 tJC~ borne by the
as otLc".'lis~ cOF:l'ed uy Londs 01' insllrc::ncc.
14. It is aqrL'cci L2tl!CCn the PJt'tie3 hc)'cto th.'lt the cost of inst~1l1'jn'1
auto:7:atic r:-ot~ctive device.s at su'jll crossinlJ be borne jointly bcn:-:on
th2 CITY l.nd t::~ D:?::.,::::;:::rr ~'Iith t~i0 CITY n:sr):)nsibl~ for ten DCl" c2nt
(10:;) of th~ c.ctu-il cost. The CITY u:;cn e:':'~c'Jti("')n of this dCjrc:~~~nt s:I,::,'11
fUt'ni$h to th.e: ;;::?:\'n~:::~;T uS ad'lc;-:ce ()il'r.'~C!lt a ne()otia~le vouch:-::' r~')c2 p::'/_
bl t tl.." -,:-:-::;'-;-:,-:-":::-'rr.(' 4", " '" I. r',(,'-') .r t',., ,t-"",",--'d .. ._
a e 0 ,- lJ...I.""i,-" .or !.l.:n pt.r c~n!. \ ~',) 0, 11- es 1",;11:_ (OS!. CiJ,l
tairicd in pcr:-;r;:ph~. c::!J:jV(:. Sh::luld U~i~ fin~l cost be iess than t:sC:,c:t'.::!i
cost, refcnd to th~ CfTY sh~ll he ~:}~e, Sr.ou1rJ th2 final cost b~ r;(C';;~~:' thc,:1
the c:r.ount DI'C'/fo~.Jslv D~-id 0" th:: ClTY. thl? CrTI' shall , ur)o~ rccc;nt of :,1i 1 i-
;ng, pay to' th~ GEPMT:C:Hr the Dalc,nee du'2 pursuant to p.::r~gi'Cl1)il 9' h2rcoi'.
ParagrJr-,h 14 added prior to executio:1 by parties hereto.
IN t'!n~lESS ~:i-{Er.:.F~O~, th~ D3.rtir:s her€?to have caus~d th€:se r)rest?~lt to
be cxecut~d by their duly aut~oriz(d offic~rs. 2nd their official seals
hereto affixed, the day and year first above written.
STATE OF FLO~ID~
DE~"!)-"-'I'r (j- '-r....Sp)o~nT'~ 0'/
BY:"""~~&~. .
ATTEST': ~~l 'C\{)~,~(Jl ' (SEA!)
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c~~-&- BY:
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f\s to rnc C,!.'"i"i
Countersigned.
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At'i'r(lo\l'~I ,.... to Fl;~lll. 1.1 ~'Jllr~. ~trl,~ E\(.( utHIU
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ADDENDUM
IT IS AGREED that the fallawing two. paragraphs may be added to.
the RAILROAD REIMBURSEMENT AGREEMENT, GRADE CROSSING,
:PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY, between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, SEABOARD
COAST LINE RAILROAD COMPANY, and the CITY OF CLEARWATER,
FLORIDA, pertaining to. the crassing to. be lacated between Jacksan Raad
and Seminale Street, and atherwise knawn as Jab No.. 15000-6914:
1. It is understoad by all parties to. this agreement that paragraph 2
af the main agreement shall nat be canstrued to. impase upan the City af
Clearwater maintenance wark ather than maintenance af the signal and gate
equipment.
2. It is understaad by all parties to. this agreement that the cast af
the type af maintenance referred to. herein is to. be barne jaintly by the City
af Clearwater and the Seabaard Caast Line Railraad Campany, with the City
af Clearwater1s share af such maintenance to. be no. mare than fifty per cent
(50%) af the annual maintenance cast af the signal and gate equipment, as
indicated an the attached schedule, subject to. future cast adjustment as agreed
upan by all parties to. the main agreement.
IN WITNESS WHEREOF, the parties hereto. have caused this Addendu.."'n
to. be executed by their duly autharized afficers, and their afficial seals
hereto. affixed, this
da y af
, A.D., 1977.
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STATE OF FLORIDA
DEPART~NT % ~~SPORTATION
By .l(4r.~~
D~LctarUf,Adm, i:'jstrati<5nA
Attest: ~
' Execut" e Secretary
WITNESSES:
c~~~
As to. the Campany" ,
EABOARD COA T LINE RAILROAD COMPANY
./ ;:.
By
Attest:
H. W. MartensAssistant
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WITNESSES:
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:?hI d/1,~ :J:;;; _c!' t!c~
As to the City
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FLORIDA
By
Attest:
I City Clerk
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counters:gned: ~ ~~.
Mayor-Commiss. er
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FORM 722-48
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
RAI LROAD GRADE CROSSING PROTECTIVE DEVICES
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL 8< R/W JOB NO. FA P NO.
15 000 6914 Betty Lane Pinellas 1 (SIG-G) SRS -OOOS (13)
AGENCY
SEABOARD COAST LINE RAILROAD COMPANY
A. JOB DESCRIPTION: ~anroad Signal installation
B. TYPE OF ROADWAY FACILITY:
2 lane urban
D. TYPE CROSSING PROPOSED:
None
INDEX:
SY -813.30
GRR-Ql
C. FDOT/AAR XING NO.:
626820-E
RR MILE POST TIE:
E. CLASSIFICATION CROSSING PROTECTIVE DEVICES: CLASS IV
TYPE
III
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING PROTECTIVE DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS
DESCRIPTION
COST*
$ 650.00
$ 860.00
$ 980.00
$1,230.00
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Flashing Signals - One Track
II
Flashing Signals - Multiple Tracks
III
Flashing Signals and Gates - One Track
Flashing Signals and Gates - Multiple Tracks
IV
*Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Protective Devices.
EFFECTIVE DATE:
February 3, 1971
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
20.05, F.S.
338.21, F.S.
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SEABOARD.. OOMT IDE JAILK)AJ) (X)loFANr
To: nor.i.da ~t of TrImportaticn
Project Paf. 15800-&91.. .
Locction: ClaaIwa1:er, Fla.
Sa, Mile Post: SY-873.30
lb.1t8: Betty LIne
Drlscriptiau In8ta11 n.hing lJ.abt 8J.aM1a and gatIt8, ('l)pe III, Claaa IV,
TNffic CclrtN1 Da~).
~ Cost
Haterlal Ccet
18,000
720
900
100
Sales Tax
Han~ing
'J.'lwwport&tia1 to Pm1ect
Total Material ec.t
CnMti:t for ~leued Matwia1
liet Hater.i.Al eo.t
19,720
--
19,720
600
301
901
6,000
2.555
8,555
100
1,6160
120
800
150
31,986
1 ,61"
33,600
$33,600
~
Pl\8 O:Bpoei1a Add1t1w
Total ~rin&
Cala'tNctian LIIbor
Plua CaIIIpoaite Iddi:t1w
Total Ccn8tructim LIbor
SuppleD8n'tal ltad.t;y on r..-ar
Trawl AllCM.nae md t~.
TlS18pwtation of r.q""Iatnt 10 Pmjeat
EquivnentIWrtal
Traffio Signal. DllYicu <o.'t:rucd.on)
EatiMted Material md LIbGr (bet
OJntingenclAae
TOTAL ESTItWl'ED COS'1'
outside party Ea'tiated o.t
Offiae of Odef En&f~Q ~~ md Signala
J4dcamville t na. DIte: Sept't rfl<<' 11 t 1976
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SEABOARD OOIST lINE MtLR)AD mHPR<<
To: Florida ~t of~.
Project Jef. 15000-111..
Location: CleaIwater. na.
SeL Mile Poat: SY-873.30
Route: Betty x..ne A~ C!alaina Inv. No.: 626820E
Descrd.ption: Ina'taU flMhing 1i&ht aipals with bell and gates
(Type III, Class IV sig,nal faciUty).
Eat:imated HatuUl .
Pr.i.maxyPaier(AC)Equi~tiLigtrtning
Pmteation.
SeOCl1d&uy Peller (S'tatNp Batter.lea).
Signal Cootxol Eq\Ji.~ (S!q> wiNd J.ut. case)
1 - Si.gn&l _...~, .. l1.ahts
2 - Ccabined Sipal & Gate Aa.......1ie..
Lot - tndelpO\l1d c.ble
10 - Inaulated jaints
Txw:k Haterial (Connacdona, Etc.)
Pracilst Footings, ~. MatezUl, .e.tt.zy boxes, etc.
100 - ft. 3" Cal4Iit.
Miac.
Offioa of Odef lngineer ~rd.catJ.ma and Siana1s
Jadti8onvilla, Fla. Dama: ~ 16, 1976
II
$ 313.
1,071.
s,us.
735.
7,220.
1,775.
449.
43S.
677.
177.
133.
$18,000.
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