RAILROAD REIMBURSEMENT AGREEMENT & ADDENDUM- BETTY LANE
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Department of Transportation
TOM WEBB, JR.
SECRETARY
Haydon Burns Building, 605 Suwannee Street. Tallahassee. Florida 32304
REUBIN 0'0. ASKEW
GOVERNOR
Division of Road Operations
:--
Mr. T. B. Hutcheson, Assistant Vice President
Seaboard Coast Line Railroad Company
500 Water Street
Jacksonville, Florida 32202
Dear Sir:
MGB
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Other
File
t~arch 29, 1977
Clearw~_ter englneerln,
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Section 15000-6914, State Road (Betty Lane)
Pinellas County, Parcel 1 (RIW SIGG)
Crossing rlumber: 626820-E; R.R. M.P.: SY-873.30
SCL File: 51-0-Fla.(Clearwater)-E
FHWA Number: SRS-OOOS(13)
He are enclosing one (1) fully executed agreement dated r4arch 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 Administration1s 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. ~1ax G. Battle, Clearwater Director of Publ ic Works, w/agreement
</'J('~ Mr. R. D. Liggett, Chief Engineer Communications & Signals - SCL
, Mr. B. B. Vaughan, Superintendent - SeL
Mr. C. W. Monts De Dca, District Engineer
Attention: District Utility Engineer, w/2 a
Comptroller, w/l agreement copy
Federal Aid Programs Manager
Division Administrator, F.H.W.A.
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CITY OF JLEARWATER
ENGINH,,;,<; DEPARfMENT
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FOR,'" 7:!2-,'O, ST, 'e: OF F:"'ORIDA ~E~~RT~l'::T'O:<'" TR/"NSPOr?TA1'N
1-74 _ DIVISION OF ROAD OPERATIONS
PA(OE 1 OF!l RAilROAD HEIMBURSEMENT AGREEMT
/t'lRADE CROSSING PROTECTIVE DEVICES AND FUTURE RESPONSIBILITY
(Municipal)
SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL lie R/W JOB NO.
FA P.NO.
000
6914
Betty Lan Pinellas
1
(SIGG)
SRS-OOOS (13)
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/fb/1ftilS AGREE~lENT, made and entered into this 7' date of mMd ,197-'1-,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the DEPARTMENT, and
SEABOARD COAST LINE RAILROAD COMPANY
, a
corporation organized and existing under the laws of
with it..:; principal place of business in the City of
Virginia
Jacksonville
Countv of Duval
Citvof Cl earwater
. State of Fl or; da hereinafter called the COMPANY; and thc
,a municipal corporation, hereinafter called the CITY.
\\1T~ESSETH:
WHEREAS, THE DEPART~IEl\T is constructing, reconstructing or otherwise changing a
portion of the State Highway System, desi~naled by the DEP.\.RTMENT 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 thf~ CO\IPANY at ;'l~)(lC foot xxro:o the COl\IPANY'S Mile Post
SY -873.30 , at or near Cl earwater , Florida as shown on DEPART-'IENT'S Plan Sheet No.
attached hereto as a part hcreof,
NOW, THEREFORE. in consideration of the mutual undertakings as herein set forth, the parties
hereto agree as follows:
1. The CO:\IPA~Y shall furnish the necessary materials and install au~omatic e:rade crossin'y
. u"
signals and/or other protective de\;ccs at said location on an actual cost basis, and in accordance with
th", DEPART)IE~T'S Plans and Standard Index Number 1467 attached hereto and by reference made
a part hereof.
2. The COMPANY hereby agrees to install and/or adjust the necessary parls of its facilities
alon~ said road in accordance with the pro\isions set forth in the:
__(a) OEPART\IE;\T Procedure ~o. 1:32-0l6 "Reimbmsemcnt for Utility and Railroad
Relocation," dated Odober 1. 1973. and Rule Ol~1.-16.02 "Responsihility for theCost
of Railroad/Highway Crossings." Florida Administrativc Code, dated February 3.
1971,
_ xx (L) Ft~dnal Hi~hway Admini"tration "Polit'y and Proc{'duft' \Iemorandum 30-3."
Transmittal21a. dated OctoblT 2(., 11)71. and Federallli;;ln..a:; Adminldration "Poli::\
and Procedure ,\lcnwrandullI 21.10," dated October :-L 1I)3B.
. ~ "
FORM 722-40
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"AGE 2 Of" 5
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and any ~upplements thereto or revision" thereof, v.-hich, by reference hereto, are made a part hereof.
The CO\lP:\\Y further ab'Tees to do all of such work with its own forces or by a contractor paid
under a contract let by the CO:\IPANY. all under the supervision and approval of the DEPARTMENT
and the Federal Highway Administration. when applicable.
3. The DEPART:'IIE~T hereby agrees to reimhursl' the COMPANY for all costs incurred by it
in the in~taUation and/or adjustment of said facilities, in accordance withthe provisions of the above
indicated Reimbursement Poliey, and any supplement~ thereto or revisions thereof. It is understood
and agreed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be subject to payment by the DEPART~IENT.
4. Attaehed 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 COMPANY 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 DEPARTl\IE~T 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
DEPARTl\IENT. (If upgrading and/or nonreimbursable work is involved at the option of the
COMPANY, 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 accomplished to
determine required credit for (betterment) and/or (extended service life) and/or
(nonreimbursable segmcnts).
_(b) All work involving nonreimbursable segments will be performed by SpCCi.ll COMPANY
work or job order number apart and separate from the reimbursable portion of the
work: such work job order number to be . The COl\IPANY further
agrees to clearly identify such additional work areas in the COMPANY'S plans and
estimates for the total work covered by this Agreement.
6. All labor, services, materials and equipment furnislll'd by the COl\IPANY in carrying Ollt
the work to be performed hen'lIIHkr ~hall he hilled hy the CO.\IPANY direct to the DEPART.\lENT.
Separate records as to the eosts of eontrad bid itcms and forcc aeeount items perfomcd for the
COMPANY shall al"o be furnished by the COl\IP:\\Y to the DEPART.\IENT.
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"O~M 722-,(,1)
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~AGE 3 OF !I
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7. It is spe~fieally 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.\IPA:'\Y as a result of the above installation and/or adju,~tment work.
8. It is further agreed that the eo:::t of all installations and/or adjustments made during this
installation work shall be borne by the CO"PA~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.\IPA~Y shall, within one hundred twenty (120)
days, furnish the DEPARTMENT 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
following the pattern set out in the approved estimate a:o: 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, jf 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 expellsc 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 DEPART~IEl'IT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the DEPART~IENT agrees to reimburse the
COMPANY ill the amount of :,ueh actual costs as approyed by the DEPARTMENT'S auditor. The
DEPART~IE:'\T shall retain ten per cent from any progress payment.
10. Upon installation of said protective devices, the expense thereof in keeping same in a
good and safe condition ,\;ll:
XX_ (a) immediately revert to the CITY and the CITY joins herein for the purpose hereof.
_ (b) be borne by the DEPART~IE:\T for a period not to exceed from the
date of compldion of the aforementioned project. but not to exceed the amount of
fifty per cent (50~n of the CO:-il enumerated by the Schedule of Annual Cost of
Automatic Highway Grade Crossing Protective Devices attached hereto and by this
FORM'722-40
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PAGE 4 OF 5
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
DEP AR TMENT or the CITY, whichever is applicable under the foregoing paragraph, for costs thus
incurred.
11. 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
?r adjustment of said protective devices shall be performed by the COMPANY with the DEPARTMENT
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 same.
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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reprf:sr;ntiltiv~~, \.:hich loss, dc.r;:?CJ~ Ql' in.;ury sh(:ll be borne by the
DU';\Ii.T;~[;n c;,:c':;Jt as oti:cr',Ji s'? cO'/(:l'.::rj L.'/ Lor-ids 01' i nSU,.2ncc.
14. It is uqrccd !Jc:tI!cen the PJt't1e3 hCl'Ct0 th.'\t the cost of inst.:lll-in'l
auto:::atic prot':'ctive c1cviu.s at su'jd cro:;sinl1 b(~ borne jointly bct;.:ecn
th2 CfT'( und t:l'2 D=?;'!:I:~;::n ;'iith t;if: CITY n~sr):)nsibl~ for ten ner c2nt
(10:;) of th~ 2.ctu;'jl co:,t. The CITY u;,cn e:':~c'Jti(m of this d(jrc:~~::nt S:l.:::n
fUl'ni~h to tl:G ~;::?!\~n~:::;;T ::IS acbai.ce Ou\/i'~Cllt a nel"Jot;d~le vouch:-::, r.~::aC2 !l':'/-
able to Ui-2 O::?;.:-:-:-:'!:::rr ~()r ten p~r cent (Ie:;;) of th::; cstir':aV::d cost c()n~
tair.cd in p2.r~':r,~ph 4 t:/;::)1/'2. Sh::>uld F:i~ fin~l cost b2 less thanl:st'>'dt.~(;
cost, ref~nd to th~ CITY siHl1 he ~:}~e. S:-:oulrJ th2 final cost b~ r;n';;~~.. th::i1
the c;r.ount pn;,/iousl'/ D::id D.', t~j~ CITY. th~ CITY shall , U~IO:: rccci!Jt of ~li1i-
ing, pay to th~ [;EP;\~~r:c:~rr the balc.rice due pursuant to purugr't1D!1 9 h2l'Cof.
ParagrJ~h 14 added prior to execut;o~ by parties hereto.
IN t-!n~lESS ~fHEh;.F.Of, the D3. rti r:s hereto h,wc caus~d these I)reSP-!"lt to
be executed by their duly aut~oriz~d officers, and their official seals
hereto affixedt the day and year first above written~
STATE OF FLO~ID~
DE~"P-"""l'r ,,- "r.~"'SP)O~RTrI I~O'1
BY:"~iu~
mESr.: ~~ I C\()~~ ,,/1: '(SEM)
. ~~ ~c;crc:::Ul<{
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~sc.~\.. (CO'..P['~;'t.)
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~~'b~ BY:
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Countersigned.
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Appro\!',l :\... to r~ ~11l. I_, '~Jlr!~ ~II'! L~rrutHHl
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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 natbe 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
(500/0) 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 Addendum
to. be executed by their duly autharized afficers, and their afficial seals
hereto. affixed, this
da y af
, A.D., 1977.
~
STATE OF FLORIDA
DEPART~NT % ~..SPORTATION
By ;;:~4au~
Attest: D~ ::~r o~;:dm~
E:~J; Secretary
WITNESSES:
~C~
C ~~-i~~
As to. the Campany'~ ,
EABOARD COA T LINE RAILROAD COMPANY
Attest:
H. W. MartensAssistant
.
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By
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WITNESSES:
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:?hr _ ~~;?;;; c!: t!c~
As to the City
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FLORIDA
By
Attest:
City Clerk
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Countersigned: ~~~~
Mayor-Commiss. e~/
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FORM 722-48
1-74
PAGE I OF I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF ROAD OPERATIONS
RAILROAD GRADE CROSSING PROTECTIVE DEVICES
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL Be 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: ~al1road Signal installation
B. TYPE OF ROADWAY FACILITY:
2 1 ane urban
D. TYPE CROSSING PROPOSED:
None
INDEX:
SY-873.30
GRR-Dl
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*
I Flashing Signals - One Track $ 650.00
II Flashing Signals - Multiple Tracks $ 860.00
III Flashing Signals and Gates - One Track $ 980.00
IV Flashing Signals and Gates - Multiple Tracks $1,230.00
*Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Protective Devices.
EFFECTIVE DATE:
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
February 3, 1971
20.05, F.S.
338.21, F.S.
I I
SEABOARD ClIMST mm JtAtLRW) ~-
To: nOl'ida ~t of ~ticn
Project Raf. 15100-111-
1Dcaticn: CluIw&1:ll~t na.
StL HUe Pest: SY-'73.30
Iblta: Betty x...
Dlsari.pt1on: Ina1:aU tlaIhiDg ~ a1p1a mc.t ...., ('l)pe III. ~. IV,
'l'nlftJ.o Cclatml DIvIc.).
~ Ccet
Hatexd.al Cost
Sale8 Tax
18 ,100
fLr4lJ III
720
900
~to~
Total Hateral CCet
CnMti.t for IelMMd Material
liet HatIerd.al a.rt
100
F.ngineeri.ng
19,720
-
19 ,720
&00
301
901
6.000
2,555
Pl\.B O:IIpoei... Add1d.w
Total ~
CaIa'tNcrticn ~
Plua CaIIpnoaite Adcd:ti..
ToUl Can8tnIatian LIIbor
SUpp~ l.amd.t)' '" w.-
Trawl A1l~ IDCl ~M
Tr~tion of EquiJ j;qTlilt 1D PNjeat
F4qip-wat~
Traffio Sipal DllYiOM (~)
E8tiMted HatIerd.al ed LIMr o.t
8,555
100
1.6"0
120
800
150
O:lntingenciee
TarAL ESTDWrED cmr
Outside party Eni~ o.t
Offiaa of Odaf ~,~ .nd Si&naJ.a
JadaIalvilla, n&. Dlt$:1 ~. 11. 1976
31,986
1,614
33,600
$33,&00
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SEABOARD OOJST 1lNE MtlJ()AD a::JtIPNri
To: Florida ~t of~.
Project Ref. 15000-111"
Location: C1uJwfl'tel'. na.
sa. Mile Po8t: SY-873,.30
!bute: Betty Law Avenue ~ Inv. No.: 626820E
IaCl"iption: Install fla8bing li&h't aipala with bell and gatee
(Type III, a.. IV s1gnal fac:W:ty).
Eatima1:ed Haterial
Pr.imuy Pc:wer (Ae) Equlpwrt , Lisbtning
Pmteatian. $ 313.
SeCClldl.ty PclIIR (S1DNge Batte:r.la). 1,071.
Sig,nal. O:Jnuo1 EquipNJnt (Shop wiNd inat. case) 5,llS.
1 - Signal .....1y t .. Ji&hta 735.
2 - CCIIbined Sipal & Qate ~-"""u.a. 7 ,220.
Lot - ti1delpOlDd CaDle 1,775.
10 - Insulated joints ....9.
Trade Haterial (Connecdana, Etc.) /f3S.
Precast Fcotinga, 0:IDanrta Mat.eri.al, s..tt.%Y ~, etc. 577.
100 - ft. 3" Ccrdd.t. 177.
Mi8e. 133.
$18,000.
Office of 0Waf U1&inMr ~ l'licatiaw a1d SianaJ.a
JadalcnvilJ.a, FlA. :Dmn ~ 16, 1976
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RAILROAD CROSSING MAP
IN FILE
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