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GRANT OF EASEMENT KEN BURKE,CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY,FL This instrument was prepared by INST# 2017041230 02/07/2017 at 11:58 AM and return to: J OFF REG BK:19311 PG: 2407-2414 DocTYPe:EASEMENT RECORDING- $69.50 J. Paul Raymond, Esq. D DOC STAMP: $0.70 Macfarlane Ferguson& McMullen 625 Court Street, Suite 204 CIearwater, FL 33756 GRANT OF EASEMENT This Grant of Easement is made this-!° Z day of e��.x � , 2017, by THE CITY OF CLEARWATER FLORIDA, a Florida municipal corporation, i s successors and assigns ("Grantor") in favor of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, its successors, assigns and affiliates and their respective invitees and licensees (collectively, "Grantee"), whose mailing address is: 5600 Mariner Street, Suite 200, Tampa, FL 33609. WHEREAS Grantor is the fee owner of certain real property located in Pinellas County, Florida, as more particularly described in Exhibit "A", attached hereto and made a part hereof(hereinafter the "Easement Property"); and Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as more particularly described in Exhibit "B", attached hereto and made a part hereof (hereinafter, "Benefited Property"), which Benefited Property is the intended site of a beachfront resort hotel including a parking garage facility to be constructed thereupon (the "Grantee Facilities"); and Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for the purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe' seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, (iii) a pedestrian focal point and entrance to Beach Walk called the Palm Court area which may include a fountain and other aesthetic features, and (iv) an easement for the construction, use and occupancy of the sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe' seating and other facilities as described in subsections (i), (ii) and (iii) above, including foundations and support columns and structures (collectively, the "Access Improvements"). Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby declare as follows: Page 1 GRANT OF EASEMENT 1. Adoption„of Recitals. The foregoing Recitals are hereby acknowledged as being true and correct, and the same are hereby adopted and made a part of this Grant of Easement. 2. Grant of Access Easement. Subject to the terms and conditions of this Grant of Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for the purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the Access Improvements, including foundations and support columns and structures. Notwithstanding anything herein to the contrary, Grantee acknowledges and agrees that its right to use and enjoy the easements granted hereunder shall upon completion of construction of the improvements upon the Benefited Property retrain in effect for so long as Benefited Property is developed and used in substantial accordance with the uses permitted under that certain Amended and Restated Development Agreement recorded in O.R. Book 16466, Page 1500, Public Records of Pinellas County, Florida, as subsequently amended from time to time (e.g. beachfront resort hotel associated parking garage facility and related facilities). 3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as well as all of their successors and assigns, and shall constitute covenants appurtenant to and running with the land described herein, and shall inure to the benefit and be binding upon the heirs, successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors and assigns. 4. Maintenance. Grantee shall be responsible for the construction and maintenance of the Access Improvements located on the Easement Property in a state a good condition and repair. Grantee shall perform all construction and maintenance in according with all applicable laws, codes and ordinances. 5. Notices. All notices, requests, demands and other communications which are required or may be given under this Grant of Easement shall be in writing and shall be deemed to have been given: (a) when received, if personally delivered; (b) the day after being sent, if sent for next-day delivery to a domestic address by recognized overnight delivery service (e.g. Federal Express); or (c) five days after being sent, if sent by certified or registered mail. 6. Attorneys.. Fees. In the event of any dispute arising out of this Grant of Easement or any instrument given in connection herewith, or in the event it shall become necessary for any party to employ counsel to protect the party under this Grant of Easement or any instrument given in connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, wether incurred out of court or in litigation, Page 2 including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 7. Binding Effect. This Grant of Easement, and all the terms, conditions, covenants, representations and warranties hereunder, shall be binding upon, and insure to the benefit of, the parties, their respective personal representatives, heirs, successors and permitted assigns. 8. Waivers. No action taken pursuant to this Grant of Easement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein, therein or in any document delivered in connection herewith or therewith. The waiver by any party to this Grant of Easement of a breach of any provisions of this Grant of Easement shall not operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of any other provision of this Grant of Easement. 9. Construction and Venue. The formation, interpretation and performance of this Grant of Easement shall be construed pursuant to and governed by the laws of the State of Florida. The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, cross claim, or other litigation arising out of this Grant of Easement shall be in Pinellas County, Florida. 10. Headings. The headings of the various sections of this Grant of Easement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Grant of Easement. 11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where such should apply. 12. Severability. If any clause or provision herein contained operates or would operate to invalidate this Grant of Easement in whole or in part, then such clause or provision shall only be deemed severed and not a part hereof, as though not contained herein, and the remainder of this Grant of Easement shall remain operative and in full force and effect. 13. Entire Agreement, Amendment. This Grant of Easement and all exhibits and schedules attached hereto together constitutes the entire agreement between and among the parties with respect to the subject matter hereof, which agreement supersedes all prior agreements and understandings, oral or written, between and among the parties to this Grant of Easement with respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise amended except by a written instruction expressly referring to this Grant of Easement and executed by the party to this Grant of Easement against whom such amendment is sought to be enforced. Page 3 IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this �3 day of f e , 2017. GRANTOR: Countersigned: CITY OF CLEARWATER,FLORIDA ll��,, o --C(�1lQ gct?"�.4 By: J George M. Cretekos William B. Horne, II Mayor City Manager Approved as a form: Attest: Qe �y`'yyye•r��`�'WA � C Pamela i . Akin Rosemarie Call v City Attorney City Clerk STATE OF FLORIDA COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of--J 2017, by William B. Horne, II, as City Manager of the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, on behalf of the corporation. He,[is personalltD ..known to me or [produced as identification]. Notary Public— Signature Print Name: My Commis' n r ;o,a public stab of F Patricia A Kuligowski My commissiW FF 044285 OF IV Expires 10190=17 Page 4 GRANTEE: Witnesses: K& P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K& P Partners Limited. Partnership, a Florida limited Partnership, Manager By: K& P Holding, L.C., a Florida limite ' bility compan e al Pa By: a Kiran C. Patel anaging ST ORIDA ) COUNTY OF fL-� ) Wlsbbro The foregoing instrument was acknowledged before me this 804", day of Javu 6n, , 2017, by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida limited liability company, General Partner of K & P Partners Limited Partnership, a Florida limited partnership, Manager of K & P Clearwater Estate, LLC, a Florida limited liability company, on behalf of the companies, who [is personally known to me] or [produced as identification]. sY TWoRiAE.TAYLOR Notary Public— Signat N MYCOMMISSION#EE881M :�•. we EXPIRES:R M 28,20017 Bonded Thru Notary Pabtic UndemrMrs Print Name: }em a��l^ L•�c [pr- _. My Commission Expires: y 7k]17 Page 5 Exhibit"A" Easement Property J:\485\t?wi}s\L5\489_LS-I_ta6ach--rsmt.dwg- Dec 14, 2016 0 7:25pm -- Is W411an THIS IS NX A SURVEY rHERE� MAY RE ADDITIONAL, RESTfITTIONS Ari-CCTiNG THIS PROPERTY THAT MAY BE FOUND EN TK PUBLFC RECORDS OF THIS COUNTY. THIS LEGAL DESCRiPTIC•N AND SKETCH WA5 PREPARED YiiITHOUT THE BENEFIT OF A TITLE POLICY. REAkRINGS ARE BASED UPONSEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: A parcel of land being a portion of Gulf View Boulevard Right-of-Way according to LLOYD-WHfTE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida, together with a portion of South Gulf View Boulevard Right-µof-Way, according to CITY PARK SIJBDfMSION, as recorded in Plat Book 23, Page 37 of the Public Records of Pinellas County, Florida, lying within Section 7, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Southwest corner of Lot 55, LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence N06'06'39"E, along the West line of sold Lot 55 (being the basis of bearings for this legal description), for 20.00 feet; thence leoving said West line of Lot 55, N83'53'21"W, for 35,00 feet to the point of intersection with the centerline of Gulf View Boulevard according to said LLOYD-WHITE-SKINNER SUBDIVISION, some being the point of intersection with the West line of vacated Gulf View Boulevard according to Official Records Book 17488, page 1094 of the Public Records of Pinellas County, Florfdo, some also being the POINT OF BEGINNING; thence N06'06'39"E, along said West line of vacated Gulf View Boulevard and the Northerly extension of said West line of vacated Gulf View Boulevard, respectively, for 471.39 feet; thence N49'05'46"E, for 21.57 feet; thence S89'25'51"E, for 0.77 feet; thence N38'39'45"W, for 4.33 feet, thence S48'24'02"W, for 22.19 feet; thence N41'35'58"W, for 1.40 feet: thence 544'31'14"W, for 31.10 feet; thence 506'13'55"W, for 97.92 feet; thence 383'46'05"E, for 0.55 feet; thence S06'06'42"W, for 15.97 feet: thence S83'53'21"E, for 2.56 feet to the point of intersection with a line 20,00 feet West of and parclfel with said West line of vacated Gulf View Boulevard; thence S06'06'39"W, along said line 20,00 feet West of and parallel with the West tine of vacated Guff View Boulevard, for 178.89 feet; thence N83'53'18"W, for 2.32 feet; thence S06'06'42"W, for 17.98 feet; thence 583'53'18"E, for 132 feet to the point of intersection with said line 20.00 feet West of and parallel with the West line of vacated Gulf View Boulevard; thence 506'06'39"W, along said Zine 20.00 feet West of and parallel with the West tine of vacated Gulf View Boulevard, for 139.75 feet; thence S83'53'21"E, for 20.00 feet to the POINT OF BEGINNING. Containing 9,788 square feet or 0,225 acres, more or less. Error of closure: 0.0053 feet (LCS) NOTE' THE GEMETRY PERTAINING TO THE PARCEL OF LARD DESCR€BEO HEREIN IS SOLELY BASED UPON T14AT CERTAIN SURVEY Ti TLEO `W0&HAM GRAND RCSCRT CLEAR*A7FA BEACH FS-QRE'OA'. 906 NUM3ER 2632-0041, DATED 4-6-2016, FIELD WoRK PERFORNEO ON 12-13-2016 CCNTAENEQ iN FrELD aG31t i", PAGE 55 AND REC00 DOCUMNTS A9 NOTED kEREIN AND IS SUBJECT TO AN ACCURATE FIELD BWNDARY SURVEY, PREPARED FOR: K & P CLEARWATER ESTATES, LLC . SHEET DESCRIPTION: LEGAL. DESCRIPTION AND SKETCH - BEACHWALK EASEMENT SCALE: DATE: DRANO; CA-=E CHECKED; SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 12-5-2012 LCS LCS Row SEE SHEET 2 FOR SKETCH JOB No.: EPR: SECRON: TOWNSHIP: RaxcE: REVISION 1; 12-14-2016 (LCS) 2012-0001 489 7 29 15 NOT VALID WITHOUT THE SIGNATURE FLORIDAA D F S I G AND THE 0 L RAISED &EOL OF €IDA LI 9£ SURVEYOR AND M E 4* -CONSULTANTS, INC. THINK IT. ACHIEVE IT. ROBERT G. , JR. PROFESSIONAL SURVEYOR AND MAPPER 3436 STARKEY SOVLEvARD, N@W P0RT R3CHeY. FLORIDA 3a 666 LICENSE NUMBER LS 4965 PHONE`18601 332-%947 to%'{127j 64t-}54g WWW DIWGN.C41 ",$,90,6767 STATE OF FLORIDA YS a Copwight 2€316 vfarda Desigr.Cansvitants, Inc. Drawings and camcepts may not be used ar reproduced with,-t written parmissrort. Sheet J— of G Page 6 s\4BS\Cw^y5�f,s\489-.,LS-'_beach-oamt.4wq - vec 14, 2015 0 L25prn - 130i)ahon 1111S IS NO A SURVEY THERE MAY BE ADDiTtONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY - .I'HIS LEGAL DESCREPTIQN AND SKFTCH WAS PREPARED WITHOUT Tiii 8F1 uff OF' A T"1TLE POLICY. REAR#NGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION ............... L1NS TA9LE LINE BEARING LENGTH L1 N4905'46'E 21,57` rur�Z' L2 N99'25'51"1Y 0.77' L3 N38'39'45'W 4.39' 0 50 too L4 548'24'02"W 22.18' ® L5 N41'35'56"W 1.40' L6 S44'31'14"W 31.16' 00' L7 9&3.48'05"E 0.55' SUBJECT PROPERTY = Ls S06'06'42"W 15.97' 9,788 SO FT OR 0.225 AC, 1-9 I S83-53'21'E 7.56' LOT 10 II j LLOYO_p t MORE OR LESS LID N83'53'la'W 2.3,2' -EkINNER Tp LOT s suBo7usoN 411 sDe•D&'4z-w 17.98'PB LOT 7 PG F2 t LI2 583'53'15"E 2.32' '---�-� „, L6T 6 LOT 5 t! 583'$3'21"E -�—� ; LOT 4 ( LOT 3 COASTAL 24.00' ! I � 1 LOT 2 LOT a ccosTRucnoN 39" - 506"06' ff f tcONT04 UNE Na3'53'27"W 139,75`W �a N T�O f S06'06! -�--.. �--r��_-.• -�� L 39" 35.00' � W N^vE"Q&'39'E, 2000,, 178.8&` L9-,.-.--� W LINF LOT 5a \` I. N06"a& ..CENTERLIVL ALF lY BEARING$AS , IS y POB .'fs gLW,,.. :Lt POC �5N�I uLFw�-E�W- DOULEVARD471.39' L50o h SW COR LRT 55 i> 1 '.`-.. — '�'7-�- 2, l mm R ! 40' IIp• SW COR OF s 1 LOT 4N I L- f L3 A LOT t j 26' OF LOT 55 ' -' '•-- LOT 44 � CITY PARK 7 tlRe CR i `¢T 53 ff LOTS L'T 4g� �" - { ISU60tAS14N 1 PG 8329 LDT 55 LOT 54 E Z �~ 1,0T 45 .1 `'I PE; 23, PG �.I. J LOTT'^5E f 1.10yo-WNfIr., I.OT 50 ¢ ---._� - !m � 37 r S3tIN7 �1 [-. SLIBDtVI$tON ER---- _«-`" [ LDT 4E 1 ? - -. ti""!' --- �Hd 13. PG E2 LRT 37`"- -..-.«_ •��6p 47 E v d # 0 1 - LQT g 6"'-p;R/w.... - p I.uT# VACATES t Gy 11i!!PT FII4 VflCA iBSSri; hod 6 LDT g9 LOT 979 LOT g ORE? 17488, tT s j G 7087 `"- 'OT NOTE, THE OEMETRY PERTAININ3 TO THE PARCEL OF LAND DESCRIBED<RF.IN IS SOLELY BASED UPON THAT CERTAIN SURVEY TITLED "WYACHAi4 DRANO IY[SORT _ %EARWATER 8£ALH FLORIDA", x4 NLUREA 2(312-oaol, DATED 4-6-2016, FiELO WORK PERFORMED ON 12-13-2016 CONTAINED IN FIF-i'D $Oak Incs. PAGE 55 ANtl RECORTI DOCUMENTS AS NOTED FtEPE1N AND IS SUBJECT TO AN ACCURATE FIELO BOUNDARY SURVEY. PREPARED FOR: K & P CLEARWATER ESTATES, LLC SHEET DESCRIPnON: LEGAL DESCRIPTION ANE} SKETCH - BEACHWALK EASEMENT SCALE: DAT- DRAWN: CALCEO: CHECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION 1" = 100' 12-5-2012 LCS LCS RCW SEE SHEET 2 FOR SKETCH ,ms No.: VN: sECTiON: Ta1RNS11P: RANGE; REVISION 1: 12-14-2016 (LCS) 2012-0001 4897 29 15 NOT VALID WITHOUT THE SIGNATIVRE AND THE ORIGINAL, RAISED SEA. PPA FLORIDAR FLORIDADA DESIGN SURVEYOR AND CONSULTANTS, INC. C -- T4i€A€K IT, ACIiIE/ IT. ROBERT C. WRIGHT, J . PROFESSIONAL SURVEYOR AND MAPPER 'Q3u STAR%EY SD U( EVARD, NEW PORT RICHEY, FLORIDA 344115 LICENSE NUMBER L$ 4965 PNQNF:(5RO)173-Ioa7 FAX:1721)a40-3548 WWW.F40egIGN.COM 1..9.NO.5f67 STATE OF FLORIDA �I)Copyrirlht 2GI6 F'W`fda Design Cansu1t0nt5,10c. Drowings and Con.opta may not be used or reproduced without written permission. Sheet -2— of G Page 7 Exhibit"Bn Benefited Property A mel of lwd al of lists 44,45,4S,47,48,49,50,51,5Z 53,S4,90,01,92,94,95 and v'aittl� > 93,97,9% r 101,102 and 55#UDYl3-UVYIM-�.�+ttidl MS71r)tt,as reao dW in PW '3,•Pege of(its RMC R0=d$of Plnatta5 0*ntV,FiArlda,Eeyathar faith a portlan of ItAvenue RV*d-My, WVv4 mr*m of �Gp�j��t�,,,,,'��.i.+10kr��,y�j.Iyy,�r,.t�p ` a��E{v�n �Gpfl�ty�fl�5t18AllYatsll.�y+1,was recerdeA�PIS Book Z,Pagre 60 a "�ftQDFd3 orl��w.we.`�,�1�ww#�r��mm a rd Arlt^-Way,(4ir4 iVMlilrt S%dm 7 vid$,TiD W4h0 29 SMO, 15 faSt ftwllakC"u*,�i l tf�rmm pw ttWy ditalbW as fdlcrrws; s COMM=at the A}Ort N0A iblW of txk-+", in m WA n,paw 12(Oft 3tdkC ltewds of Anekas CrnmtY,Florida,Same:In 07 [taut W q*rty� as flart�t 1t;" s�its Boast MOW, 2 d 1#14 the ttclttk�` P 2{rOantY,f kdo; ttw fol IoWng tour(4)wines aWxrg iha EaMmAbeadyartd flrieir ofgaid (S)the xx SMS151°F, along the North tine of sod Let 44,LUWD WHt7lw=S it t Stdt�lll�[`t1N,{ lrKi tha basisobtlat9lgs for""a dfta"Wb fhr 3.42 few M tMwe Iam"said Notal fine&IA 44, ltMF.R S1JOMP", K"WT,for 0,88 feet qo a punt of eurtrature of a qOm wxcavq Gael ,(3)t met Nwth&mt*akmV the arc of sal verve,hwWqlt rapt or 34.1117 feet,a�arVk of 45°1"3 ",an arc�+of 26,88 Iaa4 and p sdtortt bear*WV4!PU*e for MIS R�auto ttm pokpO Intal w v4tyh a ntxr-{Unigat Arse,fSam{beft a.�5SmAherJsY�t+awW cf t11VN. 64 �n MWert�y 1 e5oibe���{ . 4* y�j' h"�.Yom{ i�1j�ipag 2100,l4)#W)Mll (��M-W aakvV the South&&`of Pam�y,�'�[i,��.08*'Lv ft;@�yr}1,�;�.1�O;h;r r�yQry-WVai*�} .cmc ye,.,� 'Rw�,, thea 5��,1„�of so Parcal ,1, '. b&V the r41x{1 OF WWWWG,fElR1m titE fokrsl ing titres+(3)wases aloWft Naiti m of said Pamo'H"and U*Wei Erle of$at tetiain prop dem as Par'Gel'C in DRidal Rusts BacawfM4, 2110 of the"k ker3prdx of Plne6 m tatty,Florida, respectively,(1)thence lea,4rt,Q'SW t4tO� W'}f lifts of#ram' ,t eaSW*alorsg the arc of sail from a ramal beams of NDO 10"�,ttayatg*radko stf 112.00 h el,a tatter a of 5x'26'29",an art WAO of Stl2.S1 M4 and a Chord bemrkV tr€i4 WS5�4,#i 98.9F.feat 6 VA point of tants(2)the=SW9"19'S1"f,for 78.40 het to point of .cwvaWre of a Cursx+aavk,$WtKw(* dy,M twme Socidlentery along the arc or said curves,l"a rackx of 40.90(eek,a central angle of 9026W,an arc kno of 66.63 fed,and a Chord bwAV S410A%*t for 59,14 Rest to pow cf i1 d►t't4wvs`Av,siom Saw w4awly 1he or P*gpt C,the Soul wy ea w*m of sw 116e rly low of paw'" ,and � Ift of that c�rtatrt p vft�as ;7`" in said r�#els 80ok 56564,Pagtst21r10, ,fo+$07,33 feet to the Sm4hwesttaCrw of said parcel*W;thw-Ce ts3°mllw,along the NOM ktet rlf the Srn38ti 30.OD feet of ltd 10Z,40d t.i t3Yi'3-iA H f£41i1'ttM SIJ8231Yi ON.the North One of the SDA 20.{10 W of UkSS,UW 11 Hi't!"-SI0MW SMNIM K bull#ta Sotstiwf*finis of Said PwCd'C',mesa*, for-2AW feet tele Smghwest txarretti`of mid P,twi'G';Ow"P104°061M atostg the Westerly One of Spill Parom "G",for 41.39 fe*AiD a:ale WOV SWd WeAerly lilt of PAMd'G',N49%5%-f,far 31.57 Ap*tllretctt -584°2 Al't,ah"saki Nnrftdy Oft of Parcel'67 for 5.21 f d 0 the POINt OF BEC:iHtf NG. 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