ACHD Ten Mile AZ 10-005ADA COUNTY RECORQER Christopher D. Rich AMOUNT .00 12
BOISE IDAHO 03123!11 09:29 AM
DEPUTY Vicki Allen III I'lllll'IIIII'III~l~lll~l~l~ I ~~ II~
RECORDED-REQUEST OF 111024535
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ada County Highway District, Owner/Developer
DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
THIS
~''da of w , 2011, by and between City of Meridian, a municipal
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oration of the State of Idaho, hereafter called CITY, and Ada County Highway District
core
D 3775 N. Adams Street, Garden City, ID 83713, hereinafter called
(ACH ),
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
e uity, of certain tract of land in the County of Ada, State of Idaho,
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described in Exhibit A for each owner, which is attached hereto and
b this reference incorporated herein as if set forth in full, herein after
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referred to as the Property; and
1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may,
b ordinance, require or permit as a condition of re-zoning that the
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Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for re-
zoning of the Property described in Exhibit A, and has requested a
designation of R-4 (Medium -Low Density Residential District),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT - ADA COUN~r HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 1 OF 10
REAS record of the roceedings for the requested annexation
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zonin desi ation of the subject Property held before the
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nnin & Zonin Commission, and subsequently before the City
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ouncil include res onses of government subdivisions providing
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rvices within the Cit of Meridian planning jurisdiction, and
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received further testimony and comment; and
WHEREAS Cit Council, the 22nd day of February, 2011, has
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a roved City of Meridian Planning Department Staff Report, set
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forth in Exhibit B, which are attached hereto and by this reference
inco orated herein as if set forth in full, hereinafter referred to as (the
Findings); and
1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter
into a develo ment agreement before the City Council takes final
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action on annexation and zoning designation; and
1.9 OWNER/DEVELOPERdeems it to be inhis best interest to be able
to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at his urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
bein established as a result of evidence received by the City in the
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proceedings for zoning designation from government subdivisions
roviding services within the planning jurisdiction and from affected
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roperty owners and toensure re-zoning designation is in accordance
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with the amended Comprehensive Plan of the City of Meridian
ado ted August 6, 2002, Resolution No. 02-3 82, and the Zoning and
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Development Ordinances codified in Meridian Unified Development
Code, Title 1 1.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3, DEFINITIONS: For all purposes of this Agreement the following words,
terms and hrases herein contained in this section shall be defined and interpreted as herein
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rovided for, unless the clear context of the presentation of the same requires otherwise:
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DEVELOPMENT AGREEMENT - ADA CouNTV HIGxwAY DISTRICT TEN MILE (AZ 10-005) PAGE 2 OF 10
:means and refers to the City of Meridian, a party to this
3.1 CITY
A Bement which is a municipal Corporation and government
ivision of the state of Idaho, organized and existing by virtue of
subd
law of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho 83642.
NER/DEVELOPER: means and refers to Ada County Highway District,
3.2 OW
se address is 3775 N. Adams Street, Garden City, ID 83713, the party that owns
who
and is develo in said Property and shall include any subsequent owner(s) or
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developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned R-4 (Medium -Low
Densit Residential) attached hereto and by this reference
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incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
llowed under Cit 's Zonin Ordinance codified at Meridian Unified
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Development Code § 11-2A-2.
4.2 No chap e in the uses specified in this Agreement shall be allowed
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without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
S.1.Owner/Developer shall develop the Property in accordance with the
following special conditions:
a. Future access to this site shall be in accord with UDC 11-3A-3.
b. The commercial use activities located at 3175 N. Ten Mile Road shall cease
when one of the following occurs on the property:
1) the property is sold and redeveloped or;
2) the use is abandoned.
c. Sanitary sewer shall be extended to this site upon re-development of the property
and that extension shall be borne by the owner.
d. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development. Existing non-conforming
DEVELOPMENT AGREEMENT - ADA CouN~ HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 3 OF 10
tures ma remain as is until the property redevelops in the future.
struc y
rocess a ro ert boundary adjustment for the purpose of
e. The applicant shall p p p y
203110031 and 51203110030) and shall include parcel
combining parcels (S 1 )
0 to create lots consistent with the R-4 zoning district once the property
#120311001
is annexed into the City.
CE PERIOD/CONSENT TO REZONE: This Agreement and
6, COMPLIAN ,
' ed herein shall be terminated, and the zoning designation reversed,
the commitments contain
f the Owner/Develo er or Owner's/Developer's heirs,
upon an uncured material default o p
' s to com 1 with Section 5 entitled "Conditions Governing Development
successors, assign , p y
' " of this a eement within two years of the date this Agreement is
of Subject Property gi'
' it has com lied with the notice and hearing procedures as outlined
effective, and after the C y p
67-6509 or an subse uent amendments or recodifications thereof.
in Idaho Code § y q
DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
7.
ZONING DESIGNATION:
Acts of Default. Either party's failure to faithfully comply with all of
7.1
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event ofOwner/Developer's default
of this A eement, Owner/Developer shall have thirty (30) days from
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recei t of written notice from City to initiate commencement of
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action to correct the breach and cure the default, which action mus
rosecuted with diligence and completed within one hundred eighty
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180 da s; rovided, however, that in the case of any such default
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that cannot with diligence be cured within such one hundred eighty
180 da eriod, then the time allowed to cure such failure maybe
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extended for such period as may be necessary to complete the curing
of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not
cured after notice as described in Section 7.2, Owner/Developer shall
be deemed to have consented to modification of this Agreement and
de-annexation and reversal of the zoning designations described
herein, solely against the offending portion of Property and upon
Cit 's com liance with all applicable laws, ordinances and rules,
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includin an applicable provisions of Idaho Code § § 67-6509 and
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67-6511. Owner/Developer reserves all rights to contest whether a
default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the
assi s of the parties hereto. Enforcement may be sought by an
DEVELOPMENT AGREEMENT - ADA COUNTY HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 4 OF 10
a ro riate action at law or in equity to secure the specific
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erformance of the covenants, agreements, conditions, and
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obligations contained herein.
7.4 Dela . In the event the performance of any covenant to be performed
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hereunder by either Owner/Developer or City is delayed for causes
that are beyond the reasonable control of the party responsible for
such erformance, which shall include, without limitation, acts of
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civil disobedience, strikes or similar causes, the time for such
erformance shall be extended by the amount of time of such delay.
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7.5 Waiver. A waiver by City of any default byOwner/Developer of any
one or more of the covenants or conditions hereof shall apply solely
to the default and defaults waived and shall neither bar any other
rights or remedies of City nor apply to any subsequent default of any
such or other covenants and conditions.
g. INSPECTION: Owner/Developer shall, immediately upon completion of
an ortion or the entirety of said development of the Property as required by this Agreement
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orb Cit ordinance or policy, notify the City Engineer and request the City Engineer's
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ins ections and written approval of such completed improvements or portion thereof in
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accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
g. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be terminated by
the City upon compliance with the requirements of the Zoning
Or finance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third readin of the Meridian Zoning Ordinance in connection with the re-zoning of the
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DEVELOPMENT AGREEMENT - ADA CouNTV HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 5 OF 10
Pro ert b the Cit Council. If for any reason after such recordation, the City Council fails
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to ado t the ordinance in connection with the annexation and zoning of the Property
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contem lated hereb the Cit shall execute and record an appropriate instrument of release
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of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
'urisdiction b either Cit or Owner/Developer, or by any successor or successors in title or
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b the assi s of the parties hereto. Enforcement may be sought by an appropriate action at
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law or in a uit to secure the specific performance of the covenants, agreements, cond ,
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and obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement, the parties agree that City
and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
dill ence be cured within such thirty (30) day period, if the defaulting
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party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be reasonably necessary to
complete the curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
DEVELOPMENT AGREEMENT - ADA CovN't'v HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 6 OF 10
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findin s of Fact and Conclusions of Law, this Development Agreement, and
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the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OwNER/DEVELOPER:
Ada County Highway District
3775 N. Adams Street
Garden City, ID 83713
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
DEVELOPMENT AGREEMENT - ADA Cote HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 7 OF 10
BINDING UPON SUCCESSORS: This Agreement shall be binding upon
19. .
e benefit of the arties' res ective heirs, successors, assigns and personal
and inure to th p p
atives includin Cit 's co orate authorities and their successors in office. This
represent g y ~
A eement shall be binding on the Owner/Developer of the Property, each subsequent owner
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and an other erson ac uiring an interest in the Property. Nothing herein shall in any way
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vent sale or alienation of the Property, or portions thereof, except that any sale or
pre
tion shall be subject to the rovisions hereof and any successor owner or owners shall
aliena ~ p
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
n written re uest of Owner/Developer, to execute appropriate and recordable evidence of
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rmination of this A eement if City, in its sole and reasonable discretion, had determined
to ~'
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid b a court of com etent jurisdiction, such provision shall be deemed to be excised from
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this A eement and the invalidity thereof shall not affect any of the other provisions
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contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, a eements, condition and understandings between Owner/Developer and City
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relative to the subject matter hereof, and there are no promises, agreements, conditions or
understandin ,either oral or written, express or implied, between Owner/Developer and City,
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other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
arties hereto unless reduced to writing and signed by them or their successors in interest or
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their assi s, and ursuant, with respect to City, to a duly adopted ordinance or resolution of
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City.
21.1 No condition governing the usesand/or conditions governing re-zoning of the
subj ect Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT - ADA Co~v't'v HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 8 OF 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
ADA COUNTY HIGHWAY DISTRICT
CITY OF MERIDIAN
gy~~ ~-c:~1~
Mayor T de Weerd
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ATTEST: ~,,~~ Q~ ~lE~ e''1,,~
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a cee olman Cit Clerk ~ ~~ ::
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DEVELOPMENT AGREEMENT - ADA Cou~v~r HIGHWAY DIST~uCT TEN MILE (AZ 10-005) PAGE 9 OF 10
STATE OF IDAHO, )
ss
County of Ada )
On this da of Id~~ 2011, before me, the
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undersigned, a Notary Public in and for said State, personally appeared
~ known or identified to me to be the person who executed
the agreement on behalf of the Ada County Highway District and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the d~y,~~ear in this certificate first above written.
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SEAL ~ ~~ ~ ; ~~ ~.:
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~,; ~,, ~ ~ ~ ; Notary Public f r Idaho
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STATE OF IDAHO )
ss
County of Ada )
On this 1 ~' da of 2011 before me a Nota
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT - ADA COUN~r HIGHWAY DISTRICT TEN MILE (AZ 10-005) PAGE 10 OF 10
A. Legal Description
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This parod caabdna 1.50 yea.
Frep~ad by: Clam K Barnett, PIS
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