HomeMy WebLinkAbout911486.tiff AR22a5974
RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT AND ACCEPT PERFORMANCE
BOND IN THE AMOUNT OF $17,850 AND AUTHORIZE CHAIRMAN TO SIGN - FLATRION
STRUCTURES COMPANY
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WHEREAS, the Board of County Commissioners of Weld County, Colorado, o r
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested N w
with the authority of administering the affairs of Weld County, Colorado, and CO a
WHEREAS, a Site Specific Development Plan and Planned Unit Development XI
C1 Plan, First Filing, was approved by the Board by Resolution dated July 31, 1991, o
for Flatiron Structures Company, and z nNi
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WHEREAS, Condition of Approval ttlb requires a road improvements agreement p a'
be executed and collateral for said improvements be accepted by the Board of �
County Commissioners, and o
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WHEREAS the Board has been �presented with a Road Improvements and n up
Maintenance Agreement with Flatiron Structures Company for paving of a portion C N
of Weld County Road 22, and X
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WHEREAS, the Board has also been presented with Performance Bond No. 400GR rn
8423, in the amount of $17,850.00, with St. Paul Fire and Marine Insurance n
Company being Surety, and O
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WHEREAS, after study and review, the Board deems it advisable to approve
said agreement and accept said bond. 0 o
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld O Or
County, Colorado, the Road Improvements and Maintenance Agreement with Flatiron o
Structures Company be, and hereby is, approved. O
BE IT FURTHER RESOLVED by the Board that Performance Bond No. 400GR 8423,
in the amount of $17,850.00, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
PL0814
911486
10), 8 �� ; EC-, HP/ PL
Page 2
RE: ROAD IMPROVEMENTS AGREEMENT - FLATIRON
The above and foregoing .Resolu.tion was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of December, A.D. , 1991.
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BOARD OF COUNTY COMMISSIONERS o r
ATTEST: WELD COU OLORADO CO 4)t•-)
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Weld-C linty Clerk to the Board ?y
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Deputy 4,jirrk to the Lard 1 George Ken dy, Pro-Tem z• co
APPROVED AS ‘, FORM: EXCUSED DATE OF SIGNING - (AYE)
Constance L. HarbertI-3 at-
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County Attorney C. W. Kirby
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W. H. Webster
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911486
COurJTY OF WELD, STATE OF COLOFwDO ' 1,�7rrc,!l'4villa
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ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT I 1991 J
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THIS AGREEMENT, made and entered into this /- day oflecem Le-, 1991, by and
between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "COUNTY" AND
FLATIRON STRUCTURES COMPANY, hereinafter called "OWNER".
WHEREAS, OWNER has applied to the COUNTY for a PUD Plan, Case No. S-316, for contractor
offices, shops, and storage area located in the W 1/2 of the SW 1/4 of Section 11, T2N, R68W of
the 6th P.M., Weld County, Colorado and
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WHEREAS, the development may eventually increase traffic on Weld County Road 22 (WCR 22), l to.,
and O 41.
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WHEREAS, the County Commissioners have requested the Paving of a portion of WCR 22, n �
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NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, z N
the COUNTY and OWNER agree as follows: z n
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A. To execute an agreement pursuant to the Weld County Policy Regarding Collateral for a
Improvements prior to the initiation of any development activities in the FLATIRON n o
PUD which specifically increase traffic on WCR 22; such agreement to include �
provisions as follows: z 03
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1. Access onto WCR 22 from the property shall be limited to a maximum of three, tt:, "'
one at the east property line, one at the existing entrance to the Service Facility x
which shall remain in its current configuration without modification, and one czn ol
optional access midway between the two above mentioned entrances.
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2. OWNER agrees to pay 35%, to a maximum of $17,850.00, of the total o
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improvement cost of paving WCR 22 to OWNER'S east property line, estimated t73 .0,
by the county to be $51,000. OWNER'S share of the improvements is based z o
upon actual traffic counts obtained from the COUNTY, and an additional 20 t o
vehicles per day attributed to the proposed accesses onto WCR 22. o
3. WCR 22 shall be improved from OWNER'S east property line westerly to the o w
existing pavement at the intersection of WCR 22 and the I-25 Frontage Road. o
The roadway typical section shall be 36 feet wide and consist of a 3 inch Hot o 4,
Bituminous Pavement on a 10 inch Class 6 Aggregate Base Course.
4. OWNER, through the paving contractor yet to be named, will warranty and
maintain the improved portion of WCR 22, subject to their 35% participation
limit, for a period of one year, after such time the COUNTY shall be responsible
for maintenance.
5. All construction materials shall be in accordance with the State Department of
Highways, Division of Highways, State of Colorado, Standard Specifications for
Road and Bridge Construction, latest edition.
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6. The COUN Y shall pay for all engineering services associated with design of
the roadway.
7. The COUNTY will provide testing and inspection for the construction.
8. Lot 1 may not be sold until WCR 22 has been improved, and the current owner
of Lot 1 may construct an additional access onto WCR 22 for occasional
access.
B. OWNER agrees to participate in a Local Improvement District pursuant to CRS 30-20-
601 et seq. in the event one is established to fund the improvements to WCR 22
1")provided that the project assessment is equal to or less than the estimated cost of
improvements listed in Paragraph A of this agreement. In the event a Local CO w
Improvement District is established, OWNER shall not be required to enter into the � a
agreement set forth in Paragraph A. �
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C. Parties agree that this agreement shall constitute a covenant running with the land. k O
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IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year z (cm°
first-above written.
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FLATIRON STRUCTURES COMPANY BOARD OF COUNTY COMMISSIONERS o
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By: By:
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Title: PraairiPnt Title: CHAIRMAN x r
12/23/91
ATTEST: MAGeadtekt x a)
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Weld County 114%,'� -: .r _ _ _-07 N" Clerk to `72j1 ;1• 4,
the Board it l l
By: �,)12P(���" � Yl t z c
DEPUTY CL 8&K TO THE BOARD
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40:•(fAr MEMORAnDUM
win)Cp . Board of County Commissioners December 20, 1991
To Date
Rod Allison, Principal Planner Ad
COLORADO From /`/7
Road Improvements and Maintenance Agreement for
sobject. Subdivision Case Number S-116 (flatiron Structures
uompany) .
The Department of Planning Services' staff recommends that the Road Improvements
and Maintenance Agreement for Case Number S-316 be approved. The County Engineer
and County Attorney's office have reviewed and recommended approval of this
agreement.
9114tl6
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POND N0. 40CGR 8423
PERFORMANCE BOND
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KNOW ALL MEN BY THESE PRESENTS : That
FLATIRON STRUCTURES COMPANY
Name of Contractor
P.O. Box 2239, Longmont, CO 80502-2239
Address of Contractor
a Corporation - , hereinafter celled :rf.nciral, and
Corporation, Partnership, or individual
ST. PAUL FIRE AND MARINE INSURANCE COMPANY _
Name of Surety
12250 East I1iff Avenue #400, Aurora, CO 80044-1565
Address of Surety
hereinafter called Surety, are held and firmly bound unto THE BOARD OF `VELD
COUNTY COMMISSIONERS , 915 10th Street , Greeley, Colorado SCo32 , :hereinafter
called County, in the penal stun of
SEVEN= THOUSAND EIGHT HUNDRED FIFTY AND
NO/100 Dollars ($ — —17,850.00 }
in lawful money of the United States , for the paynent of • hic'o sum cell and
truly to be made , we bind ourselves , succass,ors , and assigns , jointly and
severally, firmly by these presents .
THE CONDITION OF THIS OBLIGATION is such that whereas , ,.na _ ._....__ a'_ encere.i
into a certain Conctect with the County, dated the '' day o
Let yLhfiv 1991, a copy of which is attached and made apart
hereof for the construction of: Offsite Improvements on Weld County Road 22
NOW, THEREFORE, if the Principal shall well , truly and fa_ _..:__
duties , all the undertaking, covenants , terms , conditions , shS agreements of
said Contract during die original term thereof, and any extensions :hereof
which may be granted by the County, with or without notice co the Surety and
during the one year guarantee period, and if he shall satisfy a1'_ claims and
demands incurred under such Contract, and shall fully indemnify and save
harmless the County from all costs and damages which it may suffer by reason
of failure to do so, and shall reimburse end repay the County all outlay and
expense which the County may incur in making good any d°.'= t . hen t:-,`_s
obligation shall be void; otherwise to remain in full force and effect .
BOND NO. 400GR 8423
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates
and agrees that no charge, extension of time, alteration or addition to the
terms of the Concracz or to work to be performed thereunder cr the
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g the same shall in any ay affect gation on
aoecYiicat_ons acccmps;r +^ ' is col'
this bond, and it does hereby waive notice of any such change , extension o:
time , alteration or addLtion to the terns of the Contract of .he work or to the
specifications. .
PROVIDED FURTHER, that no final settlement between the County and the
Contractor shall abridge the right of any beneficiary hereunder , whose claim
may be unsatisfied.
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IN W TNESS WHEREOF, this inscrument is executed on �.i day of
IN.JUC.¢irn.a-u.— , 49c!! .
EC FLATIRON STRUCTURES COMPANY
ATT ST Principal
G --)
ne 1 Sec, tary
7wT Ey It-1 `�N��r/ (—�� �)
11 \ C
(SEAL)
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i 41c,,c, t.i e ? _ TCt.,_ L P.O. Box 2239
Witness as Co P<ncipal / Address
Lonyaunt, CO 80502-2239
A dress
ATTEST. // � ,
,� / 'fi �6/�✓�Cf
ST. PAUL FIRE AND MARINE
Surety Secretary ,� INSURANCE COMPANY
Surety-,
(SEAL ' `\� . C). �1/1 _
Witness as to Surety -' .,. pact`
DiLynn tuern
12250 E. I17= Arn. 4400
1??1 Wadsworth Blvd. �'—
Address
Address
Lakewood, CO 80215 Aurora, CO 80044-1565
NOTE: Dace of bond must not be prior co date of Contract. If
Contractor is a partnership, all partners should execute bond.
IMPORTANT: Surety Companies executing bonds must appear on the
Treasury Department's most current list (Circular 510 as
amended) and be authorized to transact business in the
state where the project is located.
01 �5? .v
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BOND N0. 4000R 8423
PAYY.ENT ?CND
KNOW ALL MEN BY THESE PRESENTS : That
FLATIRON STRUCTURES COMPANY
Name of Contractor
P.O. Box 2239, Longmont, CO 80502-2239
Address of Contractor
a Corporation _, hereinafter called Principal , and
Corporation, Partnership or Individual
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
.Name of Surety
12250 East I1iff Avenue ,'x'400, Aurora, CO 80044-1565
Address o£ Surety . -
hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD
COUNTY COMMISSIONERS , 915 10th Street, P.O. Box 758 , Greeley, Colorado 80632 ,
hereinafter called County, in the penal sum of - SEVENTEEN
THOUSAND EIGHT HUNDRED FIFTY AND NO/100 Dollars
($ ----17,850.00 ) in a lawful money to the United States , for the
payment of which sun weil and truly to be made , we bind ourselves , successors ,
and assigns , jointly and severally, firmly by these presents .
THE CONDITION OF THIS OBLIGATION is such that whereas , the Principal entered
into-\ certain Contract with the County, dated the �?� day of
bL-Q.0 rfti i , 1991, a copy o£ which is, herato attached and. made a part
hereof for the construction of: Offsite Improvements on Weld County Road 22
NOW, THEREFORE, if the Principal shall, during the entire length of said
Contract and any extension thereof, promptly make payment to all persons ,
firms , subcontractors , and corporations furnishing materials for cr performing
labor in the prosecution of the work provided for in such Contract, and any
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authorized extension or modification thereof, including all amounts due for
materials , lubricants , oil , gasoline, coal and coke , repairs on machinery,
equipment and tools , consumed or used in connection with the construction of
such work, and all insurance premiums on said work, and for all labor,
porformod 'in such work Whether subcontractor or otherwise , then this obligation
shall be void; otherwise to remain full force and effect.
PROVIDED , FURTHER, chat the said Surety, for value received hereby stipulates
and agrees that no change , extension of time , alteration or addition co the
terms of the Contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligation on
time , alteration or addition to the terms of the Contract or to the work or co
the specifications .
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BOND NO. 400GR 8423
PROVIDED, FURTHER, that a final settlement between the County and the
Contractor shall abridge the right of any beneficiary hereunder, whose cilim
may be unsatisfied.
IN WITNESS 'w"::ERECT, this instrument is executed in (number)
counterparts , each cne of which shall be deemed an original , this the =
, 1991 .
FLATIRON STRUCTURES CC=4,Z
ATTEST
/
Ar[ _1, '
'r_rinciaal, Secretary
(SEAL)
p��c oti�C - CC P.O_ Pax 2239
Witness as co /Principal Address
J
Lonuaunt, CO 80502-2239
Address
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Surety
ATTEST ; /)
5Y .,\ /i �/I 1-{±
Witness as to Surety () At=p-'e -its Pact
DiLynn Gue_n
1224 Wadsworth Blvd. Lakewood, CO 12250 E. Iliff Avenue -400
Address 60115 Address
Aurora, CO 80044-1565
NOTE. Date of bend must not be prior to date of Contract . If
Contractor is a partnership , all partners should execute bond.
:MPOR:Pd+_ . Surety Cc ng bonds m'_st appear on :he
Treasury Department' s most current list (Circular :ice as
amended) and be authorized co transact business in the
state where the project is located.
22 n e
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ul , ST. P FIRE AND MARINE INSURANCE CO' ANY I ;cERnFlcppE oF)
30�Washington Street St Paul Minnesota 551 i 1 ) t,h 111,) W )1 IAITFI1gRITY1NOIt
1 1 1 1 X11,1, , I((OI(I((� ( l« C��1)� r)AV1k1'(
For verification of the authenticity of this Power of Attorney,you may telephone toll free 1-800-32S-2189 and ask.for rI [,]�' r;li
the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named indnidual(s) (' 1(,'l a�IIIt V
l ilW I 111 t19,.,t
GENERAL POWER OF ATTORNEY - CERTIFIED COPY t I
(Original On File at Home Office of Company. See Certification.)
KNOW ALL N1EN BY THESE PRESENTS:That St. Paul Fire and Ntarine Insurance Cumpany. a corporation organized and existine under the laws of the
State of Nlinnesata,having its principal office in the Cty of St. Paul,Minnesota,does hereby constitute and appoint:
Don R. Broyles, Frank C. Penn, Kathryn K. Shanks, DiLynn Guerre, Lisa Marty,
Kevin P. Lorenz, Pa^ela J. Hansen, individually, Lakewocd, Colorado
its true and lawful attorney(s)-in-fact to e-ce .gal and del,.c for and on its behalf as vu ar4 and all bond.and undertakings,recognizances,!contracts of
indemnity and other tcritirms obligatory.n tne nature thereof.ii inch are or may be al owed,renuir or rerniiited bi, !apt,statute,rule,regulation,contract or
otherwise,
Nall 1V EXC F'D IN PENAL'T'Y THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH i'
,
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and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Fire and Marine Insurance Company,as fully
and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at us Qrinnpal lofficel)'11 r,,,.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,—Section'6(C);of the'By1Laws'
adopted by the Shareholders of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on thejj 28th'day of'\\/IApml''1)119178,of
which the following is a true transcript of said Section 6(C): -,,,'X11\i "i i'll?lI� �ll�llllll�}j ti�l)�1'l�
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The President or any Vice President,Assistant Vice President,Secretary or Service Center General Manager shall have power an ut)lo� , )) )
;(1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Sealiibf!the Companyttt ereto;l
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature therepr4ridl',l)))))))'10)))0) II
' �(2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney, ssgedtiM ursuanee of this.
' section and/or any of the By-Laws of the Company,and 1 �))11:)))!)I 1 1, ):
(3) To remove,.at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given MM..A i) , �, ,
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 5th day of May, 1959,of which the following is a true excerpt. )O\ � \\\f)111t(4�(`,t1`�"P H
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney,or.'any certificate relating`
thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall cyalid andbindmg,upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding .ipoll the Com 11i y;n the,1
future with respect to any bond or undertaking to which it is attached." .. 11O.40 J L) ) ,'!
ut„ttwiio IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
ma``'y FhRE 6�ro�.,,/ corporate seal to be affixed by its authorized officer,this 30th day of November,A.D. 1990.
•
it -19 cs ST. PAUL FIRE AND MARINE INSURANCE COMPANY
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ja{t)_._#7,7_
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"otir Oa' STATE OF NIINNESOTA1 ss. DAVID LITZKOW ice President
�nnrot'nam t000r'' County of Dakota JI .I. 1,.
On this 27� day of June . 19 91 ,before me came the individual who executed the preceding instrument,to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance
Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature wereduly;affixed by
order of the Board of Directors of said Company.
IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day
OAL Sr and year first above jvrittem
Z .�`n� Z —ig /J2.111/024_
a 0 /�, MARY C.STEMPER,Notary Public Dakota,County,,MN
9O'4 COIR't� My Commission:Expires October 22 1996 '
,)
CERTIFICATION
I,the undersigned officer of St.Paul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy'of the-Power of Attornev.'�'
and affidavit,and the copy of the Section of the i3)-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON.FILE IN THE
HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof, and of the whole of the said originals and that the said Power of
Attorney has not been revoked and 1s now,in full force and effect.
esitsqtS
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4'04:ir 1 i y: IN TESTIMONY WHEREOF,I have hereunto set my hand this i )
I . �(���.,) ( ( f� 'il�l�(l�;
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t h'. t • day of ,.19 , , ( 11 1 p
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( Yi,� {{10 I E P werlof, ttlorney beanng�the Certificate of Authority No printed in red on the upper right'co
1\ th o�c%d o {hi document are invand antiriot bind rig upon the Company )t)) ) S h
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